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Avadim - Chapter 6

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Avadim - Chapter 6

1When a person composes a bill of release for his slave and gives it to another person to acquire on the slave’s behalf, saying: “Take possession of this bill of release for so and so, my slave,” the slave is granted his freedom1 even though the bill of release did not reach his hand. For it is possible to acquire something of benefit to a person outside his presence.2אהַכּוֹתֵב גֵּט שִׁחְרוּר לְעַבְדוֹ, וְזִכָּה לוֹ בּוֹ עַל יְדֵי אַחֵר, וְאָמַר 'זְכֵה בְּגֵט זֶה לִפְלוֹנִי עַבְדִּי' - יָצָא לַחֵרוּת, אַף עַל פִּי שֶׁלֹּא הִגִּיעַ הַגֵּט לְיָדוֹ; שֶׁזָּכִין לָאָדָם שֶׁלֹּא בְּפָנָיו.
If, however, a person said: “Give this bill of release to my slave,” he may not retract, but the slave does not attain his freedom until the bill of release reaches his hand.3 Therefore if a person says: “Give this bill of release to my slave” and dies, it should not be given to him after his master’s death.4אֲבָל אִם אָמַר 'תְּנוּ גֵּט זֶה לְעַבְדִּי' - אֵינוֹ יָכוֹל לַחֲזֹר בּוֹ, וְלֹא יָצָא הָעֶבֶד לְחֵרוּת עַד שֶׁיַּגִּיעַ הַגֵּט לְיָדוֹ. לְפִיכָּךְ הָאוֹמֵר 'תְּנוּ גֵּט זֶה לְעַבְדִּי וּמֵת' - לֹא יִתְּנוּ לְאַחַר מִיתָה.
2When a person composes a legal document saying: “I made my slave so and so a free man,” “My servant so and so was made a free man,” or “He is a free man,”5 he is released. If, however, the document states: “I will make him a free man,” he is not released.6בהַכּוֹתֵב בִּשְׁטָר 'עָשִׂיתִי פְּלוֹנִי עַבְדִּי בֶּן חוֹרִין', אוֹ 'נַעֲשָׂה פְּלוֹנִי עַבְדִּי בֶּן חוֹרִין', אוֹ 'הֲרֵי הוּא בֶּן חוֹרִין' - הֲרֵי זֶה יָצָא לַחֵרוּת. כָּתַב בִּשְׁטָר 'אֶעֱשֶׂנּוּ בֶּן חוֹרִין' - לֹא יָצָא לַחֵרוּת.
3When a master states that he released his slave and the slave denies being released, we suspect that the master had another person acquire the bill of release on behalf of the slave.7 If the master said: “I composed a deed of release and gave it to the slave,” and the slave says: “You neither wrote it nor gave it to me,” the statement of a principal is considered as equivalent to the testimony of 100 witnesses,8 and he is considered a slave until he is freed in the presence of witnesses.גהָאוֹמֵר 'עָשִׂיתִי פְּלוֹנִי עַבְדִּי בֶּן חוֹרִין', וְהוּא אוֹמֵר 'לֹא עֲשָׂאַנִי' - חוֹשְׁשִׁין שֶׁמָּא זִכָּה לוֹ עַל יְדֵי אַחֵר. אָמַר 'כָּתַבְתִּי גֵּט שִׁחְרוּר וְנָתַתִּי לוֹ', וְהוּא אוֹמֵר 'לֹא כָתַב וְלֹא נָתַן לִי' - הוֹדָאַת בַּעַל דִּין כְּמֵאָה עֵדִים, וַהֲרֵי זֶה עֶבֶד עַד שֶׁיְּשַׁחְרְרֶנּוּ בְּפָנֵינוּ.
4When a person commands at the time of his death: “My heirs should not subjugate so and so, my maid-servant,” she is still considered a maid-servant as before,9 but it is forbidden for his heir to subjugate her.10 For it is a mitzvah to fulfill the words of a deceased person.11 Similarly, if a dying man says: “Generate satisfaction for so and so, my maid-servant” we compel the heirs not to make her perform any tasks other than the ones that she desires to perform.12 If he commanded them to free her, we compel them to free her.דמִי שֶׁצִּוָּה בִּשְׁעַת מִיתָתוֹ וְאָמַר 'פְּלוֹנִית שִׁפְחָתִי אַל יִשְׁתַּעְבְּדוּ בָּהּ יוֹרְשִׁים' - הֲרֵי זוֹ שִׁפְחָה כְּשֶׁהָיְתָה, וְאָסוּר לַיּוֹרְשִׁים לְהִשְׁתַּעְבֵּד בָּהּ, מִפְּנֵי שֶׁמִּצְוָה לְקַיֵּם דִּבְרֵי הַמֵּת. וְכֵן אִם אָמַר 'עֲשׂוּ לָהּ קוֹרַת רוּחַ' - כּוֹפִין אֶת הַיּוֹרְשִׁין, וְאֵין מִשְׁתַּעְבְּדִין בָּהּ אֶלָא בִּמְלָאכָה שֶׁהִיא רוֹצָה בָּהּ. צִוָּה וְאָמַר 'שַׁחְרְרוּהָ' - כּוֹפִין אֶת הַיּוֹרְשִׁין לְשַׁחְרֵר אוֹתָהּ.
5There are six matters in which a bill of release given to a servant is equivalent to a bill of divorce. With regard to other matters, a bill of release is equivalent to other legal documents. These are the six:13 a) they are not acceptable if prepared by gentile legal authorities; b) they are acceptable if one witness is a kuti;14 c) they must be written for the sake of the slave who is being freed; d) they may not be written on an article that is attached to the ground; e) the witnesses may sign only in the presence of each other; and f) the same laws apply to a bill of divorce and a bill of release with regard to bringing these legal documents from one place to another.הבְּשִׁשָּׁה דְּבָרִים שָׁוִין שִׁחְרוּרֵי עֲבָדִים לְגִטֵּי נָשִׁים; וּבִשְׁאָר הַדְּבָרִים, הֲרֵי הֵן כִּשְׁאָר הַשְׁטַרוֹת. וְאֵלּוּ הֵן הַשִּׁשָּׁה: פְּסוּלִים בָּעַרְכָּאוֹת שֶׁל עוֹבֵד כּוֹכָבִים, וּכְשֵׁרִין בְּעֵד כּוּתִי, וּצְרִיכִין כְּתִיבָה לְשֵׁם הַמְּשֻׁחְרָר עַצְמוֹ, וְאֵין נִכְתָּבִין בַּמְּחֻבָּר, וְאֵין עֵדֵיהֶם חוֹתְמִין אֶלָא זֶה בִּפְנֵי זֶה. וְאֶחָד גִּטֵּי נָשִׁים וְשִׁחְרוּרֵי עֲבָדִים שָׁוִין לְּמּוֹלִיךְ וּלְּמֵּבִיא.
What is implied?15 All legal documents that are composed by gentile legal authorities are acceptable provided they conform to all the conditions stated in Hilchot Halva’ah16 with the exception of bills of divorce for women and bills of release for slaves.17כֵּיצַד? כָּל הַשְׁטָרוֹת הָעוֹלִים בָּעַרְכָּאוֹת שֶׁל עוֹבֵד כּוֹכָבִים, כְּשֵׁרִים בְּכָל הַתְּנָאִים שֶׁאָנוּ מְבָאֲרִים בְּהִלְכוֹת הַלְוָאָה - חוּץ מִגִּטֵּי נָשִׁים וְשִׁחְרוּרֵי עֲבָדִים.
6Any legal document that is signed by even one witness who is a kuti is not acceptable, with the exception of bills of divorce for women and bills of release for slaves,18 provided the kuti is known to be precise in his observance.וכָל שְׁטָר שֶׁיֵּשׁ עָלָיו אַפִלּוּ עֵד אֶחָד כּוּתִי - פָּסוּל, חוּץ מִגִּטֵּי נָשִׁים וְשִׁחְרוּרֵי עֲבָדִים, שֶׁהֵן כְּשֵׁרִין בְּעֵד אֶחָד יִשְׂרָאֵל וְעֵד אֶחָד כּוּתִי. וְהוּא, שֶׁיִּהְיֶה כּוּתִי חָבֵר.
In the present age, when the kutim are considered as gentiles with regard to all matters,19 we apply the laws stated with regard to them to the Sadducees.20 For the Sadducees in the present era are considered like the kutim of the previous era before it was decreed that they would be considered like gentiles.וּבַזְּמַן הַזֶּה, שֶׁהַכּוּתִים כַּעוֹבֵד כּוֹכָבִים לְכָל דִּבְרֵיהֶם, אָנוּ לְמֵדִין מֵהֶן לַצָּדּוֹקִין. שֶׁהַצָּדּוֹקִין בַּזְּמַן הַזֶּה כְּמוֹ כּוּתִים בְּאוֹתוֹ הַזְּמַן, קֹדֶם שֶׁגָזְרוּ עֲלֵיהֶם שֶׁיִּהְיוּ כַּעוֹבְדֵי כּוֹכָבִים לְכָל דִּבְרֵיהֶם.
With regard to a woman’s bill of divorce, Deuteronomy 24:1 states: “And he shall write to her,” which is interpreted by our Sages to mean: “for her sake.”21 And with regard to a Canaanite maid servant’s bill of release, Leviticus 19:2 states: “Nor was freedom given to her,” teaching that the bill of release must be written for her sake.22 With regard to a woman’s bill of divorce, lbid.:1,3 states: “And he shall write, and he shall give,” which is interpreted by our Sages to mean that the bill of divorce should be written on a substance that is lacking only to be given.23 This excludes a bill of divorce that is written while the article on which it is written is attached and afterwards detached. For it is lacking both being detached and being given. Similarly, with regard to a bill of release, it is written: “given to her,” teaching that the bill of release should be lacking only being given.24בְּגֵט אִשָּׁה הוּא אוֹמֵר "וְכָתַב לָהּ" (דברים כד, א; דברים כד, ג) - לִשְׁמָהּ; וּבְגֵט שִׁחְרוּר הוּא אוֹמֵר "אוֹ חֻפְשָׁה לֹא נִתַּן לָהּ" (ויקרא יט, כ) - עַד שֶׁיִּכְתֹּב לִשְׁמָהּ. בְּגֵט אִשָּׁה הוּא אוֹמֵר "וְכָתַב... וְנָתַן" (דברים כד, א; דברים כד, ג) - מִי שֶׁאֵינוֹ מְחֻסָּר אֶלָא נְתִינָה, יָצָא הַכָּתוּב בִּמְּחֻבָּר וְאַחַר כָּךְ קָצַּץ, שֶׁהֲרֵי מְחֻסָּר קְצִיצָה וּנְתִינָה; וּבְגֵט שִׁחְרוּר הוּא אוֹמֵר "נִתַּן לָהּ" - לֹא יִהְיֶה מְחֻסָּר אֶלָא נְתִינָה.
Witnesses may not sign bills of divorce for women and bills of release for slaves outside each other’s presence. We have already explained that reason for this ruling in Hilchot Gerushin.25אֶחָד גִּטֵּי נָשִׁים וְשִׁחְרוּרֵי עֲבָדִים, אֵין חוֹתְמִין עֵדֵיהֶם אֶלָא זֶה בִּפְנֵי זֶה. וּכְבָר בֵּאַרְנוּ טַעַם הַדָּבָר בְּהִלְכוֹת גֵּרוּשִׁין.
7What is meant by the statement that the same laws apply to bills of divorce and bills of release with regard to bringing these legal documents from one place to another? When an agent brings a bill of release from one place to another in Eretz Yisrael, he does not have to testify that it was written and signed in his presence.26זוְכֵיצַד הֵן שָׁוִין בַּמּוֹלִיךְ וּבַמֵּבִיא? שֶׁהַמֵּבִיא גֵּט שִׁחְרוּר בְּאֶרֶץ יִשְׂרָאֵל, אֵינוֹ צָרִיךְ לוֹמַר 'בְּפָנַי נִכְתַּב וּבְפָנַי נֶחְתַּם'.
And in the diaspora if there are no witnesses present to verify the authenticity of the bill of release, and the agent states that it was written and signed in his presence, its authenticity is considered as verified. Afterwards, if the master comes and protests, no attention is paid to him, as we have explained with regard to a bill of divorce.27וּבְחוּצָה לָאָרֶץ, אִם אֵין עֵדִים לְקַיְּמוֹ, וְאָמַר הַשָּׁלִיחַ 'בְּפָנַי נִכְתַּב וּבְפָנַי נֶחְתַּם' - זֶה הוּא קִיּוּמוֹ; וְאִם בָּא הָאָדוֹן וְעִרְעֵר אַחַר כָּךְ, אֵין מַשְׁגִּיחִין בּוֹ כְּמוֹ שֶׁבֵּאַרְנוּ בְּגִטֵּי נָשִׁים.
Just as when a woman brings her bill of divorce, she does not have to have the authenticity of the document verified,28 because the bill of divorce is in her possession, so too, when a servant’s bill of release is in his possession, he does not have to have the authenticity of the document verified. Just as the woman must say: “It was written and signed in my presence,” when it was stipulated that she do so,29 as we have explained in that context,30 so too, when a servant brings his bill of release and states: “It was written and signed in my presence,” his word is accepted in the same way, and he does not have to have the authenticity of the document verified.כְּשֵׁם שֶׁהָאִשָּׁה עַצְמָהּ מְבִיאָה גִּטָּהּ, וְאֵינָהּ צְרִיכָה לְקַיְּמוֹ, הוֹאִיל וְהַגֵּט יוֹצֵא מִתַּחַת יָדָהּ - כָּךְ הָעֶבֶד שֶׁשְׁטַר שִׁחְרוּרוֹ יוֹצֵא מִתַּחַת יָדוֹ, אֵינוֹ צָרִיךְ לְקַיְּמוֹ. וּכְשֵׁם שֶׁהָאִשָּׁה אוֹמֶרֶת 'בְּפָנַי נִכְתַּב וּבְפָנַי נֶחְתַּם', אִם הִתְנָה עָלֶיהָ, כְּמוֹ שֶׁבֵּאַרְנוּ בִּמְקוֹמוֹ - כָּךְ הָעֶבֶד שֶׁהֵבִיא גֵּט וְאָמַר 'בְּפָנַי נִכְתַּב וּבְפָנַי נֶחְתַּם', נֶאֱמָן עַל אוֹתָהּ הַדֶּרֶךְ וְאֵינוֹ צָרִיךְ קִיּוּם.
8Everyone who is acceptable to bring a bill of divorce to a woman31 as the husband’s agent is also acceptable to bring a bill of release for a slave as the agent of the master. A slave may receive a bill of release for another slave from that slave’s master, but not from his own master.32 When an owner writes a legal document with which he seeks to consecrate his Canaanite maid-servant, even though he tells her: “Attain your freedom by virtue of this document and become consecrated because of it,” this expression is not one that conveys freedom, and she is neither consecrated nor freed.33חכָּל הַכָּשֵׁר לְהָבִיא גֵּט אִשָּׁה, מֵבִיא גֵּט הָעֶבֶד. וְהָעֶבֶד מְקַבֵּל גֵּט לַחֲבֵרוֹ מִיַּד רַבּוֹ שֶׁל חֲבֵרוֹ, אֲבָל לֹא מִיַּד רַבּוֹ שֶׁל מְּקַבֵּל. הַכּוֹתֵב שְׁטַר אֵרוּסִין לְשִׁפְחָתוֹ, אַף עַל פִּי שֶׁאָמַר לָהּ 'צְאִי בּוֹ לְחֵרוּת וְהִתְקַדְּשִׁי בּוֹ' - אֵין בַּלָּשׁוֹן הַזֶּה לְשׁוֹן שִׁחְרוּר, וְאֵינָהּ מְקֻדֶּשֶׁת וְלֹא מְשֻׁחְרֶרֶת.

Quiz Yourself on Avadim Chapter 6

Footnotes
1.

From that point onward, he attains his own financial capacity and is no longer considered his master’s property. If his master desires to retract, he no longer has the capacity.

2.

I.e., even without his knowledge. As stated above, it is taken for granted that a servant will desire his freedom.

3.

The Lechem Mishneh explains that the Rambam’s ruling (which echoes that of Rabbenu Yitzchak Alfasi) is based on the concept that the word “Give” indicates that the master does not desire the release to take effect until the deed is given.
The Kessef Mishneh notes that Rashi and Tosafot in their commentaries on Gittin 13a offer a slightly different interpretation, explaining that the intent is that the master did not give the agent a bill of release. Instead, he instructed the agent to compose a bill and give it to the slave. According to these views [as stated by the Tur and the Ramah (Yoreh De’ah 267:76)], if the master gave the agent a bill of release, the slave is released even if he told him to give it to him.

4.

Since the master died before the bill of release reached the slave’s hands, it is no longer effective. For the slave has already become the property of the master’s heirs.

5.

See the commentary of the Bayit Chadash (Yoreh De’ah 267) which states that there is a doubt whether or not these expressions are effective. Therefore, although the master may not compel the slave to perform work, the slave is not considered a free man and may not marry into the Jewish community.

6.

Gittin 40b explains that in contrast to the expressions mentioned in the first clause, this expression indicates merely a promise to free the slave. It does not bring about the slave’s release.

7.

We do not accept the slave’s statements as proof that he has not been released, because it is possible that, without the slave’s knowing, the master had another person acquire the bill of release for him as stated in Halachah 1. Therefore, the slave is considered a free man. Rabbenu Asher maintains that not only is he forbidden to enter into relations with a Canaanite maid-servant, he is even granted the right to marry into the Jewish people. Rabbenu Nissim does not accept the latter point and requires him to produce a bill of release before he marries a Jewish woman. See Siftei Cohen, Yoreh De’ah 267:96.

8.

This is a principle applied in many areas of Jewish business law. Although the owner also has made a statement – that the slave is no longer his property – priority is given to the statement made by the slave. Perhaps the owner considered the option of freeing the slave, and although he did not actually do so, thought that he did. Alternatively, the slave was previously the property of the owner, and thus he is considered his property until it is proven otherwise (Maggid Mishneh in his gloss on Hilchot Zechiyah UMatanah 4:12).
The Ramah (Yoreh De’ah 267:75) states that if the master does not admit having erred, he is compelled to free him.

9.

She is not freed, and any children she bears are considered slaves.

10.

I.e., they cannot compel her to perform labor.

11.

See Hilchot Zechiyah UMatanah 4:5.

12.

See Hilchot Zechiyah UMatanah 9:12, which with regard to a similar situation states: “She should be given only the type of work she desires from all the types of work that are known [to be performed] by servants in that locale.”
The Ramah (Yoreh De’ah 267:77) states that this maid-servant may not be sold to another person. The Siftei Cohen 267:98 states that there are authorities who maintain that if the maid-servant will not be satisfied unless she is freed, she must be freed.

13.

Each of the six matters are discussed at length in the following halachot. See Sefer HaChinuch (Mitzvah 579), which adds another point, stating that a slave’s bill of release should be written on twelve lines like a woman’s bill of divorce.

14.

The term kuti refers to the Samaritans, gentiles who were brought by the King of Assyria to live in Eretz Yisrael after the Ten Tribes were exiled (See II Kings 17:24.) Afterwards, they converted to Judaism. They were not, however, precise in their observance and hence were always considered different from the Jewish people as a whole (see Bava Kama 38b). See the following halachah, which states that in the present era, they are placed in an entirely different category.

15.

According to some authoritative manuscripts and early printings of the Mishneh Torah, this clause is included in the previous halachah.

16.

Hilchot Malveh V’Loveh 27:1.

17.

Jewish witnesses are required for these documents since the transfer of these documents brings about a transition in ritual status. In contrast to other legal documents that record transactions concluded by other kinyanim, these documents are not merely records of a transactions; they are the means that bring about the transition.
Similarly, as the Rambam writes in Hilchot Malveh V’Loveh, loc. cit., acknowledgments of debts, presents, compromises, waivers and other financial matters that are concluded by the transfer of the legal document are also unacceptable unless they are signed by Jewish witnesses.

18.

This law is dependent on the principle stated later on, that witnesses to a bill of divorce and a bill of release must sign in each other’s presence. With regard to other matters, we do not accept the signature of the kuti, because we fear that he might not be an acceptable witness. With regard to these documents, by contrast, since the kuti signs in the presence of the Jew, we do not suspect that the Jew would have signed unless he knew that the kuti was an acceptable witness (Turei Zahav 267:19).

19.

Chulin 6a relates that an image of a dove that they worshipped was found in their sanctuary, and from that time onward they were considered outright gentiles.

20.

The students of Tzadok and Boethus who broke away from Jewish observance and denied the validity of the Oral Law.
In a related issue, the Siftei Cohen 267:59 states that the Karaites in the present age are not acceptable as witnesses in any context. Contemporary authorities place the same restrictions on Conservative and Reform Jews today.

21.

I.e., with her in mind. See Hilchot Gerushin 1:3 and 3:1-4.

22.

The Tosefta, Gittin 2:9 explains that the use of the term law, “to her,” in both verses, established an equation (gezerah shavah) between the two instances. The Turei Zahav 267:20 explains that even without establishing an equation between the two, the same exegesis can be applied in both instances.

23.

I.e., the substance on which the bill of divorce is written must be able to be given directly to the woman to be divorced. There may not be a need to detach the substance from the ground or from any other substance to which it is connected. See Hilchot Gerushin 1:6.

24.

In this instance, the Turei Zahav 267:21 states that a gezerah shavah is necessary to teach the concept.

25.

See Hilchot Gerushin 9:29, which states that this law was instituted as a precaution lest a person instruct a group of many people to sign a bill of divorce and the bill be given to the woman after it was signed by only two witnesses. We fear that she will not know about the stipulation and think that the bill of divorce is acceptable.

26.

See Hilchot Gerushin, Chapter 7, which explains that when a person brings a bill of divorce from one place to another in the diaspora, or from the diaspora to Eretz Yisrael, he must state that the bill of divorce was written and signed in his presence. Gittin 2a explains that although we assume that a legal document is acceptable, after it is presented, one of the principals may protest and claim that the document is a forgery. In that instance, the authenticity of the signatures of the witnesses must be verified. Since the bill of divorce was brought from the diaspora, we fear that witnesses to verify the signatures will not be found. Therefore, our Sages ordained that if the agent bringing the bill of divorce states that it was written and signed in his presence, it is considered as if the signatures were verified.

27.

See Hilchot Gerushin 7:6, which states that once the agent makes these statements, the husband’s protests alone are not sufficient to cast aspersions on the authenticity of the legal document. To disqualify it, he must prove that the witnesses’ signatures are forgeries.

28.

I.e., she does not have to say that the bill of divorce was written and signed in her presence, as stated in Hilchot Gerushin 7:24.

29.

We accept the woman’s statements because of the principle of migo – i.e., had she desired to lie, she could have told a more encompassing falsehood. Instead of saying that the bill of divorce was written and signed in her presence, she could have claimed that the all divorce proceedings had been completed. Had she made such statements, her word would have been accepted, because she had the bill of divorce in her possession.

30.

Hilchot Gerushin 7:23 states that this law applies when the husband gives the bill of divorce to the woman on the condition that she act as an agent and take it to another locale, where the divorce would be completed. Once she makes such statements her word is accepted. The Ra’avad protests the Rambam’s statements here and in Hilchot Gerushin. In his gloss on Hilchot Gerushin 7:24, the Maggid Mishneh resolves the Rambam’s ruling.

31.

As Hilchot Gerushin 6:6 states, this excludes a gentile, a slave, a deaf-mute, a mentally or emotionally incapable person and a minor.

32.

For the slave does not possess an independent financial capacity. When he accepts something, he is accepting it on behalf of his master. And so, when the slave receiving the bill of release belongs to another person, it is as if the bill were given to his master for the sake of the slave being freed. This is acceptable, as stated in Halachah 1. But when the slave receiving the bill of release belongs to the same master as the slave being freed, the bill of release has never left the master’s domain, and therefore the slave is not freed.

33.

I.e., because she is not freed, she is not consecrated, since a person may not consecrate a Canaanite maid-servant. If, however, he tells her only: “Be consecrated,” we assume that he freed her previously, and his consecration is binding (Kessef Mishneh).

The Mishneh Torah was the Rambam's (Rabbi Moses ben Maimon) magnum opus, a work spanning hundreds of chapters and describing all of the laws mentioned in the Torah. To this day it is the only work that details all of Jewish observance, including those laws which are only applicable when the Holy Temple is in place. Participating in one of the annual study cycles of these laws (3 chapters/day, 1 chapter/day, or Sefer Hamitzvot) is a way we can play a small but essential part in rebuilding the final Temple.
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Rabbi Eliyahu Touger is a noted author and translator, widely published for his works on Chassidut and Maimonides.
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The text on this page contains sacred literature. Please do not deface or discard.