שותפים בקרקע ה

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Likutay Halachos

Likutay Halachos, Choshen Mishpat. Based on Likutay Moharan I:7 ("V'Aileh HaMishpatim"). Continuation from Hilchos Chezkas Karka'os 2. Translated from the Hebrew. And this is the aspect of shutafin [partners]. For the main aspect of partnership that exists between people in some business is drawn from the aforementioned aspect that is brought in the aforementioned Torah — that each member of Yisroel needs to speak with his fellow about yiras Shamayim, etc., in the aspect of "umekablin dain min dain" ["and they receive one from another"], etc. And this is the aspect of the illumination of the Da'as of the son and the student, as is explained there. And all the parnasah and the wealth is drawn from there, as is brought there — that the wealth and the parnasah are drawn from the Makifim [surrounding lights] in the sea of wisdom that shine through the aforementioned Da'as, etc. And from this is drawn the aspect of partnership. For most business dealings, especially the large business dealings, are completed through partnership specifically. For the root of the partnership and the joining together of people to complete some business is drawn from the fact that each member of Yisroel needs to illuminate in his fellow the Da'as, as above. And likewise his fellow needs to illuminate in him the Da'as, as above. And this is the main settlement and sustenance of the world, etc. And from this is drawn that people join together to conduct commerce in partnership. And through this they can succeed even more, if they conduct themselves properly, as Chazal said: "Mazala d'vai t'ray adif" ["The fortune of two is better"] (based on Ta'anis 8b). For every matter has its root in the Torah. For the main joining together and partnership between them to complete together some business is because at the root of the vitality of each one — which is the drawing of the aforementioned Da'as, for the sake of which everything was created and sustained — there, in the drawing of this Da'as, one specifically needs to join together and to partner, one with his fellow, and to speak and to engage, each one with his fellow, at all times, about this Da'as, which is the main purpose. For one needs to illuminate and to receive from one another, etc., as above. And from there it is drawn that also in all the commerce and the business dealings, people join together and partner. And through this most business dealings are completed even more. For everything receives vitality from the Torah, which is the aforementioned Da'as. And there one needs to join together and to partner, that each should illuminate in the other, etc., as above. For specifically through this the parnasah and the wealth are drawn, as was brought above — that all the parnasah and the wealth are drawn from the Makifim in the sea of wisdom that are drawn through the aforementioned Da'as, etc. And therefore "mazala d'vai t'ray adif," as above. And this is the aspect of: "Tovim hash'nayim min ha'echad" ["Two are better than one"] (Koheles 4:9). And Rashi explains: "Two are better for every matter than one. Therefore a person should acquire a friend and should marry a wife, who have more profit in their labor. Many tasks are accomplished by two that a single individual would not begin on his own." Meaning as above — for the main sustenance and settlement of the world is drawn from the aforementioned Da'as of the son and the student. And for this one needs joining together and partnership specifically — whether to bear children, whether to establish students and friends who will receive from one another, etc., whether to complete some great business dealing or a great task. And as is explained in the aforementioned commentary of Rashi: "Many tasks are accomplished by two," etc. — meaning as above. And this is what is written in the Shulchan Aruch — that the partnership is not completed through words alone, but only through a kinyan. And in the manner of kinyan for buying and selling, so it is for partnership, as is explained there in Siman 176. For in truth it is fitting for a person to stand by his word, as Chazal said. And the fact that changes are found — such that one needs a kinyan — this is drawn from the ruach sh'tus [spirit of folly], from which all the sins come, Rachmana litzlan. For from there are all the falsehoods and the changes in the world. And the main ruach sh'tus is drawn from the wisdoms of each person — from what seems to him as if he has some grasp in the wisdom and the knowledge, in the aspect of: "Ra'isa ish chacham b'ainav, tikvah lichsil mimenu" ["Have you seen a man wise in his own eyes? There is more hope for a fool than for him"] (Mishlai 26:12). For the main wisdom is that one should realize that the wisdom is far from him, in the aspect of "amarti echkamah v'hi r'chokah mimeni" ["I said I would become wise, but it is far from me"] (Koheles 7:23), as is explained elsewhere. For "the ultimate knowledge is that we do not know." And in truth this expression, "the ultimate knowledge," etc., is already common in the mouths of most literate people. And nevertheless each one is wise in his own eyes, as if he has already grasped everything, until he has reached the ultimate knowledge, which is that we do not know. And in truth he is a fool, and he does not understand that he has not yet even begun to know at all. For in truth, this ultimate of "that we do not know" — no one grasps it except the tzaddik, the Chacham who is great in the ultimate level, who knows and has already grasped a tremendously lofty attainment, etc. — until he has reached the ultimate of "that we do not know." But the rest of people, even the great chachamim, simply do not know at all. How much more so ordinary people who do not know at all — certainly they are very far from this ultimate knowledge. Rather, they need to know that they still do not yet know, in simplicity, anything. (And there is much to speak about this; see elsewhere.) And all the deceit and the changes are drawn only from the wisdoms of each person, which in truth are all literally a ruach sh'tus. For the main element of all the changes and the deceit of each person is because he says in his mind that he knows in which matter he will profit — until he says that through changing his word or through practicing deceit he will profit in the business. For certainly no person changes his word — how much more so to practice deceit — except for the sake of some profit that seems to him [to be attainable]. And all of this is because he is wise in his own eyes, the aspect of "chacham l'hara" ["wise for evil"]. And in truth everything is folly. For "lo yacharoch r'miyah tzaido" ["The deceitful man will not roast his prey"] (Mishlai 12:27). And through the change and the deceit he will not profit and will not succeed at all. For no person knows in what he will profit. Rather, the wealth and the honor are from before Him, Yisbarach. For "lo mimotza umima'arav," etc. ["Not from the east and not from the west"] — "ki Elokim shofait, zeh yashpil v'zeh yarim" ["For G-d is the Judge; He lowers this one and raises that one"] (T'hilim 75:7). And the main profit and the wealth and the parnasah are only from the Makifim in the sea of wisdom that are drawn through the aforementioned Da'as that one receives from the true Rebbe, and each one illuminates in his fellow. For these Makifim — their root is the aspect of the supernal Makifim, which are the aspect of the ultimate knowledge, "that we do not know," which the true Rebbe grasps in the ultimate, ultimate completeness, etc. It emerges that the main changes are on account of the ruach sh'tus — on account of not engaging in the aforementioned Da'as, to draw the Makifim from which all the parnasah truly comes, as above. And therefore one needs a kinyan. And most kinyanim are through garments — which is kinyan sudar. For the garments are in the aspect of the Makifim, as is known. And therefore through kinyan sudar — which is through garments, the aspect of Makifim — through this the transaction is established so that they will not change anymore. For there, in the aspect of the Makifim, there is no change at all. For there is the root of the aforementioned Da'as, that each one needs to illuminate in his fellow. And this is the main joining together and partnership. And there all the nefashos are included together. And therefore through this the partnership is established so that they will not change anymore, as above. Chapter headings pertaining to the laws of Purim, included in Hilchos Shutafin b'Karka, according to the Torah "Ki M'rachamam Y'nahagaim": "Lo taitzai k'tzais ha'avadim" ["She shall not go out as the slaves go out"] (Sh'mos 21:7) — see what is stated in the Tikkunim. "Ki v'chipazon yatzasa" ["For in haste you went out"] (D'varim 16:3). And in the last galus: "Ki lo v'chipazon taitzaiu...ki holaich lifnaichem Hashem uma'asifchem Elokay Yisroel" ["For not in haste shall you go out...for Hashem goes before you, and the G-d of Yisroel gathers you"] (Y'shayahu 52:12). The roshai taivos [initial letters] spell "Eliyahu." For the g'ulah will be through Eliyahu, who will come to announce the g'ulah first. "Ki holaich lifnaichem Hashem" — this is the aspect of Ma"H, the Name Havayah filled with Alephs, in gematria Ma"H [45]. "Uma'asifchem Elokay Yisroel" — the aspect of "m'lo chol ha'aretz k'vodo"; Elokim in gematria is 86, Peh [85] with the kolel — the aspect of Malchus Peh [the mouth]. For the main strengthening through the aspect of "m'lo" is through speech of the mouth — which is conversation and t'filah and hisbod'dus and crying out and pleading and supplications and entreaties and requests, etc. For the speech goes with the person to every place, like a mother of children, as is brought elsewhere. For in the first g'ulah it is written: "V'lo yachlu l'hismahmai'ah" ["And they could not delay"] (Sh'mos 12:39). And in the end it is written: "Im yismahma'ah chakeh lo," etc. ["If he tarries, wait for him"] (Chavakuk 2:3). And everything is through the aforementioned Da'as. "Mor d'ror" — Mord'chai. "Not'fos mor ovair" ["Drops of flowing myrrh"] (Shir HaShirim 5:5) — the aspect of yir'ah [awe]. As Chazal said: "Any talmid chacham whose lips do not drip myrrh," etc. (Shabbos 30b). At first he said a milt'a d'v'dichusa [a humorous word] to gladden and to open the minds of the students — for he lowered himself to them very, very much, so that they would be able to receive. And afterward "yasiv b'aimasa" ["he sat in awe"], etc. For the main drawing of the aforementioned Da'as is through yir'ah. "D'ror" — a language of chairus [freedom], the aspect of "Ashraichuh eretz shemalkaich ben chorin" ["Fortunate is the land whose king is a free man"] (Koheles 10:17), as is explained there — the aspect of Yom HaKipurim. "V'Aileh HaMishpatim asher tasim lifnaihem" ["And these are the laws that you shall set before them"] (Sh'mos 21:1). "That you should not say: I will teach them the chapter once or twice until it is fluent in their mouths," etc. "Rather, arrange before them like a set table before a person," etc., "ready to eat." How much more so in the study of the fulfillment of the Torah and the mitzvos, etc. Parashas Mishpatim [comes] before and after the receiving of the Torah. For the main element is the peace — that one should not enter and gaze upon one's fellow for evil, but only for good. And this is the aspect of "va'asu s'yag laTorah," as is explained in our words there in the aforementioned parashah. For it is brought in the holy sefarim that the lot of Haman was that he wanted to overpower against the k'dushah of Yom HaKipurim, when the lot of the Kohen Gadol was cast upon the two goats — one lot for Hashem and one lot, etc. And they are the aspect of "baruch Mord'chai" and "arur Haman." For it is the aspect of Azazel, which drew nourishment from the aspect of the evil in the Tree of Knowledge, as Chazal said on the verse: "Hamin ha'aitz," etc. ["Was it from the tree?"] (B'raishis 3:11). And the main evil mentioned above is the aspect of Aza and Azael who were cast from Heaven and sinned, etc. For all the prosecution of Adam HaRishon with the Tree of Knowledge was drawn through them. And therefore through the aforementioned Da'as — which is the aspect of the k'dushah of Yom HaKipurim, as is written there — Haman is subdued. And therefore the main name of this Yom Tov is Purim, named after the Pur [lot]. For on Yom HaKipurim we effect the request of "s'lach na" ["please forgive"] regarding the sin of the M'raglim [spies], who blemished Eretz Yisroel and caused the destruction, etc., as is brought there. For the main blemish of the M'raglim was that they were ensnared by drawing upon themselves the fear of Amalaik, as it is written: "Amalaik yoshev b'eretz hanegev," etc. ["Amalaik dwells in the land of the South"] (B'midbar 13:29). And they did not believe in the power of Mosheh, that he could subdue him. And afterward, when the decree had already been decreed upon them to die in the wilderness, they then wanted to overpower and to wage war. But then it no longer availed. And then the matter was reversed — that Mosheh himself warned them not to ascend without permission, "for the Amailaikite and the K'na'anite dwell in the mountain," etc. (B'midbar 14:43). For Amalaik is always a whip of chastisement for Yisroel. And on Purim one needs to rectify all of this. And therefore it is stated in the Tikkunay Zohar that Purim is the aspect of Yom Kipurim. "Hevu m'sunim badin" ["Be deliberate in judgment"] (Avos 1:1) — the aspect of "ki lo v'chipazon taitzaiu." The tikkun of the aspect of "ki v'chipazon yatzasa," etc. Mord'chai — the aspect of the aforementioned chairus, which is the Da'as of the son and the student. Through which it is revealed that in all the falls and the descents in the world — in the generality of Yisroel and in the particularity of each and every member of Yisroel, even the most light and the most wretched, etc., very, very much; and in the generality of the times and in the particularity of the changes of the times, etc.; even in ikvasa d'Mashicha [the footsteps of Mashiach], in these latter days, which is the aspect of the strength of the concealment within the concealment — also there Hashem Yisbarach and the Torah are found. And this is the aspect of Esther — which is the aspect of "v'Anochi hastair astir," etc. ["And I will surely hide"] (D'varim 31:18), as Chazal said. And the completeness of the final tikkun is through the aspect of the aforementioned silence. And therefore Esther held to the practice of silence, as it is written: "Ain Esther magedes" ["Esther did not tell"] (Esther 2:20). And likewise Rochel Imainu, and Binyamin, and Shaul, etc., as Chazal said. For one needs great deliberation for the drawing of the aforementioned Da'as. "L'gulg'losam" ["By their heads"] (Sh'mos 38:26) — the aspect of the galgal [wheel] that turns, the aspect of what is explained regarding the draidel: the upper ones go to the bottom, the lower ones go to the top — the aspect of "man d'z'air hu rav, man d'rav hu z'air" ["he who is small is great; he who is great is small"]. And this itself is the aspect of the gilgula d'nishmasin [reincarnation of souls], as is brought in Sichos HaRa"N; see there.

Choshen Mishpat — Laws of Fraud (Onaah)

Hilchos Onaah — Halachah 5

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