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חזקת קרקעות א

חזקת קרקעות א

ליקוטי הלכות - Likutay Halachos

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But "the counsel of Hashem stands forever" — for specifically through this, Hashem brought it about that Yosef descended to Mitzrayim, etc., until the tribes did teshuvah on his sale and said: "Indeed, we are guilty," etc. And they came and bowed to him and said: "Forgive, please, the transgression of the servants of the G-d of your father" — all of which is the aspect of teshuvah on the blemish of emunas chachamim, through which holy s'farim are increased. This is the aspect of the generality of the entire holy Torah that Moshe gave us at the Exodus from Mitzrayim — which was all brought about through the sale of Yosef, which is the aspect of machlokes. This is the aspect of: "And the book that the man of my strife has written" — that specifically through the machlokes a sefer is made. For the entire holy Torah scroll, which includes all the s'farim, was given through the Exodus from Mitzrayim, which came about through the machlokes of the tribes with Yosef. This is the aspect of: "And he sent him from the depths of Chevron" — from the deep counsel of the tzaddik buried in Chevron. For it is certainly a very deep counsel — that specifically through this, Yisrael went down to Mitzrayim and left from there in Yosef's merit, through which the Torah was given — which is the generality of the holy s'farim. All of which is the aspect of: "And the book that the man of my strife has written." 258

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אות א חזקת הקרקעות שלש שנים ע"פ מ"ש רבינו נ"י (סי' סט) ומובא לעיל כ"פ כי שורש הנפש בעשירות ועיקר העישרות הם הקרקעות כי כל מיני עשירות ואפילו כסף וזהב הכל יוצא מן הארץ והארץ הוא שורש כל הנפשות כ"ש תוצא הארץ נפש חי' נמצא כשקונה קרקע נתוסף לו חיות ונפש. וזה שארז"ל (יבמות ס"ג עא) כל מי שאין לו קרקע אינו אדם כי גדר האדם הוא מדבר דהיינו שיש לו כח הדיבור ובזה הוא מובדל מן החי ונקרא אדם והדיבור הוא הנפש כ"ש רבינו נ,י כ"שד ויהי האדם לנפש חי' ותרגומו לרוח ממללא ושורש הנפש הוא בעשירות כנ"ל נמצא שעיקר כח הדיבור שעי"ז נקרא אדם הוא ע"י עשירות. וזה בחי' (קהלת) והעשיר יענה עזות כי עזות ותוקף הדיבור הוא ע"י עשירות כנ"ל. וזה בחי' (משלי ח') שמעו כי נגידים אדבר שע"י הנגידות והעשירות עי"ז הדיבור כנ"ל ושורש העשירות והנפש הכל הי' מן הארץ כנ"ל בבחי' תוצא הארץ נפש חיה שהוא בחי' הדיבור בחי' ויהי אדם לנפש חיה כנ"ל. וע"כ מי שאין לו קרקע אינו אדם כי עיקר גדר האדם שהוא מדבר הוא ע"י הקרקע כנ"ל. וע"כ הקרקע אין לה חזקה עד שלשה שנים כי זה ידוע כשנולד ונתחדש לאדם חיות ונפש חדשה אזי הקליפה קדמה לפירי תמיד והקליפה מחפה על הפרי ומקטרגת ואינה מנחת לקבל הפירי עד שמשברין אותה. וזה בחי' ג' שנים הראשונים שבהם יש כח להמערער לערער והם בבחי' שלש שני ערלה שאז יש כח להקליפה וע"כ הם ג' שנים כנגד ג' קליפות הטמאות לגמרי וצריך להמתין אלו הג' שנים ואח"כ נתגלה הפירי ויכולין לאכלה. וכמ וכן לענין חזקת קרקע בג' שנים הראשונים יש להם כח לערער. כי כל העירעורים וההכחשות הם מן ג' קליפות הנ"ל שהם טמאות לגמרי כי השקר הוא הרע והטומאה לגמרי וכמובא בדברי רבינו נ"י (סי' נ"א) וע,כ באלו הג' שנים יש כח לערער כנ"ל. אבל אח"כ שוב אין להם כח ואזי נתגלה ונתבסס האמת ואזי הקרקע בחזקתו מאחר שכבר עברו ג' שנים שהם בחי' ג' שני ערלה כנ"ל. וגם מחמת זה הם ג' שנים כנגד בחי' האמת שהוא כלול מששל כידוע כי אמת הוא בחי' יעקב שהוא כלול מכל הג' אבות. וע"כ צריך לחזוק ג' שנים שכשעוברים ג' שנים בלא עירעור אזי נכנע הרע והשקר כנ"ל ונתבסס האמת שכלול משלש כנ"ל ואזי אחר ג' שנים הקרקע בחזדקתו כי כבר עברו ג' שנים שבהם יניקת השקר כנ"ל ואזי נתגלה ונתבסס האמת כנ"ל וזה שארז"ל עד תלת שנין איניש מזדהר בשטרי' טפי לא מזדהר כי עד שלש שנים הוא מוכרח בוודא ילהיות נזהר בשטרו כדי שלא יוכל המערער לערער כי בשלוש שנים הראשונים יש כח להשקר כנ"ל וע"כ צריך להיות נזהר בשטרו כי השטר הוא ג"כ בבחי' זו כי השטר הוא כבת אמת שנכתב לאמת ולראי' והוא בבחי' תורה שבכתב שהוא בחי' כתוב יושר דברי אמת (קהלת י"ב) בחי' תורת אמת בחי' יעקב שהוא בחי' אמת כמובא שעיקב הוא בחי' תורה שבכתב. וע"כ הכתב עומד לאמת ולראיה כי הכתב הוא בחי' תורה שבכתב שהוא בחי' אמת שהוא מבטל ומכניע השקר וע"כ עד שלוש שנים שאז יש אחיזה להשקר הוא מחויב להיות נזהר בשטרו כדי לבטל השקר שיש לו אז אחיזה כנ"ל וע"י הכתב מבטלו כנ"ל כי הכתב הוא ג"כ כנגד ג' קליפות הנ"ל שהם בחי' ג' שני ערלה כנ"ל כי הכתב הוא בחי' תורה שבכתב שהוא בכל הבחי' משולשת כשרז"ל (שבת פח) בריך רחמנא דיהיב לן אוריין תליתאה ביום תליתאה וכו' כי התורה היא בחי' אמת שכלול משלש להכניע ולבטל השקר שהוא בחי' שלש שני ערלה ג' קליפות כנ"ל וע"כ בשלש שנים הראשונים שהם בחי' ג' שני ערלה בחי' קליפה הקודמת לפירי מחיוב להיזהר בשטרו שעי"ז מבטלם ומכניעם אבל טפי לא מזדהר כי כשעוברים ג' שנים הראשונים בלי עירעור כבר נכנע ונתבטל ואח"כ אין לו אחיזה וע"כ אין צריך להיות נזהר בשטרו עוד כנ"ל:

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Likutay Halachos, Choshen Mishpat. Based on Likutay Moharan I:28 ("Savay d'Vai Asuna"). Translated from the Hebrew. Any item where if it is divided its name remains upon it — we compel them to divide, etc. Any courtyard that does not have four amos — aside from four amos that are before the entrance of the house — does not have the name "courtyard." And any house that does not have four amos — we do not give to its entrance four amos; see there. According to what is explained in the discourse on "Savay d'vai asuna" — "B'ni lan baisa ba'avira d'alma" ["Build us a house in the air of the world"] — "he said the Name, and it stood and hung between heaven and earth," etc. — in Siman 28. For through the fallen Toros that come from the four fallen Alefs that are received from talmidai chachamim who are "shaidin y'huda'in" [Jewish demons] — through them denials come, etc. And the tikkun for this is hachnasas orchim [hospitality] for righteous talmidai chachamim who are true. Through this it is considered as if he offered the t'midin [daily offerings]. "Tamid" is the aspect of the four aforementioned Alefs that ascend "tamid" [perpetually] — meaning that one elevates the fallen Alefs. Through which is built the aspect of a house in the air of the world. For they have nothing upon which to rely. But through true talmidai chachamim, one builds his house between heaven and earth — in the aspect of "he said the Name and it stood and hung between heaven and earth," etc.; see there. And through this one merits emunah, and rectifies and subdues the denials, etc.; see all of this there well. And therefore the measure of a house for all matters is four amos. For each person needs to build his house in k'dushah — that his house should be in the aspect of the house that is built between heaven and earth; that it should not be, chas v'shalom, in the aspect of a house in the air of the world, which is the place of the Chitzonim [external forces], who are the air of the world, as above. For the main building of the house is in order to be guarded from them. For the house is a place that is guarded from the Chitzonim, whose place is in the air of the world. And in the house one is hidden from them. For the house is a place that is guarded from the Chitzonim who dwell outside, who are the aspect of the air of the world. And therefore the main building of the house is through the aspect of the four aforementioned Alefs in k'dushah — which are the aspect of the wisdoms of the holy Torah, in the aspect of: "B'chochmah yibaneh bayis," etc. ["With wisdom a house is built"] (Mishlai 24:3). For the main building of the house is with wisdom, as is brought in the words of Rabbainu, zichrono livrachah, elsewhere (Siman 266). And this is the aspect of: "B'raishis bara Elokim es hashamayim v'es ha'aretz" ["In the beginning G-d created the heavens and the earth"] (B'raishis 1:1). For the Torah begins with a Bais. For the main building of the house [bayis] is through the wisdoms of the holy Torah. And this is "B'raishis" — for "raishis chochmah" ["the beginning of wisdom"] (T'hilim 111:10). And this is B'raishis — Bai"s Raishis — the aspect of "b'chochmah yibaneh bayis." And a house such as this is the aspect of the house that is built between heaven and earth, as above. And this is: "B'raishis bara Elokim es hashamayim v'es ha'aretz" — the aspect of the house that is built with wisdom, that stands between heaven and earth. And this is "he said the Name," etc. For "Oraysa sh'mah d'Kudsha B'rich Hu" ["The Torah is the Name of the Holy One Blessed Be He"]. And the house that is built through the wisdom of the Torah — through the four Alefs of k'dushah mentioned above — is the aspect of the house that is built in the Name of Hashem. And through this the house is guarded from the Chitzonim, who are the aspect of the air of the world, as above. For the house that is built with wisdom — through the aspect of the four aforementioned Alefs, as is explained in the aforementioned discourse — through this one rectifies and elevates the fallen Alefs. And through this the k'lipos and the denials are subdued — the aspect of the air of the world, as above. And therefore the measure of the house is four amos. For four amos — this is the aspect of the four aforementioned Alefs, as is brought. And one needs that the house should have four amos, in order to draw into it the four aforementioned Alefs — in the aspect of "b'chochmah yibaneh bayis" — so that it should be a house that is established and guarded, etc., as above. So that it should not be, chas v'shalom, in the aspect of the air of the world, as above. For the main element of the house is for the sake of guarding from the Chitzonim who hold on outside, in the aspect of the air of the world, as above. And this is the aspect of the m'zuzah — the aspect of the large Daled of "Echad" that is fixed at the entrance of the house. For the entrance of the house is the aspect of emunah, which is the aspect of an entrance [pesach], as is known. And this is the aspect of the four amos that are given before the entrance of the house, when the house has four amos. And Chazal said: in order to unload his burden there. For the entrance of the house is the aspect of emunah. And when the house has four amos — which is the aspect of the four aforementioned Alefs — then through this the aspect of the emunah is rectified, as above, and the denials that come from the air of the world are subdued, as above. And therefore the entrance — which is the aspect of emunah — we give before the entrance also four amos, corresponding to the four aforementioned Alefs. For the main element of the emunah — which is the aspect of an entrance — its main tikkun is through the four aforementioned Alefs. And through this it has the power to refine and to subdue all the denials that hold on in the air of the world. And this is what Chazal said: in order to unload his burden there. "His burden" [masa'o] — this is the aspect of denials, as is brought in the words of Rabbainu, zichrono livrachah (Sichos HaRa"N, p. 13b), from the verse "masa'achem" — and Chazal expounded: "this teaches that they were heretics"; see there. For all the commerce — everything is in order to refine the sparks that are there from the Chitzonim and the Sitra Achara. And the main element of the Sitra Achara is denials. And therefore the main element of the commerce is through the aspect of emunah — in the aspect of "nasasa v'nasata be'emunah" ["Did you conduct your business faithfully?"] (as Chazal said, Shabbos 31a). For the main tikkun and birur of the commerce is through emunah. And the main birur of the emunah is specifically through the aspect of the four aforementioned Alefs. Through which the emunah is strengthened, and it has the power to refine and to subdue the denials that hold on in everything, as above. And this is what we give four amos before the entrance — which is the aspect of emunah — in order to unload his burden there; in order to subdue the denials that hold on in the commerce, which are the aspect of a burden [masoi], as above. And through the entrance — which is the aspect of emunah — we subdue the denials through the four amos, which are the aspect of the four aforementioned Alefs. Through which one merits emunah and subdues the denials, as above. And this is also the aspect of the four amos of the courtyard. For the courtyard is a guarding for the house. And the courtyard in general is the aspect of emunah, which is a guarding for the house, which is the aspect of wisdom. For the courtyard is before the houses. For first one needs to enter the courtyard — which is the aspect of emunah — and afterward into the house — which is the aspect of wisdom. And therefore also the measure of the courtyard is four amos, corresponding to the four aforementioned Alefs. For the main emunah is through the four aforementioned Alefs. For the main building of the house is through them. And therefore "a person's courtyard acquires for him even without his knowledge" (Bava M'tzia 11a). For all the acquisitions are through the emunah, as above — for it refines everything. And this is the main element of the commerce, as above. And therefore the courtyard — which is the aspect of emunah — acquires for the person all the acquisitions. For immediately when the goods of the commerce come into his courtyard, through this they are refined through the aspect of emunah — which is the aspect of the courtyard, as above. And through this they are acquired for him. For the main element of all the acquisitions is through this aspect — through the aspect of emunah that refines everything. And through this all the acquisitions are acquired from one to his fellow, according to what each one merits each and every day to elevate and to refine some thing. And through this the thing is acquired to him. And the main birur is through emunah — which is the aspect of the courtyard, as above. And mainly through the aspect of the four aforementioned Alefs. Through which the emunah has the power to refine, as above. And as is explained also elsewhere — for the courtyard is before the houses. For the house is the complete opposite of the air of the world. For there is the main aspect of the four aforementioned Alefs, in the aspect of "b'chochmah yibaneh bayis," as above. But the courtyard is open to the air of the world, except that it is surrounded by partitions. And this is the aspect of the emunah that is adjacent to the outside — in order to refine birurim from the air of the world, in the aspect of: "Zos Yerushalayim b'soch hagoyim samtiha," etc. ["This is Yerushalayim: I have set it in the midst of the nations"] (Y'chezkel 5:5), as is explained and understood in many places. And this is the aspect of the entrance of the house, which is adjacent to the outside — also to the air of the world — and there is the main birur. And therefore one needs guarding there from the Chitzonim — from the aspect of the air of the world, as is brought and as above. And this is the aspect of the m'zuzah — the large Daled of "Echad," as above. For the main guarding from the air of the world — which is the Chitzonim and the Sitra Achara — is only through the aspect of the four aforementioned Alefs, which are the aspect of the four amos, the large Daled of "Echad" — which is the aspect of the Name of Hashem, as above, in the aspect of "he said the Name," etc., as above. And this is the matter of all the goods — which are all the acquisitions and the commerce — that a person goes out to the outside and conducts business and refines birurim. Through this he brings everything to the courtyard and unloads his burden before the entrance of the house. For there is the main birur. And this is the main element of all the acquisitions and the commerce. And therefore the courtyard acquires, as above. And this is the aspect of the four amos of the courtyard and of before the entrance of the house — which are the aspect of the four Alefs, as above. And all of this is specifically when the house has four amos. For without this it is not called a house. For the main aspect of the four aforementioned Alefs is in the aspect of the house, as above. And the main house is built through them, as above. And then specifically the aspect of the entrance of the house and the courtyard — which are the aspect of emunah — have the power to refine. And therefore we give them also four amos. For they receive from the four aforementioned Alefs. For the main power of the emunah to refine is through the aspect of the four Alefs, as above. And this is the aspect of: "Any [item] where if it is divided, its name [sh'mo] remains upon it" — "its name" specifically. For the main element is the name [shem], in the aspect of "he said the Name and it stood and hung between heaven and earth." For the house that is built through the aspect of the four aforementioned Alefs — which are the aspect of four amos, as above — this is the aspect of the house that is built in the Name of Hashem, the aspect of the m'zuzah, as above. (For the name — the aspect of Malchus — its main element is through the aspect of the four Alefs, as is known.) For the main element of the name is in the aspect of the house, in the aspect of: "V'nasati lahem b'vaisi uvchomosai yad vashem" ["I will give them in My house and within My walls a monument and a name"] (Y'shayahu 56:5). For the air of the world mentioned above — they have no name, in the aspect of: "Lo shem lo," etc. ["He has no name"] (Iyov 30:8); in the aspect of: "V'shem r'sha'im yirkav" ["And the name of the wicked shall rot"] (Mishlai 10:7). And this is the aspect of what "the road diminishes the name." For because he travels on the road and wanders in the air of the world — through this the name is diminished. For the main element of the name is in the house, as above. And this is what Hashem Yisbarach promised to Avraham: "Va'agadlah sh'mecha" ["And I will make your name great"] (B'raishis 12:2). As Rashi explains there: "Because the road diminishes the name," etc. For in truth, the true tzaddik — even though he travels on the road and wanders in the air of the world — nevertheless, everything is for the benefit of the world, in order to refine from there the holy sparks that wander in the air of the world. And for this sake is the main element of his traveling and his journeying. And through this — that he merits to refine them — through this, on the contrary, his name will grow even more. For the Name of Hashem is magnified through this — through his gathering and elevating these sparks. And through this his name also grows. And this is the aspect of the hachnasas orei'ach [hospitality for the guest] — the talmid chacham explained in the aforementioned discourse. Through which one builds his house between heaven and earth — in the aspect of "he said the Name and it stood and hung between heaven and earth," as above — and subdues the aspect of the air of the world, as above. For this holy man passes by always, and he travels in the air of the world for the sake of the tikkun of the world, as above. And one merits to bring this holy guest into his house. And this aforementioned guest brings in all the holy sparks and all the nefashos that he elevated from outside. And he brings them all into the house. For they all need to be gathered and to enter the house. For this is the main tikkun — to enter from outside, from the air of the world, into the house. And therefore through this, the one who practices hospitality for such guests merits to subdue the denials that come from the air [of the world]. And he merits that his house should be built between heaven and earth, through the Name of Hashem — the aspect of the four aforementioned Alefs. For the Name of Hashem will grow through the aforementioned sparks that he brought into the house, through having brought in the righteous guest, as above. For the main element is the name. For the name is the vitality of every thing, in the aspect of "nefesh chayah hu sh'mo" ["A living soul — that is its name"] (B'raishis 2:19, per Midrash). And the main tikkun of the sparks that fell is to restore to them their name. And through this they return and are included in the Name of Hashem. And this is the aspect of the loss of the name — that the wicked person loses and forgets his name after his death. And the main tikkun is when he returns to his name, which is the nefesh and the vitality. Through which he draws vitality from the Name of Hashem. And therefore the measure of the division of every item is: if when divided, its name remains upon it. But the main element of the name is in the aspect of the house, as above. And therefore the measure of the house and the courtyard is four amos — which are the aspect of the four aforementioned Alefs, which are the aspect of the Name of Hashem, as above. Through which is the main building of the house of k'dushah, in the aspect of "he said the Name and it stood and hung between heaven and earth," as above. And therefore every inheritance of a person is called a "name," as it is written: "Yakum al shem achiv" ["He shall stand upon the name of his brother"] (D'varim 25:6). And Chazal expounded: [this refers] to the inheritance. For all the money and the goods of a person are the aspect of a name, as is explained in the words of Rabbainu, zichrono livrachah, elsewhere (Siman 59). And the main element is the house. For this is the main inheritance, and there is the main name — in the aspect of "v'nasati lahem b'vaisi uvchomosai yad vashem," as above. Halachah 3 is in Hilchos Nizkay Sh'chainim, Halachah 3.

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