1 The officers themselves, however, cannot act spontaneously,
but must follow direct orders from the judiciary. Cf. Shemos, 5:14.
(M).
2 Tanchuma, 2.
3 {Hebrew Ref} is not
translated as "gateways," but as "cities." (S.C.)
4 Sifrei,
16:1.
5 But not ".
6 A supreme tribal court held
jurisdiction over its particular tribe, much as the Supreme Sanhedrin
court in Jerusalem exercised jurisdiction over the entire nation. Also,
where members of different tribes inhabited the same city, a separate
court was established for each tribe. (Ramban)
7 Sanhedrin, 16:b.
8 The commandment here for justice
is not addressed to the judges themselves, but to those who appoint
them, admonishing them to choose the proper magistrates. This is
indicated by the third person usage, ".
9 Sifrei, 16.
10 And certainly not in the
decision itself, as already prohibited by "Do not pervert justice."
(S.C.)
11 Shevuos, 30:a.
12 As indicated by the next
phrase, "for bribery blinds the eyes of the wise", i.e., impairs
their judgement, even when they attempt to judge fairly. (M. Cf.
Shemos, 23:8)
13 Sifrei, 16.
14 Kesubos, 105:b.
15 The words of the Torah. (M)
16 This is directed to
the litigants, not the judges, as indicated by "pursue justice,"
rather than "adjudicate justly." (G.A.)
17 Sifrei, 16:4.
18 As commanded above, v. 18, "Judges and police officers, etc.,
who will judge the people, etc.." Our verse promises life and land to
everyone as a reward for that mitzvah, which is incumbent on all the
people; but not for the pursuit of pre-eminence mentioned above in our
passage. That is localized to those individuals involved in litigation,
and could, therefore, not be the source of merit for the entire
nation.(M.)
19 Falsehood and deceit are temporal, but truth
endures. Thus, in the merit of honesty in judgement, the people will
endure on the land. (G.A.).
20 Sifrei, ibid.
21 This is
evident from the Torah's mention of planting, rather than worshipping.
(G.A.)
22 Sifrei, 16:5.
23 The verse should be understood as if it had stated "[Do
not plant, etc.,] 'and' any tree, etc.." (M.) The word 'and' is
omitted from the text, to draw a distinction between the 'any tree' and
the 'asherah' prohibitions. The 'any tree' prohibition applies to a
tree planted for any purpose, within the area of the Temple mount. The
'asherah' is a tree planted for worship and it is forbidden anywhere.
(G.A.)
24 The structure restriction was originated by Rabbinical
decree, based on the phrase " {Hebrew Ref} ," lit. "any wood,"
which suggests that any wooden structure may be included in the
prohibition. The tree planting prohibition is Biblical, as indicated by
the plain meaning of " {Hebrew Ref} ," "any tree." The Torah
prohibits this because it was customary for idolators to plant trees
near their altars, as a gathering place for the worshipers. (Rambam,
Avodah Zara, 6:9) Sifrei, however seems to indicate that both the tree
and the structure restrictions are Biblical. The reason: the Temple
mount must be consecrated exclusively to the Temple itself. (G.A.)
25 Sifrei, ibid.
26 But this cannot refer to a monument
erected for the sake of idolatry, since Rashi below explains that the
monument was cherished during the times of the patriarchs. (S.C.)
27 Sifrei, 17:6.
28 The monolithic altar was used universally
in the Canaanite ritual, but the other altar forms only occasionally.
(M., from Ramban)
29 Sifrei, ibid.
30 An offering is
disqualified as "pigul" if its sacrificial rites were performed with
the intention that it be eaten or burned after the prescribed time
limit, or outside the prescribed area. The Torah in Vayikra
31 {Hebrew Ref} , lit. "anything bad," is redundant here, as the blemish
disqualification has already been mentioned. Thus, {Hebrew Ref} is
reinterpreted as "pernicious statement," alluding to the statement of
intention to eat or burn the offering beyond the prescribed parameters.
(S.C.)
32 Not necessarily verbal. A mental "statement" of
improper intention disqualifies as well. (M)
33 Sifrei, 16:8.
34 Zevachim, 76:b.
35 When King Ptolemy ordered the sages
to translate the Torah, they added "to worship" to the text
[Megillah, 9:b], so that the king would not misconstrue "which I did
not command" as an indication that that there are heavenly bodies
which were not created by G-d's command. (Rashi there)
36 {Hebrew Ref} is interpreted as {Hebrew Ref} ,
"consistent." The interrogation of the witnesses did not reveal any
inconsistency in the testimony. However, Radak interprets {Hebrew Ref}
as "correct." The examination of the witnesses proved that the
assumption of guilt was correct.
37 Our verse.
38 Verse
2.
39 As in v. 18, above. But not literally "your gates," as
in 6:9. (S.C.)
40 So that if one witness is disqualified as a relative to the
defendant, or for some other reason, the other's testimony cannot
stand.
41 And if one is disqualified as a relative, the
testimony offered by the other two is invalidated, although neither is
personally disqualified. This applies only when each witness testified
in immediate succession to the one preceding. (M., from Makos, 5:b)
42 Even if convicted of falsifying their testimony.
43 To the
very penalty they proposed for the innocent defendant---in this case,
capital punishment.
44 Witnesses proven to have conspired
against the defendant by fabricating their testimony. Concerning them,
the Torah mandates "Do to him as he conspired to do to his brother"
(Devarim, 19:19).
45 When all three testified in immediate
succession, none may be punished under the "as he conspired" rule,
unless all were proven to have conspired against the defendant by
fabricating their testimony. (M., from Makos, 5:b)
46 Rashi's remarks seem to digress from the Talmud's
interpretation (Sanhedrin, 87:a), 'Between menstrual blood and birthing
blood'. However, the two interpretations may be reconciled. The
Talmud's reading of our passage is not literally " 'Between'
menstrual blood and birthing blood," but " 'Whether concerning'
menstrual blood or concerning birthing blood." There are two separate
unresolved rulings, one concerning menstrual blood, and another
concerning birthing blood. Rashi explains that the unresolved ruling in
each of them is 'between unclean blood and clean blood'---i.e., the
lower court cannot determine whether certain menstrual blood is unclean
or clean. Or, whether certain birthing blood is unclean or clean. (M.
See fns. 47, 48)
47 Sanhedrin (ibid) interprets, 'Between a
capital punishment decision and a monetary decision,' meaning that the
unresolved decision concerns either capital punishment, or monetary
affairs. Rashi explains the unresolved issue in either case---the lower
court is unable to determine whether the proper decision is 'not
guilty' or 'guilty'. (M. See fn. 46)
48 Sanhedrin (ibid)
interprets 'Between human leprosy, and structural and clothing
leprosy.' Rashi indicates that the unresolved issues are whether
certain leprosies in each of these categories are unclean or clean. (M.
See fns. 46, 47)
49 'Between blood and blood, etc.' refers to
matters which the lower court could not decide for lack of expertise.
'Matters under dispute' refers to matters which the lower court could
not decide because of conflicting opinions. (M)
50 Outside the
Holy Land. In Eretz Yisroel, however, Ein Eitam was higher. Or, the
walls of the Temple, which were one hundred amohs high, rose above Ein
Eitam. (S.C., from Tosafos to Sanhedrin, 87:a)
51 Sifrei, 17:19.
52 Otherwise, "during those days" is redundant---is it
possible to approach a judge from another day? (Rosh Hashanah, 25:b)
53 That something traditionally permitted is forbidden.
54 Something traditionally forbidden is permitted. This
applies even when the tradition was established by greater sages than
those presently ruling. In order to avoid factionalization, Torah law
for each generation is subject to the interpretation of the supreme
Sanhedrin then sitting at the Temple Mount (G.A.). The Sanhedrin is
guided by Divine inspiration in reaching its decision. (M.)
55
Another version of the Rashi text: "Certainly, 'that' he tells you,
etc." Certainly, you should assume that he tells you that right is
right and left is left---i.e., that his decision is correct, and the
mistake is yours. (D.D.)
56 Sifrei, 17:24.
57 When all
the people make the pilgrimage to the Temple.
58 Sanhedrin,
89:a. At the trial and execution of the rebellious son (21:15--21), the
Torah also states "Let all of Yisroel hear" (v. 21), yet Rashi
(there) does not require that the execution take place during the
festival, merely that the court issue a proclamation announcing that it
occurred. Because that execution is a local matter, performed by a
municipal court without national jurisdiction or access to national
gatherings. In our passage, however, the trial and execution of the
person rebelling against the Sanhedrin were performed by that supreme
national tribunal itself, which sat at the Temple mount, where the
people gathered during the festival. Since the Sanhedrin exercised
national jurisdiction, and convened where the nation gathered, they
were required to perform the execution in a national setting. (G.A.)
59 Which may be unlimited, so long as the horses are used for
travelling. The prohibition applies only to unused horses, acquired by
the king merely for the sake of possession. This is derived from "for
himself." (Sanhedrin, 21:b)
60 To live permanently, in order to
arrange for the steady supply of horses. However, visiting Egypt for
business purposes, or even living there temporarily is permitted. (M.)
61 Melachim 1, 10:29.
62 Shmuel 2, 12:8.
63 Sanhedrin, 21:a.
64 His
guard, attendants, etc. The prohibition applies only when he
accumulates unneeded wealth, as indicated by "for himself." (M.,
G.A., from Sanhedrin, 21:b. Cf. fn. 59)
65 "When he occupies
his royal throne" is otherwise redundant. Obviously, the Torah scroll
obligation applies only after he ascends the throne. (S.C.)
66
Sifrei, 17:34.
67 The king was required to have a second copy of
the Torah, in addition to the scroll required of each commoner. The
scroll he owned before his appointment as king was stored in the
treasury, and the royal scroll accompanied him. (M.)
68 Sanhedrin, 21:b.
69 All the commandments. Since they
are already mentioned here, 'straying from the commandment' in the next
verse (20) is evidently not general, but refers to a specific
mitzvah---that of obeying the prophet, as Rashi interprets there.
(S.C.)
70 The other, more difficult commandments were already
mentioned in v. 19. (M., G.A. See fn.70)
71 Since Scripture
promises a lengthy reign as a result of not straying, the implication
is that a shortened reign will result from straying. Hence, a king who
strays cannot enjoy a natural tenure---i.e., neither especially long
nor especially short---but must suffer curtailment of his reign. (G.A.)
72 As if the negative had been stated specifically.
73 Shmuel made this derivation when he informed Shaul that his
reign would not endure. (M)
74 Shmuel 1, 10:8.
75 Ibid,
13:8.
76 Vs. 13,14.
77 In wisdom and piety. If lacking in
wisdom, he is appointed and taught. If lacking in piety, he is
disqualified. (M., from Rambam, Melachim, 1:7)
78 And may take
office without having been annointed. However, a royal scion may be
anointed to discourage pretenders to the throne. (Horiyos, 11:b)
79 Although all could receive the priestly gifts (Vayikra,
6:11), only the physically sound were qualified to perform the
sacrificial services. Hence, the Israelites naturally favored them with
their gifts, to the detriment of those who were blemished. Still, even
the blemished ones could not share in the land, and depended on the
gifts for their sustenance. (S.C.)
80 Sifrei, 18:40.
81
Ibid.
82 Another version of the Rashi text: The supremely sacred
offerings.
83 Sifrei, ibid.
84 This explains why v. 2
repeats that he will not have an inheritance, when v.1 already said
this (as Rashi interpreted above, "There will not be .
85
18:41. The exposition addresses the repetition in v. 2. (M)
86 See
Ramban.
87 There were seven Canaanite nations living in the land
inherited by the Israelites (See Bereishis, 15:20,21). What is meant by
"the inheritance of five"? And who were "the remaining ones"? (M)
88 To the west, until the Mediterranean Ocean.
89 East of the river Yardein. This territory had already been
conquered by the Israelites (Bemidbar, 21:21--35), and appropriated to
Gad, Reuvein, and half of Menashe (Ibid, 32:33).
90 To the
territory denied to the Levi'im.
91 Edom, Moav, and Ammon. Their
lands were not included in Yehoshuah's conquest, but G-d promised
Avrohom that they would be inherited by his descendants in the future.
See Bereishis, 15:19, Rashi there.
92 Denying the Keini, Kenizzi
and Kadmoni territory to the Levites.
93 Above, 10:9.
94
Sifrei, Bemidbar, 18:54. This supports Rashi's interpretation of "the
inheritance of the remaining ones" as referring to the land of the
Keini, Kenizi, and Kadmoni, in addition to "the inheritance of five,"
which refers to Eretz Yisroel proper, west of the Yardein river. Still,
why is there no Biblical injunction prohibiting the Levites from
inheriting the land of Sichon and Og, described by Rashi as "the
territory of two nations"? Evidently, because that territory had
already been apportioned to Gad, Reuven, and half of Menashe (See fn.
11), making it unnecessary to exclude the Levites. (G.A.).
95 Bemidbar, 18:20.
96 A Kohen is not required to give
gifts to his fellow kohanim. (M)
97 Toras Kohanim, 22:129. The
word {Hebrew Ref} includes wild animals. The Torah's choice of "an
ox or a sheep," rather than {Hebrew Ref} , indicates that wild
animals are excluded. (M)
98 Chulin, 134:b.
99 As the
tongue is attached to the jaw, it is naturally included when the jaw is
removed. (G.A.)
100 Of Pinchas, who executed Zimri as he sinned with a
Midianite woman, and was rewarded with membership in the priesthood.
(Bemidbar, 25:6--13). The priestly gifts of the foreleg, the jaw, and
the maw commemorate his heroism.
101 Ibid. v.7.
102 Tehilim,
106:30.
103 V. 8.
104 Sifrei, 18:46.
105 Terumos,
4:3.
106 Yechezkel, 45:13.
107 The eiphah is
comprised of three seahs. (M)
108 The "Chomer" is a
kur. (M)
109 Yerushalmi, Terumos, 4:3.
110 Not "the first shearing," meaning that the entire first
shearing should be given to the Kohein, but "the first of" the
shearing, meaning that a portion of the shearing should be given.
(G.A.)
111 Chulin, 137:b.
112 Shmuel 1,25:18.
113 Lit.
"five sheep which were caused," read homiletically as "five sheep
which cause"---the first shearing obligation. See Rashi to Chulin,
137:a.
114 Sifrei, 18:50.
115 Ibid., 51.
116 Not to
the kohein.
117 Thus teaching, from "They shall eat equal
portions" (v. 8), that all the Levites are to share equally in the
tithes set aside for them, just as the kohanim share equally in
the Temple sacrifices. (G.A.)
118 V. 7. This refers to the sacrificial services. Only the
kohanim could perform them.
119 Sifrei, 18:52.
120 "With
all his soul's desire" indicates that the sacrifices are his own.
(L.H.)
121 The kohanim were divided into rotating work
groups, with each group, or "watch," exclusively performing the
Sanctuary services for one week. Our passage permits all kohanim
to offer their personal sacrifices at any time. (See Rambam, K'lai
Hamikdash, 4:3,7.)
122 In addition to the personal offerings
permitted for the visiting kohanim, as derived from "with all
his soul's desire," the Torah also permits the visitors to offer the
special festival sacrifices. This is derived from "He shall perform
the services.
123 Of the olah offerings.
124 The special
festival sacrifices in which the visitors could share were either
olah or sin offerings. (Bemidbar, 29). The kohanim received
the skin of the olah and some of the flesh of the sin offering.
(M)
125 See Taanis, 27:a, Rambam, K'lei Hamikdash, 4:3.
126
Sifrei, 18:53.
127 Ibid., 55.
128 Sanhedrin, 64:b.
129 Hoshea, 4:12.
130 Sifrei,
18:59.
131 Sanhedrin, 65:b.
132 Ibid.
133 Ibid, 65:a.
134 Ibid.
135 Ibid, 65:b.
136 According to another
opinion, one who abstains from food and spends the night in a cemetery,
to attract demons. (G.A., from Sanhedrin, 65:b.)
137 Sifrei,
18:64.
138 "With the Lord.
139 Sifrei, 18:66.
140 "Has not given you" infers
that G-d has already indicated in the past that the Jews must shun the
occult. When was this? When He visited the prophets and the oracle,
indicating that you should trust Him, not the occultists. (M., G.A.)
141 But not a prophet as great as me. No prophet will ever be as
great as Moshe. (M., G.A. See 34:10.)
142 According to Sifrei,
"like me" refers to Moshe's fearlessness in demanding that Pharaoh
free the Israelites. Like Moshe, the prophets who succeeded him were
fearless. Although none were as great as Moshe, they were all
instruments for conveying the word of Almighty G-d, and were thus never
intimidated by mortal threats. (G.A.)
143 So that the prophetic
alternative to the occult guaranteed here would apply in every
generation (M.)
144 Sanhedrin, 89:a. Rather than "which I did not instruct to
say," Scripture states "which I did not instruct 'him' to say"---but
I instructed his fellow. (G.A.)
145 Ibid.
146 All executions in the Torah are by asphyxiation, unless
otherwise specified. (M)
147 This is derived from "which I did
not instruct him to say." (M., from Sanhedrin)
148 From "which
I did not instruct 'him' to say"---but I did instruct his fellow.
(Ibid. See fn. 66)
149 From "in the name of a foreign idol."
(Ibid)
150 {Hebrew Ref} , "Who does not listen" (v.
19), is read homiletically as {Hebrew Ref} , "who does not
make known." (M)
151 From "who does not listen." (Ibid)
152
Ibid.
153 V. 19.
154 Sanhedrin, ibid.
155 {Hebrew Ref} , rather than {Hebrew Ref} , implies "when," not "if." (M.)
156 Chananiah foretold that the vessels would be returned from
exile, but the true prophet Yirmiyahu prophesied that more exile would
follow.
157 Yirmiyahu, 27:16.
158 Ibid, vs. 19--22.
159
Sifrei, 18:71.
160 Provided the prophecy was stated as a certainty, and
predicted something beneficial. However, if punishment for sinners was
predicted, then their repentance may prevent the fulfillment of the
prophecy, as with Yonah and the people of Nineveh. (G.A.)
161 13:4.
162 Melachim, 1, 18:23.
163 V. 15. This also obligates the
people to obey the prophet when his instructions do not affect the
Torah's commandments. (M)
164 Sifrei, 18:68.
165 For fear that you may be mistaken, and will be punished for
executing a true prophet, as Rashi explains. However, if he is
definitely guilty, fear is totally inapplicable. (G.A.)
166 So
that the fugitive does not take the wrong road. (S.C.)
167 Makos,
10:b.
168 Sifrei, 19:73. Although there were four sections from
border to border, Scripture describes this as three divisions. Because
each of the three cities serviced an area equalling one half of the
width of the country, with one quarter on each side. Thus, the country
was divided into three equal refuge areas. (G.A.)
169 Shmuel 2,
6:6.
170 Makos, 7:b.
171 "So that the journey is not too lengthy" indicates that
the subject here is the easy availability of escape from the
blood-redeemer---the directions along the route, and the ample number
of cities, as mandated in v.3. (G.A.)
172 Bereishis, 15:19.
173 Sifrei, 19:82.
174 Sifrei, ibid.
175 Vayikra, 19:17.
176 Sifrei,
19:83.
177 Otherwise, how could one be compassionate with a deliberate
murderer? (M., G.A.)
178 Yeshayah, 42:17.
179 Vayikra,
19:13.
180 Sifrei, 19:86.
181 Otherwise, why must our passage
specify "one" witness? (G.A.)
182 Sotah, 31:b.
183 {Hebrew Ref} refers to wilful violation, which engenders corporal or monetary
punishment. {Hebrew Ref} refers to unintentional transgression,
which must be absolved by the bringing of a sin-offering. The testimony
of a single witness is not accepted as sufficient evidene to require
any of these. (G.A.)
184 Otherwise, the Torah would simply have
stated that a single witness cannot rise up at all. By specifying that
he cannot rise up to testify concerning sin and transgressions, the
Torah teaches that only punishments are beyond him, but not the oath
requirement. (M.)
185 Sifrei, 19:87,88.
186 However, testimony recorded on a legally binding document,
such as a promissory note or a bill of sale, is valid. (G.A.) According
to some opinions (Rambam, Eidus, 3:4), the validation is by Rabbinical
decree.
187 Although the witnesses are testifying verbally, they
fail to fulfill "by the word of .
188 Sifrei, ibid.
189 {Hebrew Ref} , "turned aside." The witness was turned aside, or dissociated
from his own testimony.
190 It is not only his testimony that is
refuted, but his very presence at the scene of the incident he claims
to have witnessed.
191 The new testimony discrediting the first
witnesses is accepted. Although the first witnesses claim that they
were at the scene, their testimony is invalid, as it concerns
themselves. (Tor Choshen Mishpat, 38). This is not the rule, however,
if the new set of witnesses did not question the presence of the first
ones at the scene, but contradicted their version of the incident---for
example, if a set of witnesses testified that someone borrowed money,
then others testified that he did not borrow. Here, both sets are
equally valid. Hence, they nullify one another, and the court
disregards all testimony. (M., G.A., from Tor, ibid.)
192 Makos,
5:a.
193 Any number of people may be involved in a court dispute.
Why two? (M., G.A., from Shevuos.)
194 Shevuos, 30:a.
195 The witnesses have already been mentioned. This teaches
that the litigants, too, must stand (G.A.), as if it had said, "The
two men shall stand, 'and' those who are involved. etc." (M.)
196
Sifrei, 19:90.
197 Tehilim, 82:1.
198 Sifrei, ibid.
199
Rosh Hashana, 25:b. Cf. Rashi above, 17:9. There, the teaching is that
every judge in his time must be obeyed. Here, that he must be honored.
(S.C.)
200 But not at the witnesses themselves. Even if
cross-examination exposes them as liars, they are not subject to the
punishment in v. 19, which applies only when a second set of witnesses
testified that the first were absent from the scene. (M.)
201 By
testifying that they were with them at another location. Cf., Rashi to
v.16.
202 This consists of determining the alleged date and
location of the incident, and examining the testimony for
inconsistencies through cross-examination.
203 Sifrei, 19:90.
204 Sotah, 31:b. Rashi has already derived this in v.15. Still, both
derivations are necessary. In verse 15, the subject is the validity of
testimony. It teaches that wherever "witness" is mentioned as a
source
205 Makos, 5:b. Since the spirit of
G-d resides with the judges (see Rashi to v. 16), the court cannot have
executed an innocent man. The victim of the conspiracy who was actually
executed must have been guilty of some other capital crime. (Ramban)
206 By testifying that she committed adultery.
207 Vayikra,
21:9.
208 Sifrei, 19:95.
209 Sanhedrin, 89:a. With the elder
who defies the Sanhedrin (above, 17:13), Rashi requires that the
execution be delayed until the festival, in the presence of all the
people. Here he omits this. Because the trial and execution there are
conducted under the jurisdiction of the Sanhedrin, the supreme national
tribunal sitting in Jerusalem at the Temple Mount, where the people
gathered during the festival. Here, however, the execution of the
conspirators may be under the auspices of any local tribunal, without
national jurisdiction, or access to the Temple Mount. (G.A. See fn. to
17:1.)
210 Sifrei, 19:96. "Hand for hand" is interpreted as
referring to money, which is passed from hand to hand. (G.A., from Bava
Kama, 84:a).
211 Next to "eye for eye, tooth for tooth," etc.
212 Conversely, injustice brings on enemy attack. (G.A.).
213 Tehilim, 119:121.
214 Tanchuma, 15.
215 Otherwise,
why specify that the war is against enemies? (M., G.A.)
216 Even
after you have taken them captive. Verse 13 (below) refers specifically
to a beseiged city, our verse, to open warfare. (M., G.A.).
217
Tanchuma, ibid.
218 Shoftim, 6:16.
219 Shemos, 15:19.
220 Tanchuma, 16.
221 "Horse and chariot" indicates that they
are all as one. Why are they now numerous? (M.).
222 Tanchuma,
ibid.
223 At the edge of enemy territory. But not when you approach
actual warfare. Then, it is too late for the preparations enumerated
here. (G.A.).
224 Sifrei, 20:100.
225 He was commissioned
especially for the pre-battle proclamation.
226 Sotah, 42:a.
227 "And speak to the people" is compared to "Moshe spoke"
(Shemos, 19:19.) Just as Moshe spoke in Hebrew, so did the kohein.
(Sotah,) ibid.
228 The kohein has approached the
people and is addressing them directly. Why say "Hear Yisroel"? (M)
229 Sotah, ibid.
230 This is derived from "your enemies."
(G.A.)
231 Divrei Hayamim 2, 28:15.
232 Sotah, ibid.
233 Sifrei, 20:102.
234 Sotah, 42:a.
235 G-d Himself is omnipresent. The
reference must be to the ark. (S.C.)
236 Ibid.
237 The
anguishing thought could make the owner crestfallen, and result in his
death in battle. (G.A.)
238 Vayikra, 19:24,25.
239 Anointed for warfare.
240 Loudly for all the soldiers
to hear.
241 Sotah, 43:a. See Rambam, Melachim, 7:3.
242 As the kohein has assured the warriors that G-d
marches with them, why is anyone afraid? Because their transgressions
make them unworthy of G-d's protection. (G.A.)
243 Only
transgressors should fear death. Why, then should these return? (G.A.)
244 Sotah, 44:a.
245 Ibid.
246 But not to the war the Israelites were
required to wage against the Canaanite nations which inhabited Eretz
Yisroel. Ramban (here) asserts that the peace overture mandated in our
verse applied to the Canaanites as well. It is only if the overture was
rejected that the Torah differentiates between them and the distant
cities. Then, the women and children of the distant cities may be
spared (v.14), but not those of the Canaanites (v. 16).
247 V.
15.
248 Sifrei, 20:115.
249 Sifrei, 20:119.
250 The
tribute consisted of service to the king. The servitude, service to any
particular Israelite, who was required to pay them. (Ramban).
251
Sifrei, ibid.
252 Sifrei, 20:120.
253 Ibid.
254 Ibid.
255
Sifrei, 20:121.
256 The Girgashites are not mentioned explicitly because they
had already fled the land. (See Rashi to Shemos, 33:2). Still, they are
included, to teach that any remaining Girgashite individuals were also
subject to annihilation. (S.C.)
257 Despite their utter
corruption, you may accept them as converts. (G.A.)
258 Sifrei,
20:123.
259 The discussions with the members of the beseiged
city, which last for three days, are not appropriate during the Sabbath
day of rest. (S.C.)
260 Two or three, depending on circumstances. For example, if
reinforcements may arrive on the third day to aid the besieged city,
the peace overture ends beforehand. (G.A.)
261 Shmuel 2, 1:1.
262 Sifrei, 20:124. This is derived from "to occupy it." In a war
with the Canaanites, the purpose would be to destroy it. (M).
263
You would make an example of a man who escaped the famine and suffering
in the city, and destroy him, to frighten the other inhabitants into
remaining there. Does the tree also deserve to be destroyed, to show
that its place is in the city? (M)
264 But not "until it
descends," from {Hebrew Ref} , "descent." Descent would be
appropriate for the walls of the city, but the reference here is to its
inhabitants. (M.)
265 This is indicated by "your elders," rather than "the
city's elders." (M., G.A.)
266 Sotah, 44:b.
267 Although
not explicit, this is obvious. (M.)
268 Sifrei, 21:135.
269
The measurement is not ceremonial, but is a means of determining which
is closest. Once this is determined, there is no obligation to measure
further. (M.)
270 Sotah, 45:b.
271 This is derived by comparison with {Hebrew Ref}
(Vayikra, 5:8), which refers to severing the nape. (Sotah, 46:b).
272 Even if the murdered man was incapable of fathering children. The
reference here is to the fruitfulness of a life of mitzvos. (S.C.)
273 Sotah, 46:a.
274 Sotah, 45:b.
275 Sotah, 46:a. Otherwise, why were the
kohanim asked to come forth in v.5? (Rashi, there)
276 Sotah,
46:a. Although the elders have already washed their hands, the people
require absolution, since all Israelites are intertwined and mutually
accountable. (M., G.A.)
Chapter 16 - Text Notes
Chapter 17 - Text Notes
Chapter 18 - Text Notes
Chapter 19 - Text Notes
Chapter 20 - Text Notes
Chapter 21 - Text Notes
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