מאבד ממון חבירו ומוסר ג

Halacha 3

Likutay Halachos, Choshen Mishpat, Part II | Hilchos Chovel b'Chaveiro

It is forbidden to strike one's fellow, etc. And even by raising the hand one is called wicked, etc. One who injures his fellow pays five matters, which are: damages, pain, healing, loss of work, and shame, etc.

The renter has the law of a shomer sachar [paid guardian], who is liable for theft and loss, and exempt from circumstances beyond his control [onsin]. Based on the teaching that begins "Tik'u bachodesh shofar — to draw peace into the world," in the first volume of Likutay Moharan, siman 14 — see there the entire teaching from beginning to end. And in brief: one who wishes to draw peace into the world must raise the kavod [honor] to its root, that is, to yir'ah [awe], etc. And it is impossible to raise the kavod except through toras chesed [Torah of lovingkindness] — that is, through teaching others and bringing them back in t'shuvah and making ba'alay t'shuvah and gairim [converts]. Through this is the essential elevation of the kavod, etc. And it is impossible to arouse them in t'shuvah except through the Torah, for through the Torah one arouses the pairings of the souls whose root is in "thought at the beginning" [machshavah t'chilah], etc. And through this ba'alay t'shuvah and gairim are made, etc. And through this the kavod ascends to its root of yir'ah. And through the yir'ah, the particular peace [shalom hap'rati] is made between the body and the soul. And through the particular peace one can pray, etc. And through the prayer, the general peace [shalom hak'lali] is made — peace in all the worlds. And then all creatures have compassion one upon another, as it will be in the future when there will be the wondrous peace in the world, as it is written: "And the wolf shall dwell with the lamb, and the leopard with the kid, etc. They shall not harm nor destroy," etc. (Yeshayahu 11:6-9) — see there all this well. And it is brought there, on the saying of Rabah bar bar Chanah — "I took my basket and placed it in the window of the firmament" — that even the prayers that are explicitly in the prayer-service for the needs of the body, such as "Heal us" [r'fa'ainu] and "Bless upon us" [bareich alainu], etc. — one must intend in them also only for the needs of the soul, that is, for the sustenance of the soul and its healing, etc. — see there all this very well. And behold, the essential guarding from damages is through drawing peace into the world. For through this one is guarded from all damages, as it will be in the future when there will be the wondrous peace in the world, and then all damages in the world will be nullified, as it is written: "And the wolf shall dwell with the lamb, etc. They shall not harm nor destroy" (Yeshayahu 11:6-9). For even among beasts and wild animals there will be peace, and they will not damage one another at all. For all damages come from anger and dispute [machlokes], and from there are drawn all kinds of damages in the world. But through peace all damages are nullified. It emerges that all the shomrim [guardians] need to draw peace into the world, so that all kinds of damages that come from anger and dispute, the opposite of peace, will be nullified. For the essential hold of the Sitra Achra, from which all kinds of damages come, is from the aspect of dispute and anger, which are the aspect of dinim [judgments]. But through peace, the aspect of compassion — where everyone has compassion on his fellow — the hold of the Sitra Achra is nullified and all kinds of damages drawn from them are nullified. And to draw peace is through raising the kavod to its root, to the aspect of yir'ah. And this is accomplished through toras chesed, through the pairings of the souls in "thought at the beginning" — through which one draws the souls of the ba'alay t'shuvah and the gairim, etc. And His kavod, blessed be He, is elevated through this — see there. And this is the essential aspect of guarding: to raise the kavod to its root. Like Yaakov, who was the guardian from whom all guardians are learned, as our Sages of blessed memory said, and as is brought in the Shulchan Aruch. And the entire intention of Yaakov Avinu while guarding the flock of Lavan was for the elevation of the kavod to its root, through drawing the souls of Yisra'ail and the gairim. For in truth, in all the possessions and all the wealth of a person, there is in them the aspect of sparks of kavod. For wealth is the aspect of kavod, the aspect of malchus. And for this reason Rabi would honor the wealthy, for there is the root of wealth in the aspect of kavod, as is understood in the words of Rabbainu of blessed memory in other places. For wealth is the root of the nefesh, in the aspect of: "and to it he lifts up his soul" (Devarim 24:15), as is explained in the words of Rabbainu of blessed memory elsewhere (siman 68) — that wealth is in the aspect of kavod, where is the essential root of the souls, in the aspect of: "Let my soul not come into their council; in their assembly, let my kavod not be joined" (Beraishis 49:6), as Rabbainu of blessed memory wrote all this elsewhere. And this is what is said regarding the wealth of Yaakov Avinu: "And from that which belonged to our father he made all this kavod" (Beraishis 31:1). For wealth is the aspect of kavod, as above. For Yaakov — all his endeavoring at the house of Lavan while guarding his flock was for the elevation of the kavod to its root, to raise the kavod of holiness from the humiliation of exile [zilusa d'galusa] — through drawing the souls of Yisra'ail and the gairim. For through the guarding of the flock he merited that Rochel and Le'ah were paired with him there, and they are the root of the souls of Yisra'ail. And from them were born to him the shevatei Yisra'ail [tribes of Yisra'ail]. It emerges that he drew there, at the house of Lavan, the souls of Yisra'ail. He also drew the souls of gairim, for all the Avos [Patriarchs] were convertors of gairim, as Rabbainu of blessed memory wrote (siman 228), and as is brought in the Midrash (Beraishis Rabah, perek 84). And all of this Yaakov engaged in while guarding the flock of Lavan, for he endeavored to draw peace into the world, through which is the essential guarding, as above. And this is the aspect of: "And Yaakov came whole [shaleim]" (Beraishis 33:18) when he returned from the house of Lavan — for he merited to draw peace [shalom]. For this is the essential guarding, as above. And drawing the peace is through the elevation of the kavod, etc., through toras chesed, etc., as above. For Yaakov Avinu is himself the aspect of the Torah, as is brought. And as it is written: "The Torah that Moshe commanded us — the inheritance of the congregation of Yaakov" (Devarim 33:4). And therefore he is the essential root of the souls of Yisra'ail that came from him, for the root of the souls of Yisra'ail is in the Torah, the aspect of Yaakov, as above. And therefore Yaakov Avinu, who is the aspect of the Torah, was able to pair the souls whose root is in "thought at the beginning." And through this he drew also below the souls of Yisra'ail and the gairim. And through this the kavod was elevated to its root, as above. For the drawing of the souls of Yisra'ail through Yaakov — that is, that he fathered the shivtei Yah [tribes of Hashem] — this is also the aspect of ba'alay t'shuvah. For originally they were in the place where they were, from the sin of Adam HaRishon, and Yaakov Avinu returned them to their place and drew them in holiness below. And this is also the aspect of ba'alay t'shuvah. And all this he did while guarding the flock of Lavan. For the kavod, which is the aspect of wealth, was in the humiliation of exile [zilusa d'galusa] at the house of Lavan the Aramean. And there were all the souls of the house of Yisra'ail, who came from his daughters — for the root of the souls is in wealth, as above. And Yaakov endeavored to raise the kavod to its root. And through this he merited there great wealth, the aspect of kavod, as it is written: "And from that which belonged to our father he made all this kavod." "This kavod" specifically — for he raised the kavod to its root, for he drew there the souls of Yisra'ail and gairim, as above. And through this he drew peace, which is the essential guarding, as above. And all the shomrim are learned from Yaakov, as above, and the essential guarding is through drawing peace, as above. And this is that all four shomrim are liable for an oath — for the oath is in the aspect of raising the kavod to its root, to the aspect of yir'ah, as is understood from the teaching mentioned above. And through the elevations of the kavod one draws peace, through which all kinds of damage are nullified, as it will be in the future, as above. And this is the aspect of the distinction between a sho'ail [borrower] and a socheir [renter]. For a sho'ail is liable even for onsin [circumstances beyond control], but a socheir is liable for theft and loss and exempt from onsin. For the essential guarding from all damages is through drawing peace, and there are two aspects of peace: shalom hap'rati [particular peace] and shalom hak'lali [general peace], as is explained in the teaching mentioned above — see there well. For the particular peace is when the body and the soul each fulfill their role — when the body does its part and the soul does its part, and one does not rob the other and does not make quarrel with it. Rather they conduct themselves in peace, as is proper for each one according to the Torah. But when the body nullifies itself completely before the soul — until even the prayers that are for the needs of the body, which is certainly a permitted thing according to the Torah, to pray for all that one lacks — and despite this he nullifies everything and nullifies his body completely, even in a matter that is due to him and permitted to him, he nullifies everything. And even the prayers that are for the needs of the body, he intends all of them only for the sake of the soul. And this is the aspect of an abundance of peace — that he so loves the soul and has peace with the soul so much that he nullifies himself completely before the soul. And then he is included in Hashem, blessed be He, completely, and draws the general peace, etc., as above. For as long as there is only the particular peace, there still exists some tzimtzum [constriction], since the body desires its own even though it is due to it and permitted to it. Nevertheless, since it does not nullify itself and desires its own, this is the aspect of tzimtzum. But when the body nullifies itself completely, as above — all the constrictions are nullified, and then the general peace is drawn. For all kinds of dispute are drawn from the aspect of tzimtzum and din [judgment]. But when all the constrictions are nullified through nullifying oneself completely, as above, then all kinds of dispute and anger are nullified and the general peace is drawn, as above. And likewise between person and his fellow: just as one must nullify oneself before Hashem, blessed be He, likewise each person must nullify himself before his fellow, so that each one should be included in his fellow. For "Oraisa v'Yisra'ail v'Kudsha B'rich Hu kola chad" [the Torah, Yisra'ail, and the Holy One, blessed be He, are all one]. And when a person conducts himself with his fellow according to proper law and does not rob him and does not make quarrel and dispute with him, but each one holds onto his own — this is the aspect of the particular peace. But when one yields to his fellow and gives of his own to his fellow, so that he nullifies himself before his fellow — this is the aspect of the general peace. For he does not conduct himself with constriction toward his fellow, even regarding something that is his own. Rather he yields of his own to his fellow — and thus the aspect of tzimtzum is nullified. And this is the aspect of the general peace. And this is the virtue of the vasran [one who yields], as our Sages of blessed memory said: "I was a vasran with my money." And this is the aspect of tz'dakah, where one gives of his own to the poor person as a free gift. And one must increase in tz'dakah beyond the obligation, in order to nullify all the constrictions and judgments and to merit the general peace — in the aspect of: "One who increases tz'dakah increases peace" — increases peace specifically, the aspect of the general peace, that the peace is increased in all the worlds. And this is the distinction between a sho'ail and a socheir. For one who lends to his fellow for free, and all the benefit is the borrower's — this is the aspect of yielding, that he yields to his fellow and lends to him for free. And this is the aspect of the general peace, as above. And therefore the sho'ail is liable even for onsin. For through the general peace, all kinds of damages in the world are nullified, as above — even onsin that come through wild animals and bandits. Everything is nullified through the general peace, when the peace is drawn into all the worlds and all creatures have compassion one upon another, as Rabbainu of blessed memory wrote on the verse: "And His compassion is upon all His works" (Tehillim 145:9) — see there. But a socheir — this is the aspect of the particular peace. For he does not yield to him, but rather rents to him for the money of his rental. And this is the aspect of the particular peace, as above. And therefore he is not liable for onsin, only for theft and loss. For the essential theft and loss come from a blemish of the da'as [awareness], as is explained above — for the essential theft is at night, at the time of sleep, as it is written: "And at night he is like a thief" (Iyov 24:14) — that is, at the time of the withdrawal of da'as. And likewise loss is through hesach hada'as [diversion of awareness]. It emerges that theft and loss come from a blemish of the da'as. And peace is the aspect of da'as, for the essential peace depends on da'as, as Rabbainu of blessed memory wrote in many places. And when there is the particular peace, this is the aspect of the completeness of the da'as — that the da'as is repaired and completed from the aspect of blemish and deficiency of the da'as. And then theft and loss, which come from blemish and withdrawal of the da'as, are nullified, as above. But onsin come even by day, even when one's da'as is complete. And they are not nullified except through an abundance of peace, an abundance of da'as, as it will be in the future, as it is written: "And the earth shall be full of knowledge, as the waters cover the sea," etc. (Yeshayahu 11:9). When there will be the wondrous peace, the aspect of "and the wolf shall dwell with the lamb," etc. — which is the aspect of the general peace. And then all onsin and all damages in the world are nullified, as above. And therefore the sho'ail is liable even for onsin. For since his fellow yielded to him and lent to him for free — which is the aspect of the general peace, through which all onsin are nullified — therefore the sho'ail is liable for onsin. For certainly the ones is on the side of the sho'ail and through his fault [b'gira dileih]. For on the side of the lender there is no damage or loss, since he yielded to him, which is the aspect of the general peace. But a socheir, which is the aspect of the particular peace, through which one can only be guarded from theft and loss that depend on deficiency of da'as but not from onsin, as above — therefore the socheir is liable for theft and loss and exempt from onsin. For from onsin he cannot guard — for what can one do against ones, except through the aspect of the general peace, through which one is saved from all onsin, for all kinds of damage are nullified as it will be in the future, as above. And this is only with one who lends to his fellow, which is the aspect of yielding, which is the aspect of the general peace, as above. But the socheir, who is in the aspect of the particular peace, cannot guard from ones. And therefore the socheir is exempt from onsin, as above. And this is the aspect of birchas kohanim [the priestly blessing]. "May Hashem bless you" with wealth, "and guard you" from the damagers — as our Sages of blessed memory said. This is accomplished through peace. For this is the essential birchas kohanim, which they bless at "Sim Shalom" [Grant Peace], and they conclude: "and may He grant you peace." For the essential guarding is through peace, as above. And this is drawn through the Torah. And this is the aspect of: "May Hashem shine His face upon you" — the aspect of the light of the face, which is the aspect of the Torah, as it is written: "For in the light of Your face You gave us a Torah of life and a love of kindness and tz'dakah," etc. — the aspect of toras chesed. And through the light of the face, the aspect of the Torah — through this one raises the kavod. And this is the aspect of: "and be gracious to you" [vichuneka] — the aspect of: "grace and kavod Hashem will give," etc. (Tehillim 84:12). And through this: "May Hashem lift," etc., "and may He grant you peace" — the aspect of drawing peace through the above. And through this the guarding is drawn — the aspect of "May Hashem bless you and guard you" — for the essential guarding is through the peace, as above. For the Kohanim are the aspect of chesed [lovingkindness], and the essential Torah is with them, as it is written: "They shall teach Your ordinances to Yaakov and Your Torah to Yisra'ail" (Devarim 33:10). And this is the aspect of toras chesed. For the Kohein is the man of chesed, and therefore the Rav who teaches his Torah to others, which is the aspect of toras chesed as is explained in the teaching mentioned above, is called a Kohein, as it is written: "For the lips of the Kohein shall guard knowledge, and Torah they shall seek from his mouth, for he is a messenger of Hashem Tz'vakos," etc. (Malachi 2:7) — as our Sages of blessed memory said (Mo'ed Katan 17a). For the Kohein is in the aspect of toras chesed, as above. And through toras chesed one raises the kavod, as above. And therefore the essential kavod is with the Kohanim, as it is written: "And you shall sanctify him" (Vayikra 21:8) — to open first and to bless first. For the Kohanim deserve all the holy kavod, for they raise the kavod through toras chesed, as above. And therefore they are able to draw peace, as above. And therefore the Kohein is in the aspect of peace, as it is written: "Behold, I give him My covenant of peace, and it shall be for him a covenant of eternal priesthood" (Bamidbar 25:12-13). And therefore they bless Yisra'ail with peace, for they draw peace into the world. And this is the essential birchas kohanim, at "Sim Shalom" — the aspect of: "and may He grant you peace." And through this they draw guarding through the peace — the aspect of "May Hashem bless you and guard you" through the peace, as above. Baruch Hashem l'olam, Amein v'Amein. נְנַח נַחְמָא נַחְמָן מֵאומָן

Section 1