סדר סעודה המפסקת. ובו ד סעיפים:
אוכלין ומפסיקין קודם בין השמשו' שצריך להוסיף מחול על הקודש ותוספת זה אין לו שיעור אלא קודם בין השמשו' שזמנו אלף ות"ק אמה קודם הלילה צריך להוסיף מחול על הקודש מעט או הרבה: “The order of the meal prior to the beginning of the fast” - Containing four paragraphs.
One eats and stops eating before dusk60Bein ha-Shemashot, בין השמשות, is a time which is called twilight or dusk. It is that short period of time from when the sun just begins to set on the horizon until the stars (at least three) begin to appear in the sky, which marks nightime and signifies a new day according to the Hebrew calendar. It is defined as "Not quite (doubtful) day and not quite night" in the Talmud tractate Shabbat 34b. because one must add “from the profane to the holy61"From the profane to the holy." It is a talmudic principle which operates on the Sabbath, festivals, therefore on Yom Kippur, that one starts the holiday a bit early, (and prolongs it a bit longer the following day) making it more than exactly twenty-four hours, so that one can increase the holiness that the holiday brings to one's life. Therefore one begins one's fast before the twilight so that one can add to the holiness of the Day of Atonement.”, (i.e., from the weekday to Yom Kippur). And this addition has no specific time limit. But before dusk, the length of time which is one thousand, five hundred “seconds” prior to nightfall, one has to add from the profane (i.e., from the weekday) to the holy (i.e., Yom Kippur) either a little time or more time.
נשים שאוכלו' ושותו' עד שחשכה והן אינן יודעו' שמצוה להוסיף מחול על הקודש אין ממחין בידם כדי שלא יבואו לעשו' בזדון: הגה והוא הדין בכל דבר איסור אמרינן מוטב שיהיו שוגגין ולא יהיו מזידין ודוקא שאינו מפורש בתורה אע"פ שהוא דאורייתא אבל אם מפורש בתורה מוחין בידו (ר"ן פרק ד' דביצה והרא"ש בשם העיטור) . ואם יודע שאין דבריו נשמעין לא יאמר ברבים להוכיחן רק פעם אחד אבל לא ירבה בתוכחות מאחר שיודע שלא ישמעו אליו אבל ביחיד חייב להוכיחו עד שיכנו או יקללנו (ר"ן ס"פ הבע"י): Women who eat and drink until it is dark, and they do not know that it is a good deed (mitzvah) to add “from the profane to the holy” should not be objected to doing so, so that they should not do it (later) presumptuously (defiantly).
Hagah: The same is the rule in every forbidden thing, we say that it is better that they (the people) do it (the wrong thing) inadvertently rather than doing it presumptuously. But this is so only when the law in question is not explicitly stated in the Torah, even though it is a toraitic law. But if it is explicitly stated in the Torah, than they (the people) object (try to prevent) the person who wants to transgress, (ר״ן פדק ד‘ דביצה והרא״ש בשם העיטור).62Rabbenu Nissim, chapter four in (his commentary on Alfasi tractate) Beẓah, and the Rosh in the name of the Ittur, ר״ן פרק ד‘ דביצה והרא״ש בשם העיטור.
For Rabbenu Nissim, ר״ן; see footnote 47.
The Talmud tractate Beẓah means literally "egg" and it is named such because this is the opening word, in a discussion of what happens when an egg is laid on a festival. It is found in the order of Mo'ed in the Mishna, Tosefta, Babylonian Talmud, and Palestinian Talmud. The tractate deals with the laws of festivals, especially those laws common to all festivals in general. This tractate is therefore also called Yom Tov, "festival". The tractate contains five chapters in the Mishna and Talmud but only four in the Tosefta.
Zvi Kaplan, E. J., v. 4, pp. 785-86.
The Rosh, (Ha-Rosh), is an acronym for Rabbenu Asher. He is also known as Asheri. His real name is Asher ben Jehiel and he lived from around 1250 until 1327. This famous talmudist studied under his father, Jehiel, one of the Ḥasidei Ashkenaz and his older brother. He lived for a short while in Troyes, France and then lived in Cologne and Coblenz. From there he moved to Worms and studied under Meir b. Baruch of Rothenburg who appointed Asher as a member of the local rabbinic court, bet din. When Meir was imprisoned, Asher became the leader of German Jewry. During the Rindfleisch massacres of 1298 Asher distinguished himself by giving respected halakhic decisions which were raised due to the disruption of family and communal life.
Asher left Germany in 1303 and went to Barcelona. He was a colleague of Solomon b. Abraham Adret and in 1305 became the rabbi of Toledo. Asher fought for a long time the study of philosophy which had become popular. His dislike of philosophy was the result of what he saw on his move through different countries to Toledo. He saw that people were abandoning the study of Torah for the study of philosophy. He enacted a ban against the study of philosophy and against those practices which resulted from Christian influences.
The responsa of the Rosh reflect both the modesty and humility of Spanish scholars. Asher had a great deal to do with meshing German minhag, custom, with Spanish halakhah, law. Asher, an outstanding halakhic authority, thereby gave authority to the French and German codifiers. Rabbenu Asher was not afraid to disagree with the rishonim (early authorities, see footnote 16) or the geonim (see footnote 19) when the talmudic source disagreed with them. Asher was known to be lenient in matters not specifically forbidden in the Torah if it was for the sake of peace, but he was strict against developments that harmed communal life.
Asher wrote the following halakhic works: Piskei ha-Rosh (known also as Hilkhot ha-Rosh and Sefer ha-Ashrei), a work modeled after Alfasi. He summed up decisions of earlier codifiers and it covered most of the Talmud tractates; a collection of responsa, which was published in Constantinople in 1517, contains over one thousand responsa in one hundred, eight chapters. These responsa give a picture of what German and Spanish life was like during his time; commentaries on the Mishnayot to the orders of Zera'im and Tohorot; Tosafot which is basically what he taught at the yeshivah and covered virtually all the tractes of the Babylonian Talmud. (See the introduction to this thesis for a placing of Asher b. Jehiel and his work among the other codifiers of Jewish law.)
Encyclopaedia Hebraica, E. J., v. 3, pp. 706-08.
Sefer ha-Ittur was written by Isaac ben Abba Mari of Marseilles who lived from approximately 1120 to approximately 1190. He was a rabbinic scholar in Provence and Spain who studied under his father Abba Mari b. Isaac. He later went to Barcelona as an honored and respected halakhic authority. He wrote a number of halakhic commentaries but he is best known for his Sefer ha-Ittur which is an encyclopedic work of the main halakhic laws which are of practical application. The first part deals with financial and divorce bills. It is arranged according to subject matter but following a mnemonic acrostic Tashkef be-Geza Ḥokhmah, תשקף בגזע חכמה, "Consider the Root of Wisdom". Each letter represents a certain concept. "ת" stands for tenai, "condition", "ש" for shover, "receipt", and "ק" for kiyyum, "authentication", etc. The second part includes laws for the preparation of meat, sheḥitah (animal slaughter for food), circumcision, tefillin (prayer phylacteries), marriage benedictions, ẓiẓit (prayer shawl), and a separate section entitled "Ten Commandments" which contains ten positive commandments which must be performed at specific times. This arrangement is unique to halakhic literature. Isaac b. Abba Mari used a vast knowledge of geonic (see footnote 19) literature in his work as well as decisions of scholars from Spain, Germany, and northern France. He made great use of the Jerusalem Talmud. Sefer ha-Ittur became an authoritative halakhic work for rabbinic authorities of Spain and Germany. Naḥmanides often made use of it.
Editorial Staff, E. J., v. 9, pp. 12-13. But if one knows that his words would not be listened to he should not say publically that they (the women) should be admonished except once. But he should not increase the admonishing since he knows that they (the women) will not listen to him. However, in private a man is obligated to admonish him (the transgressor) until this transgressor beats him (the admonisher) or curses him, (ר״ן ס״פ הבע״י).63Rabbenu Nissim, the end of (the talmudic) chapter Haba al Yevamot, "One who has intercourse with one's sonless deceased brother's wife who is to marry the levir", ר״ן ס״פ הבע״י. Yevamot, יבמות, "Levirate Marriages" is the first tractate in the order of Nashim (women) in the Mishna, Tosefta, the Babylonian and Jerusalem Talmuds. The Mishna contains sixteen chapters and although it primarily deals with levirate marriage, it also contains other laws pertaining to women. The Tosefta has fourteen chapters. The laws are basically the same as in the Mishna but the order is different.
Editorial Staff, E. J. v. 16, pp. 775-78.
For Rabbenu Nissim, ר״ז; see footnote 47.
אם הפסיק מאכילתו בעוד היום גדול יכול לחזור ולאכול כל זמן שלא קבל עליו התעני': הגה ועיין לעיל סימן תקנ"ג דאם קיבל בלב לא הוי קבלה: If one stops eating while still much of the day is left, one is able to go back and to eat at any time as long as he has not accepted upon himself the fast.
Hagah: See above, chapter 653 if he accepted the fast in his own heart, this is not (a legally valid acceptance) (without pronouncing the words publically).64According to the Shulḥan Arukh, Oraḥ Ḥayyim, chapter 653:1 which is among the laws of Tishah be-Av (the Ninth day of the month of Av) which is a fast day, one is permitted to eat again even after he has eaten the last meal before the fast (Se'udah ha-mafseket, see footnote 41) as long as he has not publically declared that he would not eat any more food that day until the actual fast day had begun. If a person did publically declare that he had begun his fast, then it is legally binding on him and he is not permitted any more food until the fast day is over except for reasons of health (which will be discussed below in chapters 617-18 of the translation of the text). According to Isserles, the laws of Tishah be-Av in this respect are the same as on Yom Kippur.
בערב יום הכפורים אין לו לאכול אלא מאכלים קלים להתעכל כדי שלא יהא שבע ומתגאה כשיתפלל: הגה וכן אין אוכלים דברים המחממים את הגוף שלא יבא לידי קרי וכן אין לאכול מאכלי חלב שמרבים זרע אך בסעודת שחרית נוהגין לאכלן. (מהרי"ל): On the Eve of Yom Kippur one only is to eat light foods that are easily digestable, so that one will not be satiated and feel well satisfied during prayer.
Hagah: And likewise one must not eat things that heat (stimulate) the body so that one does not come to an accidental emission, and thus one should not eat dairy food because it increases the semen, but for breakfast it is customary to eat (dairy products,) (מהרי״ל).65Maharil, מהרי״ל; see footnote 8.