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Shegagot - Chapter 5

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Shegagot - Chapter 5

1When a man is intimate with a woman who is forbidden to him as an ervah1 many times in a single period of lapse of awareness, it is all considered as one inadvertent violation and he is liable only for one sin-offering.2 Even though there were many days between each experience of intimacy, since he did not become aware in the interim, and she is only one person,3 he is only liable once.אהַבָּא עַל עֶרְוָה בִּיאוֹת הַרְבֵּה בְּהֶעְלֵם אֶחָד, אַף עַל פִּי שֶׁהָיָה בֵּין בְּעִילָה וּבְעִילָה יָמִים הַרְבֵּה, הוֹאִיל וְלֹא נוֹדַע לוֹ בֵּנְתַיִם וַהֲרֵי הוּא גּוּף אֶחָד - הֲרֵי הַכֹּל שְׁגָגָה אַחַת, וְאֵינוֹ חַיָּב אֶלָא חַטָּאת אַחַת.
If, by contrast, one inadvertently engaged in relations with her, the transgression became known to him afterwards, and then he inadvertently engaged in relations with that same woman, the transgression became known to him afterwards, and then he inadvertently engaged in relations with that same woman again, he is liable for a sin-offering for every time he engaged in relations. For his awareness separates between the inadvertent transgressions.אֲבָל אִם שָׁגַג בָּהּ, וְאַחַר כָּךְ נוֹדַע לוֹ, וְחָזַר וְשָׁגַג בָּהּ עַצְמָהּ וּבְעָלָהּ, וְאַחַר כָּךְ נֹודַע לוֹ, וְחָזַר וְשָׁגַג בָּהּ עַצְמָהּ וּבְעָלָהּ - חַיָּב עַל כָּל בְּעִילָה וּבְעִילָה; שֶׁהַיְּדִיעוֹת מְחַלְּקוֹת הַשְּׁגָגוֹת.
2When a man engages in relations with a woman forbidden as an ervah many times in one ongoing state of lapsed awareness, but the woman with whom he engaged in relations became aware of the transgression between each experience of intimacy,4 thus from her perspective, the relations involved several lapses of awareness, he brings one sin-offering and she brings a sin-offering for every time they engaged in relations.5בהַבָּא עַל הָעֶרְוָה בִּיאוֹת הַרְבֵּה בְּהֶעְלֵם אֶחָד, וְזוֹ הַנִּבְעֶלֶת הָיְתָה לָהּ יְדִיעָה בֵּין כָּל בִּיאָה וּבִיאָה, שֶׁנִּמְצְאוּ הַבִּיאוֹת אֶצְלָהּ בְּהַעְלָמוֹת הַרְבֵּה - הוּא מֵבִיא חַטָּאת אַחַת, וְהִיא מְבִיאָה עַל כָּל בִּיאָה וּבִיאָה.
If he had knowledge of the transgressions in the interim and she acts in one ongoing state of lapsed awareness, he brings many sin-offerings6 and she brings one sin-offering.הָיוּ לוֹ הוּא יְדִיעוֹת בֵּנְתַיִם, וְהִיא בְּהֶעְלֵם אֶחָד - הוּא מֵבִיא חַטָּאוֹת הַרְבֵּה, וְהִיא חַטָּאת אַחַת.
3When a man engages in relations with many women forbidden to him as arayos in one ongoing state of lapsed awareness, he is liable for a sin-offering for every one of them. This applies even if they are all forbidden because of the same prohibition, because they are separate persons.גהַבָּא עַל עֲרָיוֹת הַרְבֵּה בְּהֶעְלֵם אֶחָד, אַף עַל פִּי שֶׁכֻּלָּן מִשֵּׁם אֶחָד, הוֹאִיל וְהֵן גּוּפִין מֻחְלָקִין - חַיָּב עַל כָּל אַחַת וְאַחַת.
What is implied? A man was intimate with five women in the niddah state, he was intimate with five of his sisters or five of his daughters in one ongoing state of lapsed awareness, he is liable for a sin-offering for every person.כֵּיצַד? הֲרֵי שֶׁבָּעַל חָמֵשׁ נָשָׁיו נִדּוֹת, אוֹ שֶׁבָּא עַל חָמֵשׁ אַחְיוֹתָיו, אוֹ חָמֵשׁ בְּנוֹתָיו, בְּהֶעְלֵם אֶחָד - חַיָּב עַל כָּל גּוּף וְגוּף.
From this ruling, we learned the following interpretation of our Sages’ statement7 that a person who sodomized a male and was sodomized by a male in one state of lapsed awareness is liable for only one sin-offering.מִכָּאן אַתָּה לָמֵד, שֶׁזֶּה שֶׁאָמְרוּ חֲכָמִים: הַבָּא עַל הַזְּכוּר וְהֵבִיא זְכוּר עָלָיו בְּהֶעְלֵם אֶחָד - חַיָּב חַטָּאת אַחַת.
When does this apply? When the same male was involved. If, however, there were two other males involved, whether he sodomized both8 or sodomized one and one sodomized him, he is liable for each person. The same laws also apply when one sodomizes an animal and has an animal sodomize him.בַּמֶּה דְּבָרִים אֲמוּרִים? כְּשֶׁהָיָה אוֹתוֹ הַזְּכוּר עַצְמוֹ; אֲבָל אִם הָיָה זְכוּר אַחֵר - בֵּין שֶׁבָּא עַל שְׁנֵיהֶם, בֵּין שֶׁבָּא עַל זֶה וְהֵבִיא זֶה עָלָיו - חַיָּב עַל כָּל גּוּף וְגוּף. וְהוּא הַדִּין בְּבָא עַל הַבְּהֵמָה וְהֵבִיא בְּהֵמָה עָלָיו.
4When a woman has many animals engage in relations with her in one period of lapsed awareness, she is liable for a sin-offering for every animal, for there are different bodies involved. It is like engaging in relations with many men in period of lapsed awareness in which instance, she is liable for a sin-offering for every man with whom she was intimate.דהָאִשָּׁה שֶׁהֵבִיאָה עָלֶיהָ בְּהֵמוֹת הַרְבֵּה בְּהֶעְלֵם אֶחָד - חַיֶּבֶת חַטָּאת עַל כָּל בְּהֵמָה וּבְהֵמָה; שֶׁהֲרֵי גּוּפִין מֻחְלָקִין, וַהֲרֵי זוֹ כְּמִי שֶׁנִּבְעֲלָה לָאֲנָשִׁים הַרְבֵּה בְּהֶעְלֵם אֶחָד - שֶׁהִיא חַיֶּבֶת חַטָּאת עַל כָּל אִישׁ וְאִישׁ.
5When a woman’s husband went overseas and she heard that he died or witnesses came and testified that he died and she married,9 whether on her own initiative or according to the counsel of the court,10 and then she discovered that her first husband is alive,11 she is liable only for one sin-offering.ההָאִשָּׁה שֶׁהָלַךְ בַּעְלָהּ לִמְדִינַת הַיָּם, וְשָׁמְעָה שֶׁמֵּת אוֹ בָּאוּ עֵדִים שֶׁמֵּת, וְנִשֵּׂאת בֵּין עַל פִּי עַצְמָהּ בֵּין עַל פִּי בֵּית דִּין, וְנוֹדַע שֶׁבַּעְלָהּ קַיָּם - חַיֶּבֶת קָרְבָּן אֶחָד.
If she married many men12 or was promiscuous with many men,13 she is liable for a sin-offering for every man with whom she was intimate, for they are different persons even though she acted in one state of lapsed awareness.וְאִם נִשֵּׂאת לָאֲנָשִׁים הַרְבֵּה אוֹ שֶׁזִנְּתָה עִם אֲנָשִׁים הַרְבֵּה - חַיֶּבֶת חַטָּאת עַל כָּל אִישׁ וְאִישׁ; מִפְּנֵי שֶׁהֵן גּוּפִין מֻחְלָקִין, וְאַף עַל פִּי שֶׁהַכֹּל בִּשְׁגָגָה אַחַת.
The following rule applies when a man was intimate with a woman in the niddah state inadvertently, then she became purified from her niddah state, immersed herself, then became a niddah again and they were intimate a second time in the same period of lapsed awareness.14 He is liable for a sin-offering for every span of time in which she is in the niddah state,15 even though it is in one state of lapsed awareness and only one person is involved. The rationale is that one span of time in which she is in the niddah state is distinct from another span of time in which she is in the niddah state. It is as if he was intimate with two different women in the niddah state.הַבָּא עַל הַנִּדָּה בִּשְׁגָגָה, וְטָהֲרָה מִנִּדָּתָהּ וְטָבְלָה, וְחָזְרָה וְרָאֲתָה נִדָּה, וּבָא עָלֶיהָ פַּעַם שְׁנִיָּה בְּאוֹתָהּ שְׁגָגָה עַצְמָהּ - חַיָּב עַל כָּל פַּעַם וּפַעַם, אַף עַל פִּי שֶׁהוּא בְּהֶעְלֵם אֶחָד וְהִיא גּוּף אֶחָד; שֶׁזְּמַן נִדּוּת זֶה חוּץ מִזְּמַן נִדּוּת הַשֵּׁנִי, וַהֲרֵי הֵן כִּשְׁתֵּי נָשִׁים נִדּוֹת.
6When a man is intimate with his wife at a time when she is not expected to menstruate16 and she menstruates during relations,17 they are exempt from bringing a sin-offering. This is considered as a situation beyond their control and not an inadvertent transgression.והַבָּא עַל אִשְׁתּוֹ שֶׁלֹּא בִּשְׁעַת וֶסְתָּהּ וְרָאֲתָה דַּם בְּעֵת הַתַּשְׁמִישׁ - הֲרֵי אֵלּוּ פְּטוּרִין מִקָּרְבַּן חַטָּאת, מִפְּנֵי שֶׁזֶּה כְּאָנוּס הוּא וְאֵינוֹ שׁוֹגֵג.
For with regard to an inadvertent transgression, the transgressor carries a certain amount of culpability, for he should have checked and been careful. Had he examined the matter thoroughly and been careful in asking questions, he would not have transgressed. Since he did not take the trouble to examine and research the matter before acting, he requires atonement.18 In this situation, however, what should the person have done? She was pure and they were intimate at a time when menstruation was not expected. This is considered as a matter beyond their control. Therefore, whether the blood was found on her inspection cloth or his,19 they are exempt.שֶׁהַשּׁוֹגֵג, הָיָה לוֹ לִבְדֹּק וּלְדַקְדֵּק, וְאִלּוּ בָּדַק יָפֶה יָפֶה וְדִקְדֵּק בִּשְׁאֵלוֹת, לֹא הָיָה בָּא לִידֵי שְׁגָגָה, וּלְפִי שֶׁלֹּא טָרַח בִּדְרִישָׁה וַחֲקִירָה וְאַחַר כָּךְ יַעֲשֶׂה, צָרִיךְ כַּפָּרָה; אֲבָל זֶה מַה הָיָה לוֹ לַעֲשׂוֹת? הֲרֵי טְהוֹרָה הָיְתָה וְשֶׁלֹּא בִּשְׁעַת וֶסְתָּהּ בָּעַל, אֵין זֶה אֶלָא אֹנֶס. לְפִיכָךְ, בֵּין שֶׁנִּמְצָא דָּם עַל עֵד שֶׁלָּהּ, בֵּין שֶׁנִּמְצָא עַל עֵד שֶׁלּוֹ - פְּטוּרִין.
If, however, the man transgressed and was intimate with her close to the time when she could have been expected to menstruate,20 thinking that they could be intimate and separate before she would menstruate, and instead, she menstruated in the midst of relations, they are liable to bring a sin-offering, for this is an inadvertent transgression.21אֲבָל אִם עָבַר וּבָא עָלֶיהָ סָמוּךְ לְוֶסְתָּהּ, וְדִמָּה שֶׁיִּבְעֹל וְיִפְרֹשׁ קֹדֶם שֶׁתִּרְאֶה דָּם, וְרָאֲתָה בִּשְׁעַת הַתַּשְׁמִישׁ - חַיָּבִין בְּקָרְבָּן, שֶׁזּוֹ שְׁגָגָה הִיא.
Therefore, if blood is found on his inspection cloth, they are both impure22 and are obligated to bring a sacrifice.23 Slightly more lenient rules apply if blood was found on her examination cloth. If she cleaned herself immediately after separating from her husband, without waiting, they are both impure and are obligated to bring a sacrifice. If, however, she waited long enough so that she could have stretched her hand under the pillow or under the bolster and take an inspection cloth to examine herself24 and afterwards, she cleaned herself, they both are considered to have contracted impurity of doubtful status and are exempt from bringing a sacrifice.25 If she waited long enough so that she could have descended from the bed and washed26 and afterwards, she cleaned herself and discovered blood, her husband is pure.27לְפִיכָךְ אִם נִמְצָא דָּם עַל עֵד שֶׁלּוֹ - שְׁנֵיהֶם טְמֵאִים, וְחַיָּבִין בְּקָרְבָּן; נִמְצָא עַל עֵד שֶׁלָּהּ: אִם קִנְּחָה עַצְמָהּ מִיָּד כְּשֶׁפֵּרֵשׁ הַבַּעַל, וְלֹא שָׁהֲתָה - שְׁנֵיהֶם טְמֵאִים, וְחַיָּבִין בְּקָרְבָּן; וְאִם שָׁהֲתָה כְּדֵי שֶׁתּוֹשִׁיט יָדָהּ לְתַחַת הַכַּר אוֹ לְתַחַת הַכֶּסֶת, וְתִטֹּל עֵד לִבְדֹּק בּוֹ, וְאַחַר כָּךְ קִנְּחָה עַצְמָהּ - שְׁנֵיהֶם טְמֵאִים בְּסָפֵק, וּפְטוּרִין מִקָּרְבָּן; וְאִם שָׁהֲתָה כְּדֵי שֶׁתֵּרֵד מִן הַמִּטָּה, וְתָדִיחַ אֶת פָּנֶיהָ, וְאַחַר כָּךְ קִנְּחָה עַצְמָהּ וְנִמְצָא דָּם - בַּעְלָהּ טָהוֹר.
7When a man transgressed and was intimate with his wife close to the time when she could have been expected to menstruate with the intent that he would complete relations before she began to menstruate and the woman felt that she became impure in the midst of relations and informed her husband of this, he should not withdraw while erect,28 as we explained in Hilchot Issurei Bi’ah.29זמִי שֶׁעָבַר וּבָעַל סָמוּךְ לַוֶּסֶת, עַל דַּעַת שֶׁתִּקְדֹּם בִּיאָתוֹ לִרְאִיַּת הַדָּם, וְהִרְגִּישָׁה הָאִשָּׁה שֶׁנִּטְמֵאת בִּשְׁעַת תַּשְׁמִישׁ, וְאָמְרָה לוֹ 'נִטְמֵאתִי' - הֲרֵי זֶה לֹא יִפְרֹשׁ כְּשֶׁהוּא מִתְקַשֶּׁה, כְּמוֹ שֶׁבֵּאַרְנוּ בְּהִלְכוֹת אִסּוּרֵי בִּיאָה.
If he did not know that it is forbidden for him to withdraw immediately and he withdrew while erect, he is liable for two sin-offerings: one for entering, for he was intimate with a niddah, and one, for withdrawing, since withdrawing also afforded him pleasure, as entering did.וְאִם לֹא יָדַע שֶׁאָסוּר לִפְרֹשׁ מִיָּד, וּפֵּרֵשׁ כְּשֶׁהוּא מִתְקַשֶּׁה - חַיָּב שְׁתֵּי חַטָּאוֹת: אַחַת עַל כְּנִיסָתוֹ, שֶׁהֲרֵי בָּעַל נִדָּה; וְאַחַת עַל יְצִיאָתוֹ, שֶׁיְּצִיאָתוֹ הֲנָיָה לוֹ כְּבִיאָתוֹ.
When does the above apply? When he knew that it was forbidden to be intimate close to the time when she could have been expected to menstruate, but had the intent that he would complete relations before she began to menstruate and did not know that it is forbidden to withdraw while erect. Thus it is as if he has two lapses of awareness regarding two experiences of intimacy.30בַּמֶּה דְּבָרִים אֲמוּרִים? בְּשֶׁיָּדַע שֶׁאָסוּר לִבְעֹל בִּשְׁעַת הַוֶּסֶת, וְדִמָּה שֶׁתִּקְדֹּם בְּעִילָתוֹ לִרְאִיָּתָהּ, וְלֹא יָדַע שֶׁאָסוּר לִפְרֹשׁ מִיָּד, שֶׁנִּמְצְאוּ לוֹ שְׁנֵי הֶעְלֵמוֹת בִּשְׁתֵּי הַבְּעִילוֹת.
If, however, he did not know that it was forbidden to be intimate close to the time when she could have been expected to menstruate and did not know that it is forbidden to withdraw from an impure woman immediately, he is liable for only one sin-offering even when he withdrew immediately, while erect. The rationale is that his entry and his withdrawal are considered as two experiences of intimacy performed during one lapse of awareness.אֲבָל אִם לֹא יָדַע שֶׁאָסוּר לִבְעֹל בִּשְׁעַת הַוֶּסֶת, וְלֹא יָדַע שֶׁאָסוּר לִפְרֹשׁ מִיָּד מִן הַטֻּמְאָה, אַף עַל פִּי שֶׁפֵּרֵשׁ מִיָּד וְהוּא מִתְקַשֶּׁה - אֵינוֹ חַיָּב אֶלָא חַטָּאת אַחַת; מִפְּנֵי שֶׁכְּנִיסָתוֹ וִיצִיאָתוֹ, שֶׁהֵן כִּשְׁתֵּי בְּעִילוֹת, בִּשְׁגָגָה אַחַת הֵן, וּבְהֶעְלֵם אֶחָד עָשָׂה הַכֹּל.
The same principle applies with regard to other forbidden sexual relations. If one inadvertently was intimate with a woman under the conception that she was permitted and, while during intimacy, he became aware that she was forbidden, he should not withdraw immediately, for withdrawing also affords him pleasure, as entering does.וְהוּא הַדִּין בִּשְׁאָר עֲרָיוֹת, שֶׁאִם שָׁגַג וּבָא עַל הָעֶרְוָה עַל דַּעַת שֶׁהִיא מֻתֶּרֶת, וְנוֹדַע לוֹ שֶׁהִיא עֶרְוָה, וְהוּא בְּתוֹךְ הַתַּשְׁמִישׁ - לֹא יִפְרֹשׁ מִיָּד, שֶׁיְּצִיאָתוֹ הֲנָיָה כְּבִיאָתוֹ.
If he does not know that it is forbidden to separate immediately and separates while he is erect, he is only liable for one sin-offering, for the act is considered as one inadvertent transgression.31וְאִם לֹא יָדַע שֶׁאָסוּר לִפְרֹשׁ מִיָּד, וּפֵּרֵשׁ וְהוּא מִתְקַשֶּׁה מִיָּד - אֵינוֹ חַיָּב אֶלָא חַטָּאת אַחַת, שֶׁהַכֹּל שְׁגָגָה אַחַת הִיא.

Quiz Yourself on Shegagot Chapter 5

Footnotes
1.

These women are mentioned in Chapter l, Halachah 4.

2.

In Halachah 5, with regard to relations with a woman in the niddah state, and in Chapter 7, Halachah 2, with regard to the Sabbath prohibitions, the Rambam writes that the days themselves constitute an interruption. In those instances, however, during the interim days, the prohibition did not apply (the woman returned to a state of purity and the Sabbath ended). Hence a distinction is made and every transgression is considered individually. In this instance, by contrast, the prohibition continues throughout all the days in the interim. Therefore, all of the transgressions are covered by the same sin-offering.
See also Chapter 6, Halachah 9, where the Rambam writes that if a person becomes aware of his different transgressions at varying times, he is liable for more than one sin-offering.

3.

As stated in Halachah 3, were there to be different women involved, each transgression would require a different sin-offering. Nevertheless, in this instance, since only one woman was involved, he is liable for only one sin-offering.

4.

I.e., between relations, she forgot about the prohibition.

5.

The Rambam is emphasizing that although they engaged in the forbidden relationships together, since there is a difference in the extent of their awareness, there is a difference in the number of sin-offerings they are required to bring.

6.

I.e., one for every act of intimacy.

7.

Keritot 3a, cited in Chapter 4, Halachah 1.

8.

Or was sodomized by both.

9.

See Hilchot Gerushin, chs. 12-13, with regard to when such a woman is given license to remarry and when it is suspected that her husband is still alive.

10.

Even if the court granted her permission to remarry, she is not considered to have sinned due to forces beyond her control. See Yevamot 87b, 92a, where this issue is discussed.

11.

In which instance, unknowingly, every act of intimacy with her second husband was an adulterous act.

12.

I.e., one after the other during the time she was under the impression that her first husband had died.

13.

In this instance as well, unknowingly, every act of intimacy was an adulterous act.

14.

I.e., throughout the entire time, he did not become aware of the prohibition involved in intimacy with her while she was in the niddah state.

15.

He is not, however, liable for every time they were intimate. All relations during one span of time when the woman is in the niddah state are atoned for by one sin-offering (Keritot 17a).

16.

As stated in Hilchot Issurei Bi’ah 4:9: “Whenever a woman has a fixed time when she is accustomed to menstruate, her husband can assume that she is [ritually pure and] permitted until she tells him “I am impure.”

17.

In which instance, relations represent a transgression. See Halachah 7.

18.

And hence must bring a sin-offering.

19.

See Hilchot Issurrei Bi’ah 4:14, where the Rambam writes: It is the practice of Jewish men and women to carry out a personal inspection after relations. What is implied? The man should clean himself with a cloth prepared for [this purpose] and the woman should clean herself with a cloth prepared for [this purpose]. [The purpose of these inspections is] to see whether the woman menstruated during relations.
As mentioned in the notes to that halachah, the Shulchan Aruch (Yoreh De’ah 186:1) does not require a husband and a wife to carry out such inspections in an ongoing manner.

20.

As stated in Hilchot Issurei Bi’ah 4:12: It is forbidden for a man to engage in relations with his wife near the time she can expect menstruation to begin, lest she menstruate during relations.... For how long [is it necessary to refrain from relations]? If [the woman] would ordinarily begin menstruating during the day, she is forbidden to enter into relations from the beginning of the day. If she would ordinarily begin menstruating during the night, she is forbidden to enter into relations from the beginning of the night.

21.

It is not considered as a willful transgression, since the couple did not expect that she would become impure. Nevertheless, since the possibility existed that she would become impure, atonement is required.

22.

For a man who engages in relations with a woman in the niddah state is also impure (Leviticus 15:24).

23.

For it can be assumed that the blood came from the woman’s menstruation during intimacy. Even if he waited before cleaning himself, we have no reason to attribute the bleeding to any other source.

24.

Since she waited, it is possible that she began menstruating afterwards and was not impure during the time of intimacy. Hence there is an irresolvable doubt whether they transgressed or not, for there is no way that this matter can be determined (Niddah 14b).

25.

Since it is possible they are not obligated to bring a sacrifice, it is forbidden for them to do so, lest they be slaughtering an ordinary animal (i.e., an animal consecrated in error) in the Temple Courtyard, which is a transgression.

26.

I.e., a longer interval.

27.

Although there is a possibility that he contracted impurity, it is also possible that she began menstruating afterwards. Hence we assume that she was pure until bleeding was discovered and her husband is not deemed impure.

28.

But instead, should remain within his wife until his erection becomes limp.

29.

Hilchot Issurei Bi’ah 4:11.

30.

I.e., with regard to his entry and his withdrawal. They are two different lapses of awareness: a) the thought that he could complete relations before she menstruated, and b) forgetting that it is forbidden to withdraw while erect.

31.

Rav Yosef Corcus, Rabbi Akiva Eiger, and others note that here there is reason to say that the act should be considered as two transgressions, because he became aware of the prohibition between his entry and his withdrawal. Now, when one inadvertently engaged in two forbidden experiences of intimacy and became aware of the transgression in the interim, he is liable for two sin-offerings. Hence, there is room to say that he should be liable for two sin-offerings in this instance as well. Among the resolutions offered is that, here, the second forbidden act is so closely tied to the first that they are considered as being carried out in the same lapse of awareness (Or Sameiach).

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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