7333 —העשירי יהי' קדש, יציאה מן הדיר, ומנהגי תורה חב"ד

B"H, 14 Sivan, 5720.

Brooklyn.

Haraha"g haraha"ch iy"a nu"n oseik b'tzt"z tznam"s etc. Moharashi Zuvin

Shalom u'Vrachah!

In response to your urgent letter from 12 Sivan, at the conclusion of the supplementary days for Shavuos—hence my reply is also urgent.

Upon reviewing your letter I noticed I had not yet answered your question about "the tenth shall be holy" regarding leaving the pen. In my previous letter I omitted citing the source—see Likkutei HaShas of the Arizal on Tractate Bechoros. There it says regarding our matter: "Ma'aser kodesh v'yotzei derech hapetach... understand this."

Regarding your note about the law according to Nigleh that even in a sanctified pen (dir kadosh), we find several such matters explained in Pnimiyus HaTorah as they must be arranged, and a general example is that all mitzvos require thought (kavanah), speech (blessing), and action (actual fulfillment), even though many mitzvos do not require intention and blessings are not essential. I wrote only as an example, since ideally it is worthwhile to have intention and a blessing. However, regarding leaving the pen, one might have thought that even ideally it is unnecessary. But in truth this is not so; on the contrary—from Torah law there is a mitzvah that they should go out and be counted by staff.

The main point—in my opinion—even after the fact, strictly speaking according to Nigleh it is not so. The foundations: (a) In the sugya of Bechoros (58b and there) it seems unclear—our sages simply say "the tenth is holy" in any case even if he did not call it so etc., but regarding leaving the pen they seek proofs. Seemingly they are equal etc. (b) The Rambam (Hilchos Bechoros ch. 8 halacha 8) writes that exemption by potential counting applies only according to those who require actual leaving, as questioned by Lechem Mishneh. (c) The language of Shas commentators there and also on 59b implies that potential counting is like "kol haraui le'bilah—yetziah—ein bilah me'akevet." (d) Most importantly: how can we say that if there was no leaving from a completely sanctified pen when does holiness take effect? For if you take out the tenth through another door—it is not holy since it was not joined with the nine counted ones; furthermore—is death or total removal from being alive different from taking out a live animal through another door?

All this is resolved if we say that the law is: if a tenth remains in a sanctified pen, it becomes ma'aser only if afterwards it leaves alive through that same door—then it becomes clear from the outset that it belongs with them; but if a tenth dies in the pen—the baraita does not say "the tenth is ma'aser," as above—it would be like going out another door—the nine counted ones are exempt only because of potential counting; therefore Rashi (Bechoros 59b) combines death of a tenth in a sanctified pen with going out another door and writes that potential counting is the reason.

From this—in our matter—as clarification, leaving is required; see Likkutei HaShas of Arizal there. This led me to distinguish—that one cannot say regarding Malchus sefirah that everything happens automatically as we say about Binah which transcends hishtalshelus—as written elsewhere.

Regarding what you wrote about Hagbah—it is somewhat surprising this custom isn't referenced in encyclopedias concerning how Hagbah is practiced among Chabad—that after Hagbah one places the Sefer Torah on the table before rolling it up—and see something new: specifically Baal Aruch HaShulchan affirms and praises this custom.

I was pleased to read at your letter's end about matters connected to the bicentennial year etc., and your activities in this regard; my strong hope—even though you did not mention explicitly—is that you emphasized forcefully what needs to be stressed: rejecting any error as though the Baal Shem Tov etc. were lenient concerning performing mitzvos with hiddur etc.

One reason I write this: if until now this has not been sufficiently emphasized—it would be proper to do so at every opportunity at least from now on, since many err—even some intentionally etc.

Your note at your letter's end—thank you for sending here—and mainly—the speeches at the gathering—for now have not reached me.

Summary

The Rebbe clarifies halachic details about ma'aser behemah and leaving the pen based on both Nigleh and Pnimiyus HaTorah sources, highlights unique Chabad customs like Hagbah placement, and stresses always performing mitzvos with hiddur against common misconceptions.