English translation — פנחס א

A.

In the enumeration of the commandments at the beginning of Sefer HaYad

(and in this manner in his Sefer HaMitzvot)

the Rambam writes,

as the last positive commandment: to judge according to the laws of inheritance, as it is said¹

When a man dies and has no son.

It is known,

that the order in the Rambam is extremely precise².

And based on this it is understood,

that that which the Rambam is precise to conclude the commandments

(positive)

with the commandment of "inheritances",

is because³

the commandment is the conclusion and perfection of the matter of the commandments.

And just as the first commandment in the count of the commandments – "to know that there is a God, as it is said<sup>4</sup>

'I am the Lord your God'" – the reason for this is understood simply,

because this is the first and primary commandment of all the commandments that come after it,

and in the language of the Rambam at the beginning of the book "Yad": "The foundation of foundations and the pillar of wisdoms is to know etc.'"

(and as the Rambam is precise at the beginning of the count of the commandments: "The first commandment<sup>5</sup>

etc.'"),

In a similar way it is understood regarding the last commandment – to judge the laws of inheritance – that it comes specifically as the last commandment

(a positive commandment),

because it is the conclusion and completion of all the commandments.

2.

At first glance one could say the reason for this,

simply: since all the commandments in the Torah, their fulfillment is during the lifetime of a person,

but the commandment of "inheritances" is connected with the time after his lifetime,

therefore the Rambam places it at the conclusion and end of the commandments.

It is however understood,

that this is a great difficulty,

because there are several commandments that the Rambam enumerates earlier,

which are connected with

(the death of a person⁶,

and)

matters that come after^z

the death of a person.

is not a commandment incumbent upon the person himself

(and the like),

but a commandment upon the court<sup>ח</sup>

"to judge in the laws of inheritance"

(and as the Rambam explains in detail the order of inheritances in the laws

(in the book Yad)

itself)

– that is,

that the court should judge<sup>9</sup>

what should be the order of the inheritance of estates for the living heirs

(and one does not protect the testator)

– then there is no place to connect the order of the commandment

(placing it as last –)

with the death of the testator]<sup>10</sup>.

Also one needs to have an explanation: on the aforementioned commandment "to judge in the laws of inheritance",

the Rambam brings the verse

(as above)

"as it is said, When a man dies and has no son",

which seemingly does not lie in the words the content of the commandment<sup>11</sup>.

There are versions<sup>12</sup>

according to which the Rambam indeed copies words from the verse – "And you shall transfer his inheritance etc."

(and according to some versions<sup>יב</sup>

– he concludes

(also)

with the verse<sup>13</sup>

"And it shall be<sup>14</sup>..

a statute of judgment")<sup>15</sup>,

which the words contain the content of the commandment of inheritances,

Since however that in the printed editions of the Rambam that are widespread are brought only the words "A man when he dies and he has no son"<sup>16</sup>

– one must say,

that in them is expressed the content of the commandment "to judge the laws of inheritances".

so with bringing the first words of the parshah the Rambam means the entire continuation of the matters that are in the parshah

(as one finds in a similar way in other commandments by the Rambam<sup>17</sup>)

– however since all matters in Torah are precise to the utmost,

it is reasonable to say

(and especially since the Rambam does not add here the word "וגומר" to hint at the continuation of the parshah<sup>18</sup>),

that in the words themselves is expressed an essential matter in the matter of inheritances].

3.

And one can say,

that that which the Rambam concludes the counting of the commandments with "to judge the laws of inheritances",

is in the manner that one finds that the conclusion of

(the six orders of)

Mishnah<sup>19</sup>

is<sup>20</sup>

with the statement "The Holy One, blessed be He, is destined to bequeath to every righteous person etc. as it is said<sup>21</sup>

to bequeath to those who love me substance" – and as commentators explain<sup>22</sup>

the reason why the conclusion of the Mishnahs is specifically with this statement<sup>23</sup>,

because here it speaks about the completion of the reward of the work of Torah and commandments after it,

which comes after the completion and perfection of the study and observance of the Torah and its commandments; and the Mishnah is precise "The Holy One, blessed be He, is destined to bequeath",

because the reward

(which comes at the completion of the work of Torah and commandments),

is the "to bequeath".

And one can say that in this manner it is in our case – by the Rambam: He concludes with the commandment of inheritances,

because the conclusion and perfection of all commandments of the Torah is connected with the matter of inheritance,

as above.

D.

And one can say the explanation of all the above – with the introduction:

The section of inheritances stands in the Torah as a continuation to the matter of the inheritance and the division of the Land of Israel

(In connection with which the daughters of Tzelafchad argued²⁴

"Give us a possession among the brothers of our father,"

and upon this came the section "A man when he dies etc.").

One finds in this matter of the division of the land,

that in addition to the general matter of the inheritance of the land²⁵,

there were in particular three matters: a)

inheritance of the land,

the division in the manner of "To the many you shall increase his inheritance and to the few you shall diminish his inheritance"²⁶,

and c)

"But by lot shall he divide the land"²⁷.

That is,

that the connection of the Land of Israel to Jews is

(in particular)

in three ways²⁸

: a)

inheritance,

b)

b)

division according to reason and intellect

(to the many you shall increase etc.),

c)

division according to lot²⁹.

And one can say the reason for this

(Why these three matters are required)

: That which Jews received the Land of Israel as an inheritance,

was not merely a transfer and distribution of a land to Jews –

The Land of Israel is indeed "the inheritance of the Lord"³⁰,

"Always the eyes of the Lord your God are upon it from the beginning of the year to the end of the year"³¹,

therefore its giving to Jews is specifically in accordance with that which Jews are "the inheritance of the Lord"³²,

connected with the Most High,

and as the saying of our Sages of blessed memory^לג

"Said the Holy One, blessed be He: Let Israel, who have come to My portion, come and inherit the land that has come to My portion."

And consequently, the giving of the Land of Israel

(the inheritance of the Lord)

to Jews,

– reveals and is an expression of the Jews' connection with the Most High³⁴.

And therefore,

just as one finds,

that the bond of Jews with the Most High is in three ways – as one says³⁵

"Fortunate are we, how good is our portion and how pleasant is our lot and how beautiful is our inheritance" – in this manner is the giving of the Land of Israel to Jews in these three ways: portion,

lot and inheritance.

And since in the order of the three matters – portion, lot and inheritance – the last is "and how beautiful is our inheritance"

(ascent after ascent),

it is understood from this³⁶,

that inheritance contains in itself a deeper matter

(and advantage)

than the previous two.

And it requires explanation: a)

What is the explanation and distinction between the aspect of lot and inheritance as ways in the connection between Jews and the Most High³⁷

b)

How does the definition of inheritance generally fit –

(in the language of the verse)

"When a man dies" in relation to the connection between Jews and the Most High³⁸?

5.

And one could say – the difference between "our portion" and "our lot" is analogous to the difference between a sale and a gift:

A sale depends on the money and payment of the buyer³⁹

– that he pays for the thing sold; a gift comes from the good will of the giver of the gift

(without payment on the part of the recipient).

And in this manner it is also regarding the effluences and influences from the Most High to Jews,

that there exist in this the two modes⁴⁰

: a)

reward of the commandments etc.,

an effluence that comes through the service of man,

an arousal from below; b)

an effluence in His goodness, grace etc.,

an arousal from above on His own part.

And this is in general the difference between "chelkeinu" and "gurleinu":

"Chelkeinu" is the connection of Jews with the Supreme One that is done through the service of Jews

(in the manner of a sale)

; and "gurleinu" is the attachment of Jews with the Supreme One from the aspect of that which "He chose us from all the nations"⁴¹,

that the essence of the matter of choice – free choice – is when the chosen thing is selected not from the aspect of a reason and calculation,

because of the virtue of the chosen thing and the like,

but only because so is the will of the chooser.

And in this it is in the manner of

(the choice by)

the lot,

which is not according to a rational reason

(connected with the virtue of the thing upon which one casts a lot)

and the like – one relies entirely on the lot,

not knowing how it will fall out – and in the language of the verse⁴¹

"Into the lap the lot is cast, and from the Lord is all its judgment"

only with the difference,

that a gift has a point in common with a sale – for even though the gift comes from the will of the giver,

there is nevertheless a reason for the gift which is connected with the recipient,

and as the saying⁴³

"If not that it pleases him, he would not give him a gift"⁴⁴

; not so a lot has no connection to calculation and reason].

6.

In greater depth:

The concept of "our portion" is connected not only with the service of Jews,

but also with their very essence.

Because the

(soul of a)

Jew is called⁴⁵

"the portion of G-d, His people"⁴⁶,

and in the language of the Tanya⁴⁷

"and the second soul in Israel is truly a part of G-d above".

And it can be said that also regarding this quality of "our portion" there is an advantage in the matter of "lot":

That which is said about the soul of a Jew "a portion of G-d from above literally" – expresses the superiority

(and holiness)

in the existence of a Jew.

That one can say that therefore the Alter Rebbe connects the superiority of "a portion of G-d from above literally" with that which Jews are called "children to the Omnipresent,"

"Children are you to the L-rd your G-d"⁴⁸

– just as by a son in its simple sense,

whose connection to the father is a matter that relates to the existence of the son; it follows,

that also the matter of "our portion" is analogous to the matter of the purchaser which comes from the side of the buyer.

However, the matter of "our lot" – "He chose us" – is not the elevation in the "existence" of a Jew

it is still a limited superiority and holiness

(because it is the holiness which is connected with his existence)]

– rather this is the connection that comes entirely from the side of the Chooser⁴⁹

– the Holy One, blessed be He

(Who is above all measurement and limitation)⁵⁰.

"For you are a holy people to the L-rd your G-d, and the L-rd has chosen you" – and as Rashi<sup>52</sup>

explains "For you are a holy people,

you have sanctified yourself from your forefathers,

and furthermore the L-rd has chosen you": "You are a holy people" is the holiness from the aspect that "You are children to the L-rd your G-d"<sup>53</sup>,

which is "you have sanctified yourself"; and there is yet a higher matter – "and furthermore the L-rd has chosen you",

that in Jews there is the choice of the essence]<sup>54</sup>.

7.

But nevertheless also a gift,

which comes from the side of the giver,

has a connection with the recipient.

Because<sup>55</sup>

a gift is its matter,

that the giver gives away the thing to another

(the recipient of the gift),

with a favorableness

(pleasantness)

towards the other.

as above – nevertheless,

this is a matter of jealousy

(influence).

He wants to receive one of several things,

to share with another

(only in detail which one – the lot determines)].

There is, however, a third matter – inheritance – whose definition is

(not a giving to another,

but)

that the heir stands in the place of the testator.

An heir is not a separate entity that receives assets from the testator,

but

(in the language of the verse⁵⁶)

"Instead of your fathers shall be your sons",

the heir stands in the place of the testator,

he is the very essence of the testator,

and consequently he has ownership over the assets of the testator⁵⁷.

It turns out,

that the advantage of inheritance over sale and gift is:

Sale and gift

(and lottery)

are a matter of giving and influence,

it is not as the person is for himself,

but as he influences to another other than himself; and the difference between them is only in the cause of the influence: by sale the buyer

(his purchase money)

is the cause of the influence,

and by gift it is the will of the giver.

But also the will of the giver is to give the thing to another.

This is not the case by inheritance, where there is no influence to someone who is outside the existence of the testator,

that which the heir receives the assets is because he stands in the place of the testator⁵⁸.

ח.

And this is the meaning of "how beautiful is our inheritance" regarding "our portion" and "our lot":

"Our portion" is the bond of Jews with G‑dliness – as the Almighty, so to speak, contracted Himself that the service and virtues of Jews should occupy place with Him.

Moreover: regarding the Almighty Himself it is as it is said<sup>59</sup>

"He has neither a son nor a brother",

and that Jews are called by the name "sons" is only<sup>60</sup>

as the Almighty contracts Himself, so to speak, in the attribute of "Father"<sup>61</sup>

"Our lot" – "He chose us" – is the connection of Jews with the Almighty from the aspect of the level in G‑dliness

(and in Jews)

where existence

(in its own right)

does not occupy place,

the connection is only from the aspect of His free choice of the Holy One, blessed be He;

But nevertheless,

is also "He chose us" its meaning that the Most High chooses a thing

(which is, as it were, not Him)

– because the definition of "choosing" is in relation to a second thing

(it is only that the cause of the choice is not from the side

(of the virtue of the thing)

chosen, but the will and choice of the chooser)⁶².

In contrast, "You have bequeathed to us" is its meaning that Jews are, as it were, one thing with His Essence, blessed be He,

(Israel and the Holy One, blessed be He, are all one),

the bond of Jews with the Most High is in His Essence, blessed be He,

which is above any movement of contraction etc.⁶³.

And therefore it is called by the name "inheritance" – because this is the definition of inheritance,

that the heir stands in the place of the testator,

because he is the very essence of the testator.

9.

These three matters in the connection of Jews with the Most High – our portion, our lot, and our inheritance – are connected,

in general,

with the three general periods of the people of Israel: a)

before the giving of the Torah,

b)

after the giving of the Torah – the time of the service of Israel in the fulfillment of the Torah and commandments,

c)

in the future to come,

the time of the reward until the ultimate perfection in this.

And one should say the explanation in this:

Also before the giving of the Torah, Jews were called "children",

as it stands by the Exodus from Egypt⁶⁴

"My firstborn son Israel".

Also before the giving of the Torah, the superiority of Jews over all the nations of the world stood revealed

(which brought about the Exodus from Egypt).

But this was all a superiority in their⁶⁵

existence

(and service).

At the giving of the Torah, the concept of "and You have chosen us from every people and tongue"⁶⁶ was revealed

– the choice of the Holy One, blessed be He, in the people of Israel,

(as above)⁶⁷.

And therefore this was expressed in the giving of the Torah and commandments to Jews⁶⁸,

and in this consisted the innovation of Torah and commandments

(that were given at the giving of the Torah)

regarding the service of Jews

(the Patriarchs etc.)

before the giving of the Torah – before the giving of the Torah the service of Jews was measured according to the power of the created being

(how much a created being can achieve with its own powers)

; not so at the giving of the Torah,

when "He gave us His Torah"⁴¹

– in the Torah and commandments is present the power of the Creator.

And after the completion of the fulfillment of the Torah and commandments, among Jews will be revealed their essential quality – "How beautiful is our inheritance" – the concept of inheritance,

that Jews are one, as it were, with His essence, may He be blessed<sup>63</sup>.

10.

And one can say that this is the explanation of the conclusion of the six orders of the Mishnah – "In the future, the Holy One, blessed be He, will bequeath etc. to bequeath to those who love 'yesh'": the Rambam<sup>69</sup>

explains that the term "yesh" indicates "the continuous existence<sup>fn</sup>

which has no end",

that is, His essence, may He be blessed<sup>71</sup>,

the true "yesh".

And "to bequeath to those who love 'yesh'" means – that a Jew becomes one thing,

as it were,

with the "true yesh".

And this is the precise point of "to bequeath to those who love 'yesh'",

because the unification of Jews with the "true yesh"

("the absolute yesh"<sup>70</sup>)

is from the aspect of the concept of inheritance,

that Jews are, as it were, "the essence of the bequeather",

as above<sup>72</sup>.

And with this one will understand why the Rambam brings in the mitzvah of inheritances specifically the words "

(A man when he dies)

and a son there is not to him" – because the spiritual content of the matter of inheritance,

expresses itself specifically in this matter of "and a son there is not to him":

The virtues of "our portion" and "our lot" are connected with the level where the Most High contracts Himself into the level of "father"

(which gives a place for a second existence – a son,

and it becomes the existence)

; even from the side of the level of "our lot",

that which the Most High chooses the Jews,

is nevertheless the content of the matter of choice – that which He chooses in them,

that they should be sons⁷³.

Not so, the definition of "our inheritance" is connected with the Essence of the Holy One, blessed be He,

where one says "and he has no son" – He is above any matter that is outside of Him

(even in the manner of choice)

– and there Jews are rooted,

Israel and the Holy One, blessed be He, are entirely one.

(From talks of 13 Nissan and Shabbat Parshat Shemini 5745)