אבידה ומציאה א

Likutay Halachos – Choshen Mishpat II – Laws of Lost and Found 3

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Based on the Torah-teaching beginning "And let a double portion of your spirit be upon me" [II Kings 2:9], etc. (Lesson 66); see there the Torah-teaching well. And the principle in brief: there is a ru'ach [spirit] above and a ru'ach below. At the time of the histalkus [passing/departure], they are unified and joined together, and through this he departs. And through this itself, the aspect of pi shnayim [a double portion] is drawn to his students, etc.; see there. And these two spirits are the aspects of ko'ach [potential] and po'el [actualization] — right hand and left hand — the yud of the Sheim Ha'etzem [the Essential Name (YHVH)] and the yud of the Sheim HaKinui [the Name of Appellation (ADNY)]. Initially the ko'ach and the po'el are bound together, etc., for the end of action is in the initial thought. This is the aspect of before Creation. But afterward they are opened, in the aspect of "You open Your hand" [Psalms 145:16], etc.; see all of this there well. And to bring from ko'ach into po'el, the essential means is through emes [truth]. And the essential emes is when one is not dependent upon others (nitzrach lab'riyos), for one who is dependent upon others — his face changes, etc. — meaning the emes is not in its fullness, etc.; see there. And all the mitzvos and transgressions depend on this — on the aspect of the opening of these hands, etc. And this is the aspect of kinyan sudar [acquisition through a cloth/garment]: it is impossible to finalize a transaction — and how much more so the gift of a healthy person — except through a kinyan, and most acquisitions are kinyan sudar. For it is impossible to finalize a transaction or any matter except through the aspect of bringing from ko'ach into po'el — which is the essential of our service in this world. And all our mitzvos and actions in this world are entirely in the aspect of bringing from ko'ach into po'el. For in truth, even though Hashem, blessed be He, has already created the entire world — the earth and all that is upon it — nevertheless everything depends on the hands of Yisrael. We must literally each day renew the world and bring it from ko'ach into po'el, through our service with mitzvos and good deeds, in the aspect of: "Who in His goodness renews each day constantly the work of Creation" — "there is no good except the tzadik" — that is, the generality of Yisrael, who are all called tzadikim, as it is written: "And Your people are all tzadikim" [Isaiah 60:21]. Through them Hashem, blessed be He, renews each day constantly the work of Creation. For even though Hashem, blessed be He, has already created the entire world, nevertheless the entire world requires rectification and clarification, as is known — to rectify the world from its corruption that was corrupted through the sin of Adam HaRishon. Therefore one must renew the world each day and bring it from ko'ach into po'el afresh, literally each day — in order to renew it and rectify it and clarify it. This is the essential generality of our service, as is known. And it is impossible to renew the world and bring it from ko'ach into po'el afresh except through first connecting the po'el to the ko'ach — to return and raise the end of action to the initial thought. And when the po'el returns to the ko'ach — that is, the entire world returns and is included in its root in the Ain Sof, as it were — then they return and bring forth the entire world afresh from ko'ach into po'el. Then it is renewed and clarified and rectified through this. For this is the essential clarification and rectification: when one raises it to its root, and there it is renewed and rectified, as is known. This is the essential rectification of prayer, and of tzitzis and tefillin. For initially one clarifies and ascends from Asiyah to Yetzirah, and from Yetzirah to B'riyah, etc. — through tzitzis and hand-tefillin and head-tefillin, and likewise through the order of prayer — Korbanos and P'sukei d'Zimra, etc., as is known. And afterward, when one raises everything to its root in Atzilus — which is the Shmoneh Esrei prayer — then afterward one returns and draws the generality of the worlds from above to below, from Atzilus to B'riyah, etc. — through Ashrei and U'va L'Tzion, etc. And this is the essential aspect of masa u'matan [commerce/exchange]: a thing passes from one domain to another, and everything is for the sake of clarification. And the clarification that results — the item being clarified — is the aspect of a literal renewal, as if it were created afresh, as above. Therefore it is impossible for a thing to pass from one domain to another except when the thing first returns to its initial root — to the ko'ach, as it were — and from there the thing returns and is drawn into the domain of the other person. Through this the thing is clarified and renewed, as above. For in truth, when the object is in this person's hand, its existence and vitality are through this person — through the portions of nefesh, ru'ach, neshamah of this person in whose hand the object is. And afterward, when it comes into the possession of another, its existence and vitality are through another person — and behold it is as if created afresh, for now the object has a new vitality and existence. For now the essential existence and being of this object is through this person into whose possession it has now come. Therefore it is impossible for a thing to pass from one domain to another except when the thing first returns to its initial root — to the ko'ach — and from there it returns and emerges into the second person's domain. And through the object's ascending to its root and returning and emerging into the second person's domain at the time of the transaction — through this comes the essential clarification of the transaction. For when it ascends to its root it is renewed there, and this is the essential clarification, as above. Therefore the transaction has no validity except through this aspect — that is, the aspect of bringing from ko'ach into po'el — namely, that the thing ascends to its root and then returns and emerges from the ko'ach into the po'el, as above. And this is the aspect of what Rabbaynu, of blessed memory, wrote there in the aforementioned Torah-teaching: that it is impossible to bring from ko'ach into po'el except through emes — that is, when one is not dependent upon others, for then specifically the emes is in its fullness, as is explained there; see there. For in truth, at first glance it seems difficult: if so, the great tzadikim — the majority of whom are sustained from what they receive from the common people — if so, according to this they would be, Heaven forbid, far from the emes, Heaven forbid. And I have already heard explicitly a question similar to this from the mouth of Rabbaynu HaGadol, of blessed memory, in these words: Regarding what we request — "And do not make us dependent upon the gifts of flesh and blood" — how do those who receive [support], whose livelihood comes from this, direct their intention in this prayer? (All of this I heard from his holy conversations, where he spoke of this in the eloquence of his holy tongue, and I did not hear his resolution of this.) However, in truth, the essential of our request is: "And do not make us dependent upon the gifts of flesh and blood" — "flesh and blood" specifically. For in truth, the essential purpose is that one must know that "there is nothing else besides Him" [Deuteronomy 4:35] — literally nothing else. That is, there is nothing found in the world at all — only He, blessed be He, alone. For "Hashem is the G-d in the heavens above and upon the earth below — there is nothing else" [Deuteronomy 4:39] — "nothing else" literally. For there is nothing found in the world at all, at all — only He alone, blessed be He. For everything is hevel [vanity]. And everything is as nothing before Him — literally as nothing. And so I found in the Shelah HaKadosh, who explained the verse thus: "And you shall know today and return it to your heart that Hashem is the G-d in the heavens above and upon the earth below — there is nothing else." According to its plain meaning, the intent is that there is no other god besides Him, blessed be He. But the [Shelah HaKadosh] explained that the intent is that one must know and return it to his heart that only Hashem is the G-d in the heavens above and upon the earth below — and there is nothing else — no creation and nothing found at all. For everything is literally nothingness and emptiness, and everything is literally nullified in existence before Him, blessed be He. Both above and below — in the heavens above and upon the earth below — everything is vanity and literally nothingness. Only Hashem is the G-d and there is nothing else at all. And this matter cannot be explained — rather each person according to what he estimates in his heart [can grasp]. It emerges that according to the truth — that everything is nullified before Him, blessed be He, and the po'el is included within the ko'ach in the aspect of "the end of action is in the initial thought" — therefore even when one receives livelihood or the like from another, he is receiving from Him, blessed be He, Himself, since he knows that everything is nothingness and emptiness. He connects the po'el to the ko'ach, as above, and then he is receiving only from the initial Ko'ach — that is, from the Creator, blessed be He. And this is the essential of our request that we ask: "And do not make us dependent upon the gifts of flesh and blood" — the gift of "flesh and blood" specifically — not to err and think, Heaven forbid, that one is receiving from the flesh and blood literally — that is, from the physicality of the body. Rather, even when receiving from a person, one should know that one is receiving from the initial Ko'ach. For the po'el is connected to the ko'ach, as above. And this is the aspect of what Rabbaynu, of blessed memory, wrote: that the essential emes is when one is not dependent upon others, as above. For our eyes see that most people are dependent upon others, for they are sustained from each other, and each one needs the good of his fellow. Since he needs something from his fellow, he is in the category of dependent upon others, as is understood there in the aforementioned Torah-teaching. And if so, certainly almost the entire world is dependent upon others. But the essential thing is the aforementioned aspect — that is, to know that everything is connected to Him, blessed be He, and literally nullified before Him, blessed be He. And whatever one receives from his fellow, everything is received from Him, blessed be He, literally, as above. And then one is certainly not dependent upon others, even though one receives from them, as above — since one knows this with clear and pure knowledge. And this is the aspect of emes, for this is the essential emes — when one knows that the po'el is connected to the ko'ach, and everything is one (kola chad), and there is nothing without Him, blessed be He, as above. Only when everything is one — then specifically one merits emes. For the essential emes is only in the aspect of "everything is one," as above — that is, when one connects and raises the po'el to the ko'ach, as above. (But when one separates, Heaven forbid, the po'el from the ko'ach — from this is the essential hold of falsehood, as above, and as is well explained in the Torah-teaching "Amar Rabbi Akiva — k'she'tagi'u l'avnei shayish tahor al tomru: mayim mayim" [Lesson 51]; see there well. For the essential emes is only when one connects the post-Creation to the pre-Creation, which is all one; see there well.) It emerges that the essential emes is when one is not dependent upon others — that is, when one knows that there is no creation in the world at all — everything is nothingness before Him — and the post-Creation is like the pre-Creation. For the po'el is connected to the ko'ach, as above. And then it is the aspect of emes, for this is the essential emes — when one knows that everything is one, as above. For as long as one does not know this, the emes is not in its fullness. For the essential emes is only in the aspect of "entirely one," as above — that is, when one connects and raises the po'el to the ko'ach, as above. And then specifically one can bring from ko'ach into po'el. For it is not possible for us to bring from ko'ach into po'el except when we first raise the po'el to the ko'ach, as above. This is the aspect of emes — the aspect of not being dependent upon others, as above. And then specifically one can bring from ko'ach into po'el, as above. Therefore the gift has no validity except through kinyan sudar — which is acquired through garments. For the garments allude to the aspect of the po'el, which is the aspect of the generality of the worlds, which are the aspect of His garments, blessed be He, as is known. And this is the aspect of the yud of the Sheim HaKinui, which is the aspect of the po'el, as explained there. For the Sheim HaKinui — that is, the Name Adni — is the aspect of the garment and sheath for the Name Havayah, blessed be He. It is the aspect of Malchus, the aspect of the po'el, the aspect of the generality of the worlds that are the aspect of garments to Him, blessed be He, as is known. And this is the aspect of kinyan sudar — acquiring through garments. For in this we allude that the po'el is included within the ko'ach, through which comes the essential validity of the transaction and the gift, as above. For it is impossible for a thing to pass from one domain to another except through this aspect, as above. Also, the emes must be strengthened so that there be no retraction — that he not go back on his word. And the essential emes is through this aspect — through the po'el being included within the ko'ach, as above. And this is the aspect of kinyan sudar: the giver is the aspect of ko'ach, and the receiver is the aspect of po'el. For ko'ach and po'el are the aspects of giver and receiver, as is known. Therefore through the giver receiving the corner of the garment of the receiver — in this he alludes that the po'el is included within the ko'ach. And the essential thing is through the garments, which are the aspect of the po'el, as above. Therefore through them specifically we allude that the po'el is included within the ko'ach, as above. And then specifically the thing is brought from ko'ach into po'el afresh, as above. Then it passes from one domain to another, and then the transaction has validity in truth, without retraction, as above. And this is also the aspect of kinyan sudar in all acquisitions. For every person who conveys something to his fellow — even in a sale — is the aspect of the giver, the aspect of ko'ach. And his fellow is the aspect of the receiver. Therefore the acquisition is made through kinyan sudar, through which the po'el is included within the ko'ach, as above. For it is impossible to bring from ko'ach into po'el except when one first raises and connects the po'el to the ko'ach, as above. Therefore it is impossible for the gift or the sale to pass from the giver to the receiver — which is the aspect of emerging from ko'ach into po'el — except when it first ascends from below to above, from the po'el to the ko'ach. This is the aspect of kinyan sudar — acquiring through garments specifically, as above. And this is the aspect of tzitzis: at the beginning of the day, when we wish to enter into prayer — in order to bring from ko'ach into po'el, as above — and we need first to raise from below to above, to connect the po'el to the ko'ach, we engage immediately at first with the mitzvah of tzitzis, whose mitzvah is through the garments. For through the rectification of the garments specifically — through the mitzvah of tzitzis — through this specifically one raises the po'el, which is the aspect of the generality of the worlds, the aspect of garments, as above — to the ko'ach, as above. It emerges that the essential validity of the gift specifically is through first connecting the po'el to the ko'ach, in the aspect of "the end of action is in the initial thought," as above — which is accomplished through kinyan sudar, as above. Therefore matanas sh'chiv mayra [the gift of a deathbed person] does not require a kinyan. For matanas sh'chiv mayra takes effect after death, and then at the time of the histalkus the two spirits are bound together — the ru'ach of above and the ru'ach of below, which are the aspects of ko'ach and po'el. It emerges that then the po'el is included within the ko'ach. Therefore then the gift is acquired by the recipient without any kinyan. For it passes of its own accord from one domain to another through mere speech, since now the po'el and the ko'ach are bound together — through which comes the essential validity of the gift — through the po'el ascending and becoming connected to its root, and then the gift returns and emerges from ko'ach into po'el. Now this happens of its own accord. Therefore no kinyan is needed. And also, kinyan is of no avail at all for a matanas sh'chiv mayra — for there is no kinyan after death. For the kinyan is connecting the po'el to the ko'ach, and this is the aspect of a person's essential service in this world, as above. And this a person can only do during his lifetime, when he has the power to connect the po'el to the ko'ach — which is the essential of his service, as above. But after the histalkus, a person has no power to do this, for "today to do them" — and not tomorrow. Therefore there is no kinyan after death, for it is no longer possible afterward to raise and connect the aspect of the po'el to the ko'ach — which is the aspect of kinyan sudar. For this a person can do only during his lifetime — for this is the generality of his service, as above. Therefore the matanas sh'chiv mayra — he can only convey the gift without kinyan specifically. Rather, at the time of his histalkus he conveys the gift. For then the ru'ach of below ascends and is included within the ru'ach of above — which is the aspect of the po'el ascending to the ko'ach. And then the gift is acquired and passes from ko'ach into po'el, from the giver to the receiver, as above. Baruch Hashem l'olam, Amein v'Amein. It is found in the Sefer HaAlef-Beis (Letter Alef, Emes, #48): One who was a liar in a previous gilgul [incarnation] — when he is reincarnated he is left-handed (itair yad). See the aforementioned Torah-teaching "Vihi na pi shnayim," and you will understand the matter somewhat. For the right hand and left hand are ko'ach and po'el, and it is impossible to bring from ko'ach into po'el except through emes. Therefore when one is a liar, etc. — he cannot bring from ko'ach into po'el. And before one brings from ko'ach into po'el, the ko'ach and the po'el are bound together and one cannot distinguish between right and left. Therefore when he is reincarnated he is left-handed — which is the aspect of there being no distinction between right and left; see there, where the matter of being left-handed is explained; see there well. Also, according to the above — that one must first raise the po'el to the ko'ach, and this too depends on emes, as above — one who is a liar cannot connect the po'el to the ko'ach. Therefore he becomes left-handed. For he remains in the aspect of the left, which is the aspect of the po'el — since he did not raise the po'el to the ko'ach.

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