ערב א
ליקוטי הלכות - Likutay Halachos
And the tikkun for all of this is to return in teshuvah regarding the blemish of emunas chachamim, until all their holy s'farim are once again esteemed in his eyes. For they purify from all the tumos and from all the filth, from whence the division of counsel is drawn. 119
אות א ערב בשעת מתן מעות משתעבד מיד. לאחר מתן מעות אינו משתעבד אלא בקנין:
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ע"פ מה שכתב רבינו ז"ל ע"פ כי תצא למלחמה (סי' ר"פ) שצריך לקשר מחשבתו בשעת המו"מ אל התורה ועי"ז מקבלת האמונה כח לברר הנצוצות שזה עיקר בחי' המו"מ כדי לברר ניצוצות ע"י אמונה ע,ש. נמצא שעיקר המו"מ הוא בחי' תורה ואמונה ושני בחי' אלו מצינו בגוף המו"מ בעצמו ג"כ כי רוב המו"מ הוא נעשה ע"י המעשות והחפיצים. והמעות הם בחי' תורה כמרומז בדברי רבינו (סי' ר"ד) שכתב כי מעו תר,ת ואין עבירה מכבה תורה גם כתב במ"א (סי' ס) שממון ר"ת משם נתעשר משה דהיינו מן הלוחות שהם התורה. והחפיצים הם בבחי' אמונה כי שם הניצוצות הנפולות שהם ניצוצי המלכות שהוא בחי' אמונהכנ"ל וע"כ רוב המו"מ נעשדין ע"י מעות דוקא וע"י מעות יכולין לקנות הכל והכל נעשה ע"י המעו' וכ"ש (קהלת י) והכסף יענה את הכל כי המו"מ הוא לנשא ולהעלות הניצוצות וליתנם למקומם כ"ש רבינו שם שזה בחי' מו"מ וזה נעשה ע"י אמונה כנ"ל אך אין להאמונה כח להתנשא ולעלות כ"א ע"י התורה כנ"ל וע"כ ע"י המעות שהוא בבחי' תורה מנשאין כל המו"מ ויכולין לקנות כל הסחורות ע"י המעות כי כל בחי' נצוצי אמונה שיש בכל הסחורות קשה להם להתנשא ולעלות כ"א כשמקבלין ח מבחי' תורה כנ"ל וע"כ ע"י המעות שהוא בחי' תורה תיכף מתנשאין ועולין וע"כ נעשה מו"מ ע"י המעות דהיינו בירור נצוצי אמונה ע"י בחי' תורה כנ,ל וע"כ מדאורייתא כסף קונה כי ע"י המעות שהיא בחי' תורה מקבלת האמונה כח וע"כ צריך להאמין דבריו לקיים המקח:
Based on Likutay Moharan I:45, "Al Asher M'altem Bi" ["Because You Acted Unfaithfully Against Me"].
וזהו בחי' ערב בשעת מתן מעות משתעבד מיד. כי צריך לקיים ולהאמין דבריו כי יש כח להאמונה ע"י שמקבלת מבחי' התורה ע"י המתן מעחות שהוא בחי' תורה וכשיש כח בהאמונה צריך לקיים דבריו. אבל לאחר מתן מעות אין משתעבד מחמת שאין להאמונה כח מבחי' תורה דהיינו המעות וע"כ יכול לשנות הדיבור שהבטיח להיות ערב ואזי אין משתעבד כ"א בקנין. כי הקנין סודר הוא ג,כ בבחי' זו, כי הבגדים הם מבחי' בינה כידוע ומשם יוצאת התורה בבחי' ואל תטוש תורת אמך, ואם לבינה, וזהו בחי' כבשים ללבושיך שהתורה הוא בבחי' לבושים כנ"ל וזהו קנין סודר שנלקח הבגד בידו ואזי האמונה שהיא בידים בבחי' ויהי ידיו אמונה כ"ש רבינו שם מקבלת כח מן הבגדים שהם בחי' תורה כ"ל ואזי יש כח להאמונה וע"כ צריך לקיים ולהאמין דבריו וע"כ קנין סודר מועיל בכל דבר כי עי"ז נתחזק האמונה כנ"ל וזה שאמרז"ל בשעת מתן מעות משתעבד הערב שכן על אמונתו הלוהו היינו שיש כל להאמונה ע"י המעות כנ"ל:
Even though one may give [the debt] into the hand of the shaliach [agent], nevertheless, if he does not wish to give it, he is not required to give it unless [the agent] has a ko'ach v'harsha'ah [power of attorney], meaning that [the creditor] assigns the claim to him and writes for him, "Go forth, litigate, prevail" etc. See there in the Shulchan Aruch. According to the teaching "Al asher m'altem bi" etc., Siman 45, see there well. And the general principle: When the ko'ach [power] of the letters of Ma'aseh B'reishis [the Act of Creation] is blemished — which is the aspect of sukkah, the aspect of Eretz Yisroel — then riv l'shonos [strife of tongues] prevails, which is the aspect of y'min sheker [a right hand of falsehood]. But sukkah, which is the aspect of Eretz Yisroel, the aspect of ko'ach ma'asav as above, shields from riv l'shonos, in the aspect of "titz'p'naim b'sukkah mairiv l'shonos" ["You hide them in a sukkah from the strife of tongues"] (T'hilim 31:21), for in Eretz Yisroel, "ihi Rabbi" [she is called "Rabbi," i.e. the master] etc., see there. And this is the aspect of "ki yihyeh riv bain anashim v'nigshu el hamishpat" ["when there is a dispute between men and they approach the judgment"] (D'varim 25:1). For the riv [dispute] between men regarding matters of robbery — that this one claims money from him and he denies it and wants to rob him — this is the aspect of the blemish of the ko'ach of Ma'aseh B'reishis. For according to the ko'ach of Ma'aseh B'reishis, everything was arranged, each one in his place — this person will have such-and-such money and assets, and that person such-and-such — all according to the order of the ko'ach of Ma'aseh B'reishis. And when one robs his fellow, he changes the orders of B'reishis. It turns out that he blemishes the aforementioned ko'ach. And this is the aspect of "umiyad oshkahem ko'ach" ["and from the hand of their oppressors — power"] (Koheles 4:1) — that through oppression and robbery, the ko'ach is blemished. For money and assets are called ko'ach, as it is written, "Kochi v'otzem yadi asah li es hachayil" ["My power and the might of my hand made for me this wealth"] (D'varim 8:17). And as it is written, "Ki Hu hanosayn l'cha ko'ach la'asos chayil" ["For He is the One Who gives you power to make wealth"] (D'varim 8:18). And when one robs his fellow, the ko'ach is blemished as above. And this is the aspect of what Chazal [our Sages] said (B'reishis Rabbah 1:2): "So that the nations should not say, 'You are thieves.' Therefore, 'ko'ach ma'asav higid l'amo'" ["the power of His deeds He declared to His people"] (T'hilim 111:6) etc. For the aspect of ko'ach ma'asav is the opposite of robbery and its rectification, as above. And therefore, when one robs his fellow, and thereby the ko'ach ma'asav is blemished as above, then riv l'shonos, y'min sheker is aroused, as above — for a dispute arises between them and one denies the other. And therefore the tikkun [rectification] is: "v'nigshu el hamishpat" — approaching the mishpat [judgment], which is the aspect of sukkah, in the aspect of "v'Yaakov nasa Sukkosah" ["And Yaakov journeyed to Sukkos"] (B'reishis 33:17). And Yaakov is the aspect of mishpat, in the aspect of "mishpat l'Eilokay Yaakov" ["judgment for the G-d of Yaakov"] (T'hilim 81:5). And as Rabbeinu, may his light shine, wrote (in Siman 2). And through the mishpat, which is the aspect of Yaakov, the aspect of sukkah, riv l'shonos is rectified, as above. And therefore mishpat is before the yachid mumcheh [individual expert judge] who was ordained with the title Rabbi — which is the aspect of Eretz Yisroel, for "there is no s'michah [ordination] except in Eretz Yisroel." And through this, riv l'shonos is rectified as above. And likewise, three dayanim [judges] are also the aspect of Rabbi, as was explained above in Hilchos N'darim [Laws of Vows], for in three Yisroelim there is the aspect of the n'kudah k'laliyus [collective point] of Yisroel, which is the aspect of Rabbi, for from the n'kudah k'laliyus all the points receive. Also, three dayanim are the aspect of Yaakov, who is the aspect of sukkah as above, for Yaakov is the choicest of the Avos [Patriarchs] and incorporates all three. And this is what Chazal said (Shabbos 10a): "Every judge who judges a true judgment becomes a partner with HaKadosh Baruch Hu in Ma'aseh B'reishis." For through the din [judgment] and mishpat, the ko'ach of Ma'aseh B'reishis is rectified — through rescuing the oppressed from "the hand of their oppressors of ko'ach" as above. And this is the aspect of ko'ach v'harsha'ah [power of attorney]. For the main thing that enables one person to compel his fellow to come to din [court] is through the aspect of the aforementioned ko'ach — in order to rectify the aforementioned ko'ach. And therefore the shaliach cannot compel him to din unless the claimant assigns his ko'ach to him. And then [the defendant] is obligated to come with him to din and mishpat, through which the ko'ach is rectified in the aspect of sukkah, as above. And this is the aspect of ko'ach harsha'ah — "ko'ach" specifically, as above. And therefore, according to the din, the primary right of ko'ach harsha'ah is upon karka [land/real estate]. For the main ko'ach of the letters of Ma'aseh B'reishis is in the land, as it is written, "B'reishis...v'es ha'aretz" ["In the beginning...and the earth"] (B'reishis 1:1). And Chazal said: "'v'es ha'aretz' — to include its derivatives." It turns out that the main thing is the earth, and all things are derivatives of the earth and secondary to it. And therefore the greatest lien and right is upon land, for by liening the land, which is the main creation of ko'ach Ma'aseh B'reishis, through this, automatically the ko'ach of the letters in the derivatives of the earth is also liened — meaning, the claim that he is claiming, as above. Based on Likutay Moharan I:6, "Vayomer Hashem el Moshe K'ra es Y'hoshua" ["And Hashem Said to Moshe: Call Y'hoshua"]. The matter of harsha'ah [power of attorney]: It is impossible to extract a claim from the defendant through a shaliach, for he can say to him, "You are not my litigant." Only when [the agent] comes with a harsha'ah in which [the creditor] wrote for him, "Litigate, prevail, and extract for yourself" etc. And even through a harsha'ah it is impossible to sue him by strict din, but only through the enactment of sh'lichus [agency] etc. See there in the Shulchan Aruch. According to what Rabbeinu z"l [of blessed memory] wrote in the teaching beginning "Vayomer Hashem el Moshe, K'ra es Y'hoshua" etc., Siman 6, see there well. And it is stated there that through t'shuvah [repentance], the aspect of adam [man] is made, to sit upon the kisai [throne]. For through t'shuvah, the aspect of the n'kudah tata'ah [lower point] and n'kudah ila'ah [upper point] and the vav within the alef are made etc. And then a yichud [unification] is made between the chamah [sun] and the l'vanah [moon] — the sun illuminating the moon — which are the aspect of Moshe and Y'hoshua etc., as above. And this is the aspect of the three mitzvos that Yisroel were commanded upon their entry to the Land etc. See there, all of this, well. And behold, all the mishpatim [judgments] between the children of Yisroel, between one and his fellow — when they make mishpat tzedek [righteous judgment] between them — this is the aspect of t'shuvah. For they return the matter to its place and root. For this one wanted to rob his fellow and to remove the matter from its root and bring it into the outer places through the avairah [transgression] of robbery and denial. And when they make mishpat emes vatzedek [true and righteous judgment] and clarify the din in truth, then the money or the object returns to its place and root. And this is the aspect of t'shuvah. And therefore the aforementioned tikkun of the aspect of t'shuvah is made through the mishpat. And for this reason it is called mishpat tzedek, as it is written, "V'shaftu es ha'am mishpat tzedek" ["And they shall judge the people with righteous judgment"] (D'varim 16:18). For mishpat is the aspect of the n'kudah ila'ah, as is explained in the aforementioned teaching. Tzedek is the aspect of the n'kudah tata'ah, as is known, and as it is written, "Tzedek yikra'aihu l'raglo" ["Righteousness calls him to his feet"] (Y'shayah 41:2). "Feet" — this is the aspect of the n'kudah tata'ah, the aspect of "v'sachas raglav da chirik" ["and beneath His feet — this is the chirik vowel"], as is explained there in the aforementioned teaching. And the three dayanim who make the mishpat tzedek and thereby elevate and connect the n'kudah tata'ah with the n'kudah ila'ah — they are the aspect of the vav within the alef. For the three dayanim are the aspect of the t'las avahan [three Patriarchs], and the main one is the third who decides, who is the aspect of Yaakov, who incorporates all three. And this is the aspect of vav, for Yaakov is the aspect of vav, as is explained there. It turns out that through mishpat tzedek, the aforementioned yichud is made, which is made through t'shuvah — for the mishpat is the aspect of t'shuvah as above. And therefore it is called mishpat shalom [judgment of peace], as it is written, "Emes umishpat shalom shiftu" ["Judge truth and the judgment of peace"] (Z'charyah 8:16). For the main purpose of the mishpat is to make peace between the claimant and the defendant, for "yikov hadin es hahar" ["let the judgment pierce the mountain"]. And afterwards peace is made between them through the mishpat emes, as it is written, "Emes umishpat shalom shiftu." And when peace is made between them, between the claimant and the defendant, through the mishpat tzedek, from this itself the aforementioned yichud is made Above, kiv'yachol [as it were]. For through an is'ar'usa dil'sata [arousal from below], there is an arousal Above. For the claimant and the defendant, who are the malveh [lender] and loveh [borrower] and the like, are the aspect of the n'kudah ila'ah and n'kudah tata'ah. For the malveh and loveh, who are the claimant and defendant — where one claims what his fellow owes him — are in the aspect of chamah and l'vanah, as is known. For the chamah is the aspect of mashpi'a [the giver], the aspect of the n'kudah ila'ah, the aspect of malveh. And the l'vanah is the aspect of loveh, the aspect of m'kabeil [the receiver], the aspect of the n'kudah tata'ah. And when denial and quarrels arise between them, this is the aspect of pairud [separation], chas v'shalom, between the two aforementioned aspects. And therefore the mishpat is an exceedingly great matter, and upon it the world stands. For through the mishpat, peace is made between them, and then the yichud between chamah and l'vanah, between n'kudah ila'ah and n'kudah tata'ah, is also aroused Above, kiv'yachol. For the mishpat is the aspect of t'shuvah etc., as above. And therefore the main mishpat is only when the ba'al davar [the litigant himself] is before us. But through a shaliach, it is impossible to make mishpat tzedek. And therefore [the defendant] can dismiss him and say to him, "You are not my litigant." For the main denial and deception that arises between them, between the malveh and the loveh, between the claimant and the defendant — which is the aspect of pairud as above — its main source is only from the aspect of the Aitz HaDa'as Tov vaRa [Tree of Knowledge of Good and Evil], from which the falsehood is drawn, coming from the contamination of the Nachash [Serpent], who brought falsehood into the world, and through this pairud was caused, kiv'yachol, as is known. And the main chain of descent of the hold of the Aitz HaDa'as is from the aspect of Metat[ron], as is brought in the Tikunim. For Metatron is the aspect of the matteh [staff] of Moshe that transforms etc. For from there is the hold of the Aitz HaDa'as Tov vaRa. And Metatron is the aspect of a mal'ach [angel], the aspect of a shaliach [agent]. And when HaKadosh Baruch Hu conceals His face, kiv'yachol, then the hanhagah [governance] is through the shaliach, which is the aspect of Metatron. And therefore after the sin of Yisroel it was said, "Hinai mal'achi yailaich l'fanecha" ["Behold, My angel shall go before you"] (Sh'mos 33:2). And Moshe Rabbeinu, alav hashalom, did not wish to accept this and said, "Im ain panecha holchim" etc. ["If Your Presence does not go"] (Sh'mos 33:15). For Moshe did not want the aspect of this governance, because from there chains down, chas v'shalom, the hold of the Aitz HaDa'as etc., as above. For Yisroel who left Mitzrayim and went to conquer Eretz Yisroel from the seven nations — this is the aspect of t'shuvah, to rectify the sin of Adam HaRishon, whose main tikkun was through galus Mitzrayim, where they were purified and sorted out all the nitzutzos [sparks] that fell through the sin of Adam HaRishon. And they went up with great wealth — meaning, all the aforementioned nitzutzos — to Eretz Yisroel, to return everything to its root. And they also extracted Eretz Yisroel itself from the k'lipah and the Sitra Achara that covered it due to the aforementioned sin, because of which Eretz Yisroel was initially in the hand of K'na'an. And Yisroel rectified all of this and subdued the seven nations and extracted Eretz Yisroel from the k'lipah and elevated all the nitzutzos that fell through the sin of Adam HaRishon to k'dushah. It turns out that the entry of Yisroel to the Land is the aspect of t'shuvah. And therefore Yisroel were commanded three mitzvos upon their entry to the Land, which are the aspect of t'shuvah, as is explained in the aforementioned teaching. For the main point of their entry to the Land was the aspect of t'shuvah as above. And the main point of t'shuvah is that a yichud should be made, kiv'yachol, between the n'kudos, between chamah and l'vanah, as above. And the main yichud in its completeness is when Hashem Yisbarach Himself, kiv'yachol, leads Yisroel. Then K'nesses Yisroel unifies with Him Yisbarach, and then the yichud is complete. But when the governance is through the aspect of Metatron, this is the aspect of concealment, as is known, and then the yichud is not complete, and then the t'shuvah is not complete, and the hold of the Sitra Achara can, chas v'shalom, resume from the aspect of the Aitz HaDa'as that chains down from there, as above. And therefore Moshe did not want this and said, "If Your Presence does not go, do not bring us up from here." For he did not want to enter Eretz Yisroel at all through the aspect of this governance, for he knew that Yisroel would not endure there in Eretz Yisroel if they entered through this aspect. And so it was in truth, for afterwards in the days of Y'hoshua, who was compelled to accept this governance, as is explained in the pasuk there, where the angel said to him, "Atah basi" ["Now I have come"] (Y'hoshua 5:14). And Chazal said: "In the days of Moshe your master I came, and he did not wish to accept me" etc. And in the end the matter was ruined, and Yisroel did not endure there. For it is taught that had Moshe Rabbeinu, alav hashalom, brought Yisroel into the Land, they would never have been exiled from there. And all of this is due to the aforementioned aspect — for in the days of Moshe, the governance was through Him Yisbarach Himself, kiv'yachol, as above. And therefore, when one wishes to make mishpat tzedek between man and his fellow, the ba'al davar must be before us. And then the din goes forth properly, and the falsehood and denial that come from the Aitz HaDa'as etc. are nullified, and peace is made between them, and a complete yichud is made from this, kiv'yachol. But through a shaliach, it is difficult to clarify the din to its truth, for the denial and falsehood whose sustenance is from the Aitz HaDa'as — whose hold chains down from the aspect of Metatron, who is the aspect of a shaliach as above — can prevail. And also, when the mishpat goes forth, it is not in the aspect of mishpat shalom in its completeness, for through a shaliach one arouses, chas v'shalom, the governance through a shaliach, through which the tikkun and the yichud are not made completely, as above. And therefore, according to the strict din, it is impossible to make mishpat at all through a shaliach, but only when both [litigants] are before us. For regarding a loan where the fellow denies [the debt], a harsha'ah does not help from strict din, but only from the side of the enactments of harsha'ah, as is explained in Choshen Mishpat (see the Shach there). Only because of the enactment did they enact that harsha'ah should be effective, for the sake of the tikkun of the world, so that each person should not seize his fellow's money and go far away, as is brought in the poskim, see there. For in truth, this governance through a shaliach, even though it is the aspect of concealment, is a tikkun of the world. For sometimes the world is, chas v'shalom, in the aspect of a great distance from Him Yisbarach, to the point that it is impossible for Hashem Yisbarach to govern the world Himself, kiv'yachol. And it is necessary that He govern the world, kiv'yachol, through the aspect of concealment, through the aspect of the aforementioned shaliach, as it is written, "Ki lo e'eleh b'kirb'cha pen" etc. ["For I will not go up in your midst, lest..."] (Sh'mos 33:3). And therefore it is necessary that the governance be through a shaliach, kiv'yachol, for all the ko'ach is given over to him, and he has the power to judge the entire world, for, kiv'yachol, Hashem Yisbarach is hidden within him and governs the world through him. And this is the aspect of one who comes with a harsha'ah, to judge and to extract, to save the oppressed from his oppressor. For everything is for the sake of tikkun of the world, as above. And then the mursheh [authorized agent] must come with the ko'ach of the malveh, who transfers to him all his ko'ach, and then he has the power to extract the claim and return it to the malveh, to its place and root — all in the aforementioned aspect. Understand this well. And therefore Chazal said (Shabbos 63a): "'Va'asher lo tov asah b'amav' ['And that which is not good he did among his people'] (Y'chezkel 18:18) — this is one who comes with a harsha'ah." For from the aspect of one who comes with a harsha'ah, from there chains down the hold of the Aitz HaDa'as Tov vaRa. And therefore one who comes with a harsha'ah is called "lo tov" ["not good"]. For we must strive in all our deeds only to arouse the aspect of governance through Him Yisbarach Himself, kiv'yachol. And then the two aforementioned n'kudos are connected in completeness. And the main [opportunity for this] is at the time of the mishpat, which is the aspect of t'shuvah, the aspect of the aforementioned yichud, the aspect of chamah and l'vanah, as above. And then will be fulfilled, "V'hayah or hal'vanah k'or hachamah" ["And the light of the moon shall be like the light of the sun"] (Y'shayah 30:26), without any diminishment — for from there come all the debts and claims, through the diminishment of the moon etc. And through mishpat emes, everything returns to its place and root, and all of this is rectified. And through this Yisroel will return to their Land, as it is written, "Tziyon b'mishpat tipadeh" ["Tziyon will be redeemed through judgment"] (Y'shayah 1:27). And then will be fulfilled, "V'hayah Hashem l'Melech...bayom hahu yihyeh Hashem Echad u'Sh'mo Echad" ["And Hashem will be King...on that day Hashem will be One and His Name will be One"] (Z'charyah 14:9). Blessed be Hashem forever, amain v'amain. Source: Likutay Halachos, Choshen Mishpat, Laws of Power of Attorney, Halachos 1–2. Halachah 1 is based on Likutay Moharan I:45, "Al Asher M'altem Bi." Halachah 2 is based on Likutay Moharan I:6, "Vayomer Hashem el Moshe K'ra es Y'hoshua." Translated from the Hebrew.
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