Sefer Hamitzvot Hayom 1 Affirmative Mitzvot

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The Sefer Hamitzvot Ha’Yom:
Part 1. “And you shall live among them”
Mitzvot Asi’ot

A Commentary on the Sefer Hamitzvot Ha’qatzar
by Rabbi Israel Meir Kagan, “Chafetz Chaim”,
of sainted, blessed, and righteous memory

With a New English Interpretation of the Hebrew
& An Original Commentary on the Mitzvot today
applicable according to the opinion of the
Chafetz Chaim

By Rabbi Arie Chark

JURIS DICTION PRESS
© 2004 Rabbi Arie Chark

And you shall live among them mdA eige
Introduction `FAn

Liberals do not do enough mitzvot.
This little book is a commentary on another little
book, the last book written by R’ Israel Meir Kagan,
a giant of Torah scholarship and very possibly the
greatest single rabbi of the 20th century.
R’ Kagan is most-oft called “Chafetz Chaim”
after the title of his most enduring book. His last
book, written in 1933 before he died, is a small
work: the Sefer Hamitzvot Ha’qatzar “Concise
Book of Mitzvot” (SHQ).
The Chafetz Chaim saw Polish Jewry changing.
Even his Orthodox constituency was modernising.
He wrote SHQ to keep his followers committed. He
chose mitzvot to cover based on two factors:
1. The mitzvot were listed in the Sefer Hamitzvot
of Rambam
2. The mitzvot were applicable today. Rambam’s
list was eternal.
Put another way, Chafetz Chaim was concerned
with relevance. Respect for elders; paying your
workers on time; helping people in need; these are
always relevant. These mitzvot form the backbone
of SHQ.

Introduction `FAn

Shabbat observance, nida, holy observances –
these also form a core within the SHQ. You may be
critical of this. What is your resistance about? Is
this an issue of practicality?
I would say not. Liberals need to become adept
at spiritual consideration. This little book is a place
to start.
The Sefer Hamitzvot Hayom “Modern Book of
Mitzvot” is written as a commentary. Chafetz
Chaim has done all the work. I am merely
commenting on his monumental erudition. My
comments reflect a liberal perspective and
challenge liberal Jews to practice mitzvot with
intent.
I believe you may take what you like and leave
the rest behind. Observance is a continuum and woe
betide the Jewish religious leader who thinks
otherwise.
Rabbi Arie Chark
Ottawa, Ontario
Monday, December 28, 2009
r"yz ,zaha `"i ,ipy mei


1. Not to believe in God,
1. It is imperative to only that God Exists.
believe God Exists. Sh 2. This restates the
20, 2 Shma: God as I
understand God is not the
2. It is imperative to chief god, such as Zeus or
Odin; neither is God
accept the indivisible
manifest in tangible reality
unity of God; as a human being; nor
furthermore, to believe does God rely on a duality
with complete faith that in which goodness is God
God Is One, without any and evil is some other
partner or associate. Dv force, such as Satan or
6, 4 Lucifer or Ahriman. Most
certainly God Does not rely
3. It is imperative to on me — as we see in the
brakhot elsewhere
love God ver 6, 5
described
X

3. God is a noun in English; in Ivrit a verb; but I teach
my students that God is an abbreviation: G"O"D. Why
wouldn't you believe in G"O"D? Surely you crave Good
Orderly Direction no less than anyone else? Or Getting
Over Depression. I have also heard Grow Or Die.

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4. The Ivrit root “to fear”
also animates the verbs “to
4. It is imperative to see” and “to revere”; it also
be in awe of God. Dv 6, names “awe” and
13 “reverence”. Fear is often
mistaken for reverence.
5. It is imperative to Knowing the difference
biblically perform Godly basically defines the
Acts. Vy 22, 32 distinction between the
6. It is imperative to religious and the spiritual.
walk on the Sacred The truly spiritual know
Highway to the best of fear is an abbreviation –
your ability. Dv 28, 9 of Face Everything And
his grammatical proof is Recover.
near the end of he article, 5. And if you do not
page 724.) believe in God? Behave as
if you do. The religious
know. The spiritual behave.
X

6. The Sacred Highway is translated in the SHQ as “the
ways of the blessed God”. Not precisely: who is the
source of blessing, us or God? Jacob Emden
(1697-1776), one of the great rabbis of Ashkenaz,
proved in his grammar that “Barukh” jExA is a noun
naming God,not a verbal adjective describing God.
(See EJ 6:721-24; the discussion

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7. To pray is to speak to
7. It is imperative to God. To meditate is to
listen to God. To confess is
pray daily and seek God’s
to pray and meditate.
Blessing. Dv 7, 13 Confess now.
8. It is imperative to
connect tefilin to your 8. Why the hand? The
hand is the only part of the
hand. Dv 7, 8 body which can link what
9. It is imperative to is above to what is below:
rest tefilin upon your It extends from above the
head. Dv 7, 8 head to below the belt.
What if one is not
religious? This question will
apply often to the mitzvot.
Tefilin is a spiritual tool. It
may be used religiously. It
most often is, but need not
be, and so for all other
X spiritual tools.
9. Why the head? So the head may see the feet. This
tefila has two long straps which hang down on either
side of the trunk. It tangibly links the sefirot of keter,
tiferet, yesod and malkhut. These are the four medial
sefirot. The Adam Qadmon has keter as the head and
malkhut as the feet. As for the hand tefila? It points to
the heart. When extended upward it merges tiferet (in
which the heart is located) with bina and hochma and
extends into keter. See Part 3 Asafa: Sefirot.

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10. It is imperative to 10. It is a pious act to
make tzitzit for the wear a four cornered
corners of garments. Bm garment so as to attach
15, 35 tzitzit. One does not
11. It is imperative to normally wear a four
cornered garment today.
recite qriat shma morning
The pious go out of their
and evening. Dv 6, 7 way to to wear one. I do.
12. It is imperative to Many now also include the
attach mezuza to the tekhélet thread. I do. This
portals of your house. Dv is praiseworthy. Mordechai
6, 9 wore tekhélet as he left the
presence of King
X
Ahash’verosh; how much
more so should we wear it in the presence of our
employers? Tekhélet fell into disuse when Gamaliel VI
was deposed as Nasi. I admire the efforts of Ptil
Tekhélet to teach us how to tie tzitzit with tekhélet, etc.,
but the kashrut of tekhélet is compromised by animal
cruelty and does not meet my definition of greenkosher
to permit its use. Any colourfast blue thread is fine. Our
brothers and sisters among the Qaraites also wear
tekhélet; for them a simple blue thread suffices, as it
should for us.
11. And if you’re are not religious? Shma is not
about religion – it is about listening, for shma means
"listen". Religion is about doing – do this, do that.
12. The mezuza is a parchment on which is written
the first two paragraphs of Shma. We already see our
houses; how many of us hear them? There is much to
hear in a house. How many times have you heard
someone say “If only these walls could talk”? They can.

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But can you listen? Can you hear your child crying him- or
herself to sleep at night? Can you hear your spouse storing
his or her resentment for a matter you think is trivial? Can you
hear the fear in your pet when you distractedly brush past
without thought to its needs for affection? The Rebbe
Elimelekh of Lizhensk did t’shuva with every member of his
household on erev Shabbat because could hear his walls.
13. It is imperative to receive blessing from God for
our sustenance at mealtimes. Dv 8, 10
14. It is imperative to teach Torah and to learn it. Dv
6, 7 13. And if you are not
15. It is imperative to religious? This is about
ensure that every Jew mindfulness and
writes for themselves a gratitude, not religion. Is
sefer Torah. Dv 31, 19 eating about religion? Is
satisfaction? Blessing?
Perhaps. Rather, I think it
is about connecting to
what is beyond yourself,
to Good Orderly
Direction.
14. The Torah is the
foundational culture of
X
western civilisation. Jews
belie that identity when ignorant of Torah. This is not
Ignorance of religion. A young rabbi knew an elder
whose library was filled with learned Jewish books and
was scarcely observant. R’ Riskin could not understand
how the owner of such a wonderful library could be not
observant. "Rabbi", he replied, "I am an epikoros, not
an ignoramus." An epikoros is a free-thinker. We need
more free-thinkers and fewer ignoramuses.

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15. A supremely religious act? Only if "Love your neighbour
as yourself" is a religious act. "Love your neighbour as
yourself" the entire Torah, according to our sage Hillel, and
the rest is commentary. Go learn the commentary.

16. It is imperative to cleave to the Sages and their
disciples. Dv 10, 20
17. It is imperative to 16. Rabban Gamaliel
value seniority; one must taught: Provide yourself
arise before the aged, and with a teacher, avoid
also the learned elder. Vy uncertainty, and do not
estimate your obligations
19, 32
X
in assisting society. And
Hillel: If I am not for me, who will be? Yet if I care only
for me, what am I? If not now, when? Avtal’yon:
“Sages! Be cautious with your words! You may be liable
to banishment...” for heresy may follow. Find teachers
with eternal, positive, Jewish and life-affirming values;
and use the brain God Gave you to think for yourself.
See PA 1:11, 14, 16. This is simply respectful. Nor is it
confined to Torah scholars, rabbis, etc. Were this so
there would be not be discrete brakhot for Torah
scholars, general scholars, not to mention monarchs,
presidents of nations, and such. Note that the mitzva
does not assert we say a brakha,merely that we stand
in the presence of these people. Chafetz Chaim
combines respect for elders with respect for religious
leaders; this is the approved conduct recommended
also in Pirqé Avot –Rebbe Meir taught: "Do not look at
the flask but what it contains". See PA 4:27, compare
with 4:25, 26.

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18. It being so I do not
understand why the
18. It is imperative to Gemara on Masekhta
revere holy places. Vy Brakhot is far less studied
19, 30 than Talmud Naziqin nor
19. It is imperative to why Hullin is the basis of
Kashrut instead of the
sanctify Shabbat in all
remark in Br "For you this
that we do. Sh 20, 8 shall be food" (Br 1, 29).
Nor do I regard any
synagogue as sanctified.
Impressive. Inspirational.
X
But not holy.
19. A supremely religious act! Yet I often wonder: How?
Is visiting friends religious? Refraining from mundane
acts? Perhaps synagogue attendance is "religious".
Shabbat is much more the synagogue attendance. The
SHQ translates this in English as "Declare the Sabbath
holy, with words". It was the custom of Ramban to
declare each day before Shabbat, i.e., "today is the first
day before Shabbat on Sunday; today is the second
day on Monday, etc. Chafetz Chaim makes plain his
meaning when he goes on to say that we sanctify the
arrival of Sh with Qidush, we sanctify the departure with
Havdala; to this I would add that we add-on to the Birkat
Hamazon, and some have the custom of saying grace
before dessert in order to make more blessings, for we
then make separate Brakhot on the dessert foods and
say the corresponding Brakha ahrona over each one.

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Yet there is more to this; the verb devar means also; thing
thus one must sanctify Shabbat in actions as well as words. It
was the habit of Elimelekh of Lizhensk, one of the lights of the
second Hasidic generation, to seek his entire household every
erev Shabbat and beg their forgiveness for whatever sins he
had inflicted on them. This is the essence of sanctifying
Shabbat in all that we do.
20. It is imperative to cease work on Shabbat. Sh 23,
12
21. It is imperative to be joyful on festivals. Dv 16,
14
22. It is 20. I have reversed the order of this
imperative to mitzva with the last. It seems to me
cease using more orderly to that we first deal
hametz on the with the delights of Shabbat before
the rituals. Sanctify Shabbat with
14th day of words (dvarim, which also means
Nisan. Sh 12, 16 “things”)? Perhaps I have not really
23. It is reversed anything; the delights of
imperative to eat Shabbat are words – song lyrics,
matza at the conversation,laughter – yes, but
Passover seder. also considerable things such as
Sh 12, 18 rest, rejuvenation, personal
24. It is learning, time with friends. The
same root for Shabbat gives us
imperative to to
also yoshev, yishuv, yeshiva, etc.
retell our –situate, settle, college. Clearly,
departure from rest is more than cessation of work,
Egypt at the it is a settlement of the mind, the
Passover seder. spirit, the body, and the soul.
Sh 13, 8 Shabbat is fundamental to the
well-being of the entire person.

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21. Pesah, Shavuot, and Sukkot. The other festive
times? Chanuka, Purim, and Lag B’omér are all festive
but not festivals for they were innovations of either the
Macabees (Chanuka) or the Sages (Lag B’omér). Purim
describes events in a foreign country (Persia) so even
though it is based on the Tenakh (Megillat Ester) it is
merely like a festival, but is not a festival. Because it is
like a festival the Sages mandate a festive meal, the
"Purim seuda".
22. ung is a clever word-play. It is mg (hot) and uin
(essence). Read backwards? gnv (growth). Pesah is a
planned annual attempt to discard the intense pressure
we put on ourselves. We need to reverse course and
simply grow. And the more urban we become the more
essential it is we attend to these agricultural
perspectives; this reality grounds our Jewish past and is
essential to our Jewish present.
23. Three pieces of matza are used at the seder. The
plural of matza is matzot, and this is the same as the
plural mitzvot – only the pronunciation differs.
24. Egypt in Hebrew is Mitzra'im. This literally means
"between extremes" but also "the essence (mitz) of
evils (ra'im)." The yetzirat Mitzraim (Exodus) story is a
universal story of overcoming the stark difficulties which
often confront us. It is imperative to to retell our
departure from Egypt at the Passover seders. The
mitzva is actually worded "on the eve of 15th Nisan". It
is only a mitzva at the First Seder. Halakha mandates
the observance of two festive days outside Israel. The
retelling of our history is imperative on both days. There
are those who reject the second day; we will discuss
this more fully below, so I will confine my thoughts to

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Passover alone. Many are now accustomed to a women’s
seder and I believe the second day is an ideal time for such
commemoration. There are also other alternative observances
which may suggest a third or even a fourth seder, and why
not? The final two days are also festive days on the Jewish
calendar. I see no reason why they cannot mark an
observance, even if it be seen as "politically correct" by some.
Political correctness is essential, temporarily, to redress
previous political incorrectness. Tradition is the memory of a
community, and woe betide the community which remembers
everything, for then it accomplishes nothing.
25. It is imperative to cease work on the first day of
Passover. Vy 23, 7
26. It is imperative: count 49 days from the day the
omér was brought 25. The three Festivals are all like
to the Temple. Vy Shabbat with respect to work.
23, 15 These comments on Pesah apply
equally to Shavuot and Sukkot.
Rest is a religious obligation. More
so is it essential to the personal
dramas of daily life. These dramas
are essential to Pesah, to Shavuot, and to Sukkot. Our
Festivals are each, in their own way, about food
security, about having our basic needs for nutrition and
sustenance met. Rest is also a metaphor. Rest is the
pause in our personal story – a comma, a semi-colon, a
period. Work also stops on the second day of each of
the Three Festivals observed outside Israel; Reform
and Reconstructionist trends deny the validity of the
second day and they are very much mistaken in this
attitude. The assertion that there is no historical reason
for the second day since the the calendar intercalation
almost 1600 years ago is correct; but these trends fail

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to consider that the second day can be modernised: what
is to stop the observance of a civic memory in these
religious contexts? Victoria Day in Canada or U.S.
Memorial Day are close to Shavuot; Canada’s
Thanksgiving Day is very close to Shavuot. Should not
the efforts of a great hero like Martin Luther King uniquely
qualify for commemoration during Passover (or Shavuot,
which given the dietary restrictions of Passover might be
more practical)? The second day of Sukkot is an excellent
opportunity to commemorate the Fair Trade movement or
acknowledge the concept of greenkosher. Reform, with its
singular attachment to social actions and ethics, should
lead the charge in this matter.
26. A collection of seven days is shavu'a. A collection of
seven weeks is shavu'ot. The omer was brought from the
second day of Passover,and links the Passover and
Shavuot festivals; essentially, it is a single agricultural
festival representing first planting (Passover) and first
reaping (Shavuot). In modern times a spiritual practice
has evolved wherein the daily counting of the omer is
linked to the seven emotional mystical concepts called
“sefirot”. The spirituality of emotion? It is linked to the
spirituality of the land. In our largely urban age the
relationship of anger, jealousy, sadness, love, and other
emotional attributes to our separation from the land
cannot be ignored. The Torah observances are also
linked. Passover marks our Independence Day, Shavuot
marks the day we received our Constitution. The Torah
text plainly mandates counting from the Shabbat of
Pesah. Samaritans and Qaraites both count 50 days from
the Shabbat after Passover; there is thus a fixed day of
observance for Shavuot in these traditions – Sunday – but
no fixed date. The Rabbinic innovation (it must be seen
this way, since the plain meaning of the text is apparent)
created a fixed date, Sivan 6.

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27. Passover and Sukkot
are each seven days. The
27. It is imperative seventh day is the same as the
to cease work on the first with respect to work.
the day of Passover. 28. Shavuot is unique
among the Festivals because it
Vy 23, 8
is a single day.
28. It is imperative 29. Rosh Hashana marks
to cease work on the another 50 day period. It is 50
first day of Shavuot. days after Tish B'Av (9th Av),
Vy 23, 21 the only major fast day in the
Jewish calendar other than
29. It is imperative Yom Kippur, and like Yom
to cease work on the Kippur it is kept for 25 hours.
first day of Tishré, 30. What is a shofar? What
which is Rosh is a shofar's sound? A shofar is
Hashana. Vy 23, 24 the horn of any kosher animal,
most commonly a ram but the
30. It is imperative
horns of cows, sheep, and
to hear the shofar on other kosher animals are all
the first day of Rosh acceptable. A shofar is a
Hashana. Bm 29, 1 tangible, natural connection to
31. It is imperative the land. Its sound? A single
to cease work on tone. What does it sound like?
It sounds like the voice of
Yom Ha’kipurim. Vy Heaven. Even those not moved
23, 32 by religion fail to be moved by
X

the sound of the shofar.
31. Rabbi Joseph Dov Soloveitchik, ORBM, was
particular to use the designation Yom Ha’kipurim, not
“Yom Kippur”. He felt that it was indeed a day (“Yom”)
like (“ki-”) a lottery (“purim”).

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32. It is imperative to fast on Yom Ha’kipurim. Vy
22, 27
33. It is imperative 32. This is the only Holy Day
to repent! Sinners! which is a fast. Yet this is not
Turn back from sin; clear from the Torah text,
which states "afflict your souls"
confess before God.
but does not state in what
Bm 5, 6-7 manner to do so. Whether
Jewish, Samaritan or Qaraite,
the universal understanding is
X
to fast.
33. Who is a sinner? One who scoffs at God. This is
not as the person who rejects God. We are taught in
Talmud Brakhot "All is in the hands of Heaven but for
belief in the hands of Heaven". Scoffing is not rejection.
It is malice. Some equate sin with crime. This confuses
the barn with the cow. If more people avoided sin crime
would be almost redundant. It always astounds me: The
first words on waking up each morning are... Modeh
ani lefanekha... Most assume the first word is modeh
"grateful" (from todah, gratitude); in fact, it is m'vahdeh
(from hit'vahdeh, personal confession). See YD 338:1,
where it clear that Mehaber is not suggesting gratitude
(!) over an impending death. And so in this short prayer.
Gratitude is also an appropriate feeling. There is thus a
strong connection between gratitude and confession,
well beyond the scope of our comments here, but
nevertheless worth exploring very briefly. Appropriate
confession is a type of meditation which focuses me on
overcoming my personal and inter-personal limitations;
this, in turn, is a reason for gratitude, for should I not be
grateful I am ever able to achieve and improve?

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34. It is imperative to rest from work the first day of
Sukkot. Vy 23, 35
34. And so for our other
settle in a sukkah during
holy days. Even though I
the seven days of believe the second days
Sukkot.. Vy 23, 42 have value, I question if
36. It is imperative to they should be treated as
wave the arba minim the first day with respect to
during Sukkot. Vy 23, 40 work.
35. The spirituality of a sukkah? It is physically
insecure. It has no foundation. It encourages spiritual
reliance. It is imperative to settle in a sukkah during the
seven days of Sukkot. What means "settle?" Many
interpret it to mean actually dwell in the sukkah. This
works for Vancouver, Los Angeles or Miami but not
often for Montreal, Winnipeg or Boston, especially if
Sukkot is in October. I can personally attest that living in
a sukkah in Montreal in October can result in
pneumonia. One fulfills the mitzva merely by eating a
meal in the hut. If it is unseasonably cold, I suggest
sitting in the hut long enough to make a Brakha on fruit,
eat it, and then a Brakha ahrona; then eat the main
meal, with appropriate Brakhot, indoors.
36. The four species of lulav, hadass, arava and
etrog represent the human organs: the spine, eyes,
mouth and heart — these are understanding,
steadfastness, wisdom, and confession. This midrashic
hypostasis informs us that we sanctify by being
sanctified.
X

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37. It is imperative to cease work on Shmini Atzeret.
Vy 23, 36
37. This holy day fascinates: it is a festival but is not
among the Shalosh Regalim, the only such holy day,
and unique again:it immediately follows another holy
day. Shavu’ot is separated from Pesah by 50 days and
Sukkot is separated from Shavu’ot by 127 days; there is
no separation from Sukkot to Shmini Atzeret. Two or
three days in a row (the final day of Sukkot and Shmini
Atzeret, which is two days hutz le’aretz) are
non-working days. Shmini Atzeret is a liturgical festival
for agriculture and for Torah — we pray for rain and we
also begin reading the Torah from Bréshit. The cycle for
agriculture concludes with the prayer for rain (which is
the last thing we want while gathering the harvest) and
the cycle for Torah concludes with the Ve’zot Ha’Brakha
in Dvarim. Rabbi Shefa Gold has a wonderful insight:
Moshe Rabénu’s grave is unknown and “the message
becomes, Don’t look to Moses, it is not really about him:
The Torah is about YOU.” This insight applies to the
harvest also: Don’t look to where you plant, look to
where you grow. Rosh Ha’Shana, Yom Ha’kipurim,
Sukkot are all about planting. Shmini Atzeret is about
growing.
38. Tzedaqa is not charity: a mitzva is an obligation
and tzedaqa is a mitzva; charity is voluntary. Rambam
organised eight levels of tzedaqa: [a] Giving
begrudgingly without joy; [b] Giving cheerfully, but less
than one can afford or do; [c] Giving only when one
directly asks; [d] Giving without request directly to the
recipient: both know from where the help came; [e]
Giving without knowing who has received the benefit:

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38. The recipient knows the donor but the donor does not
know the recipient’s identity; [f] Giving anonymously: The
donor knows the beneficiary but the recipient does not the
donor’s identity; [g] Giving in such a way that neither donor
nor recipient know each other; [h] Preventing poverty.
39. Have you done
everything you said you
38. It is imperative to would? I always say
provide tzedaqa to the something like “I will do
that, bli neder”. In work
Jewish poor. Dv 26, 8
situations where such
39. It is imperative to language would be
stand by your word and inappropriate? “I can
fulfil your promises and probably accomplish it by...
vows. Dv 23, 24. but can’t promise a due
40. It is imperative to date at the moment.” In
provide religious and such situations much
spiritual direction in depends on the urgency
nullifying promises and attached to the project by
your supervisor.
vows. Bm 30, 3 40. No amount of legal
intervention will nullify a
vow, oath, or promise
unless the party to whom you are obligated releases
you of your promise. This requires spiritual direction.
Two advanced, spiritual people will both approach the
Bet Din: one to seek release, the other to testify that the
release has been granted; the court will then merely
provide a remedial solution. It becomes more complex if
one of the parties is uncooperative or has died. In such
circumstances it is the Bet Din which provides the
spiritual direction. Release from vows, oaths, or
promises is never just a legal, administrative matter.

19


41. This mitzva must
surely challenge some! A
respect your father and fundamental reason for
mother. Sh 20, 12 spiritual direction is to
42. It is imperative to intuitively know how to
revere your mother and handle situations which
father. Vy 19, 3 used to baffle us; surely
43. It is imperative to respecting one not worthy
marry and procreate. Br of respect follows from this
1, 28 new-found skill? It is not a
mitzva to love or like your
parents.
42. This mitzva must surely add to the challenge of
some; yet I note that is follows the mitzva of respect. It
seems to me that the respect which flows from spiritual
direction might soon become an innate understanding
that a deeply flawed parent influenced your effects of
character no less than any other part of you; that is
worthy of reverence.
43. The mitzva is procreation, not marriage, this
concept being absent from the pasuq. Some cannot
and others will not conceive; are we to condemn them
as sinners? Yet another challenge. There may be very
different attitudes to sex between the spouses. It is
imperative, rather, that two people who mutually respect
each other attain joy through this most intimate of acts
and never let it become a weapon.

20


to marry by way of 44. This is the sacral act of
qidushin. Dv 24, 1 marriage; the municipal act is
45. It is imperative nesu’in and involves the
negotiation of the ketuba. Thus
to marry the widow
the ketuba’s final clause, which
of your brother if the establishes the marriage as an
marriage was act according to the law of
childless. Dv 25, 5 Moses (qidushin) and Israel
46. It is imperative (nesu’in). This imperative does
to perform halitza not limit the possibility of “civil
with the yevama. Dv union” as opposed to marriage
25, 7-9 in civil law.
45. The Rabanut in Israel have issued taqanot against
the procedure of Levirate Marriage.
46. This is required by the taqanot of the Rabanut and
the yevama may be jailed for not complying.
47. This is so unless the son is, God Forbid, jaundiced
or unwell. In such instances the circumcision is
postponed until the child is well enough to undergo the
procedure. We must also be sensitive to the needs of
blended faith families who enquire if circumcision is
correct or appropriate. It is always so if the child will be
raised in affiliation, even if not Jewish al pi halakha.

21


48. The proper rendering of
47. It is imperative game or livestock requires
to circumcise baby sensitivity to animal welfare
boys on the eight day and the imposition of
after they are born. supervision to ensure animal
Br 17, 12 welfare occurs. The animal
48. It is imperative may not be stunned prior to
to properly render slaughter. Neither may fowl be
livestock, game, or gassed prior to slaughter. The
shokhet says a brakha prior to
fowl, if you wish to
rendering, from which the
consume meat. Dv popular imagination assumes
12, 21 that Kosher meat is “blessed”
49. It is imperative as opposed to slaughtered in
to cover the blood of accordance with the zoning
regulations imposed by
the slaughtered rabbinic convention.
animal. Vy 17, 13 49. It is more imperative to
ensure the welfare of the
livestock prior to rendering.

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honour the Kohén. Vy 21, honour leaders; these need
8 not be Kohanim.
51. How is one to do this
provide the Kohén with in an urbanised society
the foreleg, cheeks, and thoroughly removed from
maw of a Kosher animal. the land? Rather you
Dv 18, 3 should determine the
52. It is imperative to relative value of the
provide the Kohén with foreleg, cheeks and maw
the first shearing of the and the equivalent in cash
wool. Dv 18, 4 should be donated to
Mazon: A Jewish
Response to Hunger or a
consecrate a first born reputable food bank.
male if he is your first
child. Sh 13, 2
purchase warm bedding
X
and coats and donate them
to the nearest shelter.
53. Many now consecrate first born daughters. This
is to be encouraged.
54. Pidyon Ha’Ben does not apply to Levi’im, who
are members of a Tribe permanently in service to G!d;
the redemption fee is traditionally $5, payable to a
Kohén, who then donates it to tzedaqa. A similar ritual
for baby girls is encouraged.

23


54. It is 55. The donkey is a gentle
imperative to creature, suited for guard duty,
naturally aggressive with dogs;
ransom your first
Torah does not permit it, nor any
born male, if he is equine species, for livestock. See
your first child and EJ 3:16 (bottom). The donkey
born to a Jewish was not banned; if it must be
woman. Bm 18, 15 redeemed, it was obviously born
55. It is on a ranch subject to Torah law.
imperative to The lamb is also a gentle
redeem a first born creature; it must be guarded and
donkey for a lamb. is naturally shy of dogs.
Sh 34, 20 56. An unransomed donkey
56. It is puts kosher livestock in pasture
imperative to break at risk: Donkeys on grazing lands
tend to overeat, competing with
the neck of a
the sheep and cattle for food.
donkey not
redeemed. Sh 34, 57. This applies to bread and
cake made from the five species
20
of grain: barley, oats, rye, spelt,
57. It is and wheat. The modern custom
imperative to of burning the hala must be
separate hala by discouraged; in the majority of
pinching it away homes which purchase from a
X
bakery or supermarket, I suggest
that hala entails, instead, purchasing a non-perishable
for immediate donation to a food bank. As to bakers? I
suggest the separation of hala in your case be the
donation of 1% of your monthly output to soup kitchens
or similar missions.
58. It is imperative that Israel bless its
leadership,both paid and voluntary.

24


from the dough and offer it to a Kohén. Bm 15, 2
59. There is a mistaken
that Kohanim bless Israel.
impression that Kohanim
Vy 21, 2-3 may not enter a cemetery
59. It is imperative even to bury their close kin;
that Kohanim bury their untrue. Furthermore, it is
close kin. Vy 21, 2-3 unclear whether such ritual
60. It is imperative to even pertains,when no
love all Jews as you love Temple stands, and I
yourself. Vy 19, 18 advise you who are
Kohanim to make your own
decision in this matter.
60. This mitzva is not particular, as will be evident by
Mitzva 61 below. The love two Jews show for each
other is by its nature different because they share
cultural values – some language (even if not fluent),
gestures, religious traditions, and so on. While it is so
that most Jews by far are secular, they nevertheless
share much, though it is perhaps true that secular Jews
and religious Jews are separated by quite a chasm. It is
my own experience, having known both secular and
religious Judaisms, that secular Jews tend to do the
separating; religious Jews owe it to their secular friends,
neighbours, and relatives to merely be a stable
presence, a source of wisdom when necessary, but
never to preach or teach. No one likes a know-it-all.

25


X

61. It is imperative to love the gér. Dv 10, 19
62. It is imperative to lend money to poor Jews. Sh
22, 24
63. It is imperative to return a pledged item back to
its owner when required. Dv 24, 13
61. The translator of SHQ into English lists “stranger”
,“convert” and “proselyte” as three ways of expressing gér.
We will leave the last aside, for it is used primarily in Christian
theology, though it seems close in meaning to how Torah
uses gér; see the Catholic Encyclopedia website. Both
“stranger” and “convert”” apply to gér. In Torah one could live
among Israel but not be of it – a gér toshev “resident alien”.
One who accepted Torah and joined the People Israel, not
merely one who lived among them, was called gér tzedeq
“righteous convert”. In our time, when so many of all creeds
are actually of none, it is honourable to treat all who are not of
Judaism as in Israel. Interfaith and multicultural activities,
ministry to blended faith couples, extending the obligation of
tzedaqa to those who are not Jewish, all these are appropriate
expressions of loving the gér.
62. Chafetz Chaim suggests one is more obligated to
this mitzva than to tzedaqa. The mitzva is great if the
recipient will be able to start a business, or learn skills
for business or vocation. The mitzva is greater still if
you can provide the recipient also with business
acumen, or assist in the preparation of a business plan,
and so forth.
63. This includes tools or anything required for an
individual to make a living. This mitzva would put the
modern pawnbroker out of business and well it should,
and so also for the so-called pay-day loan industry.

26


release debts in the 64. This is a spiritual
obligation; by the taqana of
shmitta year. Dv 15, 2 Hillel Ha’Zaqén called
65. It is imperative to prozbul a loan due in the
permit farm laborers to shmitta year remains
eat of the produce the payable.
pick. Dv 23, 25 65. But a labourer is
66. It is imperative to prohibited to eat produce
provide a laborer his or while working in the fields.
her wage the same day it It must be consumed on a
is earned. Dv 24, 15 scheduled break from
labour or after the work is
completed, unless the
owner or the management
does not object to eating in
the field, but it must be
X
explicitly stated.
66. This does not mean you need pay for work not
performed; after the work is complete the rate is
payable immediately.
67. The mitzva is for Jewish judges to resolve such
disputes. Many think Jewish law cannot or does not
apply in modern commerce. It is a mitzva not only to
settle commercial disputes at a Bet Din but it is your
obligation as a citizen: you release the Bet Shofet to
resolve other disputes.

27


67. It is imperative to judge commercial disputes. Vy
25, 14
68. It is imperative to return that which has been
stolen. Vy 5, 23

69. It is imperative to return whatever has been lost
by a Jew. Dv 22, 1
68. The mitzva is for Jewish judges to resolve such
disputes. Many think Jewish law cannot or does not
apply in modern commerce. It is a mitzva not only to
settle commercial disputes at a Bet Din but it is your
obligation as a citizen: you release the Bet Shofet to
resolve other disputes.
69. The mitzva does not use “Ysraél”, which we
understand to mean “Jew”, it uses the word “brother”. I
refuse to believe Chafetz Chaim, who goes out of his
way to ensure that the mitzva of loving strangers is well
known, would for an instant counsel someone not to
return a lost item to someone who is not Jewish.
Chafetz Chaim was a merchant. He closed his financial
books monthly, and was known to close his spiritual
books the same way. We must not do less.
70. Whom do you know with a beast of burden? Better
you should await an opportunity to assist someone with
his or her groceries, or any similar burden, even a flat
tire or dead battery, especially if infirm or elderly or frail.
Even if you do not like this person, so long as he or she
is willing to accept your help.

28


70. It is imperative to assist in unloading the burden
under which a domestic animally struggles. Sh 23, 5
71. It is imperative to assist someone load the burden.
Dv 22, 4
72. It is imperative to rebuke a sinner. Vy 19, 17
71. Even if you do not like this person, so long as he
or she is willing to accept your help. We are obligated
to love, which is how we tangibly show our love for God.
We are not obligated to like people.
72. There is a skill to this not many possess. My
strongest suggestion is to ignore someone else’s sins
and concentrate on your own. The best rebuke you can
offer a sinner is your friendship and your leadership by
example. Actions speak louder than words.
73. As with commercial disputes; see above, 67. And
more so – it is easier to find the spirituality in a property
dispute, most especially in one which involves such
emotional and mental anguish. Of course, not everyone
wants a spiritual solution. That's why God Invented a
judicial system. Sahara is no less required here. But, in
my opinion, you are not obligated to judge, arbitrate, or
mediate in an atmosphere of tension or intimidation;
see especially HM 12, 13, 17, 22; more generally
Chapters 7-10, 26, 27.

29


73. It is imperative to judge inheritance property
disputes. Bm 27, 8.
74. It is imperative to send away from the nest. Dv
22, 7.
75. It is imperative to make a parapet and to remove
household hazards. Dv 22, 8
76. It is imperative to remember what Amaleq did Dv
25, 17
77. It is imperative to destroy Amaleq and its
descendants. Dv 25, 19

74. Have you ever tried to distract a bird from its
brood? If you value your personal safety, don’t try. This
mitzva is directed at human greed – the individual who
stumbles upon something she or her clearly believes
can be had for nothing. You can pay the Devil or you
can pay the Lord, but you have to pay somebody.
75. This is a classic zoning bylaw in any modern
town or city and a tangible example that mitzvot have
current applicability as “municipal law”, e.g., the law of
good governance.
76. They attacked from the rear.
77. We do not know who Amaleq is. It is less
important to identify Amaleq than to identify the
behaviours of Amaleq. Know what behaviours to avoid:
that destroys Amaleq’s descendants.

30


Thus the the mitzvot now applicable, enumerated as
77, which in the Holy Language is known to be
mda eige
“And by this they shall live”

Here is my commentary on the mitzvot enumerated by
Chafetz Chaim as now applicable. And the number 77 is
mdA dcEdi
A Jew among them

31

Sefer Hamitzvot Hayom 1 Affirmative Mitzvot

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Sefer Hamitzvot Hayom 1 Affirmative Mitzvot