1 Sifrei, 21:1.
2 Obligatory.
3 Among the
seven Canaanite nations inhabiting Eretz Yisroel during the conquest
(20:16.). But perhaps Scripture refers to a non-Canaanite woman
captured during the obligatory conquest of Eretz Yisroel? Marriage with
such a woman would not be permitted, since virtually all of the women
in the country would lose their lives. The Torah does not relax the
laws of modesty, even during battle, with temptation limited to only a
tiny handful of women. (M.)
4 The word {Hebrew Ref} ,
"prisoners from them."
5 Individual.
6 The
non-Canaanite nations with whom you waged war.
7 Slated for
annihilation as national groups [20:16]. (Sifrei, 21:2). Scripture has
already spared the lives of individual Canaanites (20:11). Our passage
includes them in the wartime marriage dipensation. (G.A.)
8
Kidushin, 21b.
9 After spending a month at the soldier's home
(v. 13), and converting to Judaism. Until then, however, intimate
relations are prohibited. (Rashi to Kidushin, 22a). The anticipation of
eventual marriage will enable the soldier to subdue his passion
beforehand. (Tosafos, there).
10 A grave transgression, as a Jew engaging publicly in
relations with a Gentile woman is subject to immediate "execution by
the zealous" [Rambam, Isurei Biah, 12:4]. (G.A.)
11 In defiance
of the spirit of the law, which does not recognize conversion under
duress, except in our case, as the lesser of two evils. (Tosafos, ibid)
12 ."
13 v. 18. Even if she should eventally convert
willingly, she will always sympathize with the religion she was forced
to abandon, and her children will thus be rebellious. (G.A.)
14
Tanchuma, 1.
15 Kidushin, 21b. Extra-marital relations for
Gentiles are prohibited, from (Bereishis, 2:24) ."
16 See Bereishis, 1:7.
17 Sifrei, 21:7.
18 Thus,
the discarding of the garb is in keeping with the other directives, in
this verse and in v. 12, designed to make her unattractive. (M)
19
Sifrei, 21:8.
20 From the repetition of "your home," already mentioned in
v. 12. (M)
21 Sifrei, 21:9.
22 Why provide a period of
mourning for her idolatrous parents? (M)
23 Sifrei, ibid, 11.
24 From "It shall come to pass." (G.A.)
25 Sifrei,
21:4.
26 Sifrei, ibid, 16.
27 Not doublefold "of all that he
possesses" literally, meaning that the firstborn is to receive two
thirds of the entire estate, regardless of the number of brothers
sharing the inheritance. Rather, doublefold in relation to each
brother, i.e., equivalent to the portion received by two brothers.
(Sifrei, 21:28). Accordingly, since "of all that he possesses" is not
construed as broadening the two thirds to include the entire estate, it
is reinterpreted to exclude uncollected property, as explained in the
following Rashi. (G.A.)
28 Loans repaid by the father's debtors after his demise,
property inherited from his relatives whose deaths followed his, etc.
(M)
29 Sifrei, ibid, 29.
30 Before the magistrates.
(Sanhedrin, 71a). The warning requires the presence of only two
witnesses. "Before three," quoted by Rashi directly from the Mishnah
[there], teaches that the magistrates presiding over the flogging may,
themselves, serve as witnesses to the warning. (G.A.)
31 To be
flogged. The warning mentioned above is purposeless unless directed
towards a specific offense. Rashi, therefore, specifies the offense.
(G.A.). If the gluttony and drunkenness is repeated after the flogging,
the punishment is stoning. (Rambam, Mamrim, 7:7)
32 Equivalent
to the weight of fifty dinars. (Rambam, ibid, 7:2)
33 Approximately 5--10 ounces, depending on the various
opinions concerning the size of a log.
34 V. 20.
35
Mishlei, 23:20.
36 Yet Hagar's son Yishmael, destined for
wickedness, was spared by G-d on the basis of his momentary innocence
(Bereishis, 21:17). Here, the evildoer has already embarked on a
lifestyle leading inevitably to future crime. Yishmael, however, was
then innocent. (M).
37 Committing murder. A single murder is
punished with execution by the sword, but the wayward son is executed
by stoning, the most severe form of capital punishment, as his gluttony
and drunknness will result in multiple murder. (G.A.).
38
Sanhedrin, 72b.
39 Sanhedrin, 89a.
40 Tanchuma, 1.
41 But not
those executed by other methods. (G.A.). Although not specified
explicitly in our passage, stoning is derived from one who "curses
G-d."
42 V. 23. Rashi there interprets "for a hanging corpse is an
affront to G-d," following the plain meaning of the passage. That
explanation is insufficient, however, as no teaching is added to the
overnight prohibition already stated there. Rashi therefore cites the
homiletic "curse" interpretation also suggested by " {Hebrew Ref} ,"
to teach that only those stoned are hanged. (G.A.)
43 Sanhedrin,
45b.
44 From {Hebrew Ref} , "light," "insignificant."
45 Melachim 1, 2:8.
46 Not 'do not conceal it in your
possession without returning it,' but 'do not conceal yourself and
refrain from paying attention to it' (G.A.)
47 "And conceal
yourself" is not a separate phrase sanctioning concealment. (G.A.).
The Rabbis, however, expound the phrase separately, suggesting
concealment in certain cases.
48 If the finder is a kohein,
prohibited from contact with the dead, and the lost animal is in a
cemetery; or, the finder is an elder, for whom leading an animal would
constitute public degradation. They may "conceal" themselves, and are
exempted from retrieving the lost object. (Bava Metziah, 30a)
49 By
requiring that he mention a distinctive mark identifying the object as
his own. This proves that "your brother seeks it"---i.e., that he is
an owner seeking lost property, rather than a thief perpetrating a
swindle. (G.A.)
50 Bava Metziah, 27b.
51 Otherwise, "you must return it to him" is obvious,
therefore unnecessary. (S.C.)
52 So that the value of the object
is returned. (Bava Metziah, 28b)
53 Similarly, the bystander
must assist in unloading the burden from an animal which collapsed
under its weight [Shemos, 23:5]. (Bava Metziah, 32a.)
54 Nazir, 59a.
55 According to R' Eliezer ben Yaakov.
(Ibid)
56 But not shaving. Here, Rashi cites the majority
opinion, dissenting with R' Eliezer ben Yakov. (M., from Nazir, ibid.)
57 Chulin, 139a.
58 Not 'Do not take the mother "with" the young,' inferring
that she may be taken separately, as v. 7 requires that the mother be
sent away. Rather, do not take her "while over" the young. (G.A.)
59 So long as she touches them, but not if she merely hovers over
them. (M., from Chulin, 140b).
60 Why specify the reward only
with this mitzvah? (M)
61 Sifrei, 22:64.
62 V. 9.
63
V. 10. Obviously, the plowing is done in the field.
64 V. 11.
65 Tanchuma, 1.
66 From "someone who should fall." (S.C.)
67 Sifrei,
22:68.
68 Wheat and barley constitute kilayim, and are
prohibited in themselves, even without grapeseed, from Vayikra, 19:19.
The sense of our passage is, 'Do not sow your vineyard "with" a mixed
species'---i.e., with wheat and barley. (Tosafos, Kidushin, 39a)
69
This constitutes a double offense. Once, for planting wheat and barley,
from Vayikra, 19:19, and again, for the two together with grapes, from
our passage. (Tosafos, ibid).
70 When the offending seeds are as
close as seeds sown by the standard hand flung method. (Berachos, 22a.)
71 Yeshayah, 65:5.
72 Pesachim, 25a.
73 "ox''
and "donkey" in our passage represent all animals, by comparison with
."
74 Sifrei, 22:79, 80. Plowing here represents any
burden. (S.C.)
75 From the word {Hebrew Ref} . The first two
letters, {Hebrew Ref} , represent {Hebrew Ref} , "combed." The
next letter, {Hebrew Ref} , represents {Hebrew Ref} , "spun." The
last letters, {Hebrew Ref} , represent {Hebrew Ref} , "woven."
76 Nidah, 61b. See Rashi and Tosafos there.
77 Yevamos, 4a.
78 Otherwise, why mention his hatred? (M)
79 ."
80 From
"this." (M.)
81 Sifrei, 22:89. Actually, Bava Kama (112b)
requires this even in property litigation, from "and a warning was
given to its owner" (Shemos, 21:29), but only during the presentation
of formal charges. Our derivation, evidently, adds the requirement even
during casual conversation. (D.D.)
82 The legal procedure
described here applies when the accused is an orphan as well. Why
mention parents? (M)
83 Sifrei, 22:90.
84 Why doesn't the defendant herself speak? (M)
85 Sifrei,
ibid, 91.
86 A random bloodstain on a cloth is not acceptable
evidence. (G.A.)
87 Sifrei, 22:92.
88 Sifrei, ibid, 93.
89 Not merely that she was not a virgin---that is not subject
to the punishment mandated in verse 21. (M)
90 Kesubos, 44b.
91 Ibid, 45a.
92 The stoning itself, however, is not by the
people, but by the witnesses, as mandated above (17:7), "The hand of
the witnesses shall be against him first." Accordingly, {Hebrew Ref} , lit. "The people of her city" [shall stone her], is read
as {Hebrew Ref} , "[She shall be stoned] in the presence of
the people of her city." (M.)
93 In order to further humiliate
her parents for her faulty upbringing. (G.A.)
94 Sifrei, 22:100.
95 Where the man places his body in contact with the woman
without actual intercourse. (S.C. See Yevamos, 55b)
96 "Both of
them" infers activity which gives both pleasure (M.)
97 Sifrei,
22:102.
98 By committing a new act of adultery. "Even" teaches
that the second adulterer is also liable to capital punishment for
"committing adultery with his fellow's wife" (Vayikra, 20:10),
although his accomplice and her husband may no longer live as man and
wife, as a result of her first adulterous act. (G.A.).
99 Sifrei,
ibid.
100 Erachin, 7a.
101 Sifrei, 22:103, derived from
"in the city." (M)
102 The comparison with murder.
103 That the girl who was
assaulted is blameless, similar to the murder victim.
104 This is
unnecessary, as Scripture states clearly that nothing should be done to
the girl. (G.A.).
105 Murder learns from assault. Just as one may
rescue the assault victim by killing her molester, if necessary; so may
one rescue the murder victim by killing his assailant. (Pesachim, 25b).
106 Kidushin, 67a.
107 His father's wife was already
mentioned. Evidently, this adds someone else. (G.A.)
108 The
widow of his childless brother, whom he is required to marry. (25:5)
109 Vayikra, 18:14.
110 Yevamos, 4a.
111 Verse 3.
Verse 2 does not intervene, as the person with damaged genitals cannot
procreate, and is thus not included among those whose issue may be
mamzerim. (Tosafos to Yevamos, 49a)
112 Execution by heavenly decree, but not by mortals. This
applies to the uncle's wife, as Vayikra 18:29 punishes all incest with
kares.
113 Judicial execution may be considered less
stringent than kares. Still, all judicial cases are also subject
to kares. (G.A.)
114 Sifrei, 23:111.
115 Yevamos,
75b.
116 But he is accepted as a member of the Jewish people.
'Entering G-d's congregation' refers only to marriage. (G.A.)
117 He
is permitted, however, to marry a convert. (M., quoting Yevamos, 77b).
118 But is accepted for conversion. (G.A.)
119 Yevamos,
ibid.
120 Sifrei, 23:114. This is derived from {Hebrew Ref} ,
lit. "Because of the word," the word of advice. (M)
121 Bamidbar,
25:1. Bil'am instructed the Moabites to entice the Jews into idolatry
and immorality.
122 V. 17.
123 Yalkut Shimoni.
124 By refraining from marriage for more than two generations.
(M)
125 Bamidbar, 20:20.
126 For more than two generations.
(M)
127 Shemos, 1:22.
128 Rashi repeats what seems explicit
in the text, to clarify that {Hebrew Ref} does not mean 'you
were a convert to their religion,' but 'you were a stranger.' (L.H.)
129 The famine which forced Yaakov and his children to descend to
Egypt. (Bereishis, 45:11.)
130 Ammon and Moav (v. 4). They also neglected to provide bread
and water, and hired Bilam (v.5). Still, "Because of the matter,"
which alludes to the incitement to sin (see Rashi there), appears first
in the passage, indicating that this is the major factor. (Nachalas
Yaakov).
131 Sifrei, 23:117.
132 The Torah, therefore,
specifies that the precautions be taken during warfare, although they
actually apply at all times. (S.C.)
133 Yerushalmi, Shabbos, 2:6.
134 Like the nocturnal incident. The defilement applies when
there was a daytime emission as well. (S.C.)
135 Sifrei, 23:120.
136 Sifrei, 23:120.
137 As a matter of convenience, to insure purification in case
of a new emission during the day. The immersion may be performed,
however, at any time. (G.A.).
138 Sifrei, 23:121.
139
Bamidbar, 2:17.
140 Meaning outside the camp of the Israelites.
(G.A.). After Aharon's death, the clouds departed (Rashi to Bamidbar,
20:29). Evidently, our parsha was taught before his death. (S.C.)
141 "A slave of the Gentiles." A Jewish slave owned by a
Gentile (M)
142 Gittin, 45a.
143 Sanhedrin, 54b.
144 Thus, Targum does not digress from Rashi's interpretation
of {Hebrew Ref} as a promiscuously immoral woman. (S.C.)
145
Bereishis, 22:5.
146 Sifrei, 23:127.
147 Ibid.
148 The harlot was paid with wheat kernels. Flour gound from
them cannot be used for a minchah offering.
149 Temurah, 30b.
This follows Beis Shamai's opinion there.
150 {Hebrew Ref} is
causative, meaning 'You may not cause your brother to collect usury.'
(G.A.)
151 Vayikra, 25:37.
152 "You may not pay usury to
your brother," and "To your brother, you may not pay usury" (V. 21).
The borrower also tansgresses the prohibition against "placing a
stumbling block before a blind man,' i.e., engendering the lender's
iniquity. Rashi omits this here, as he lists only those transgressions
dealing specifically with usury, whereas the 'stumbling block'
prohibition applies to all the other transgressions as well. (G.A.)
153 Bava Metziah, 70b.
154 Rosh Hashanah, 4b, derives this from 16:16.
155 What
you have articulated
156 {Hebrew Ref} is considered a negative commandment, as if it had said,
"Keep from transgressing. Do not delay." (Rashi to Rosh Hashanah,
6a.)
157 Rosh Hashanah, 6a.
158 This is evident from "but
you may not place it in your container," indicating that the reference
is to a harvester. (M., from Bava Metziah, 87b)
159 Bava Metziah,
ibid.
160 Ibid.
161 Bava Metziah, 89b.
162 "Do not lift
a sickle" indicates that the reference is to the harvester. (M.,
citing Bava Metziah, 87b).
163 Gittin, 90a. Also, in case of
other displeasure, he may divorce her, but without obligation. This is
derived from "something," which infers that arbitrary divorce is
permissible. (G.A., citing Beis Hillel, Gittin, ibid).
164 Gittin, ibid. This is derived from "another." (M)
165
This is derived from the literal "And" [her last husband hates her],
rather than "If." (G.A.)
166 Sifrei, 24:135.
167 Scripture
describes her as "defiled" (Bemidbar, 5:13). Thus, she is included in
our verse's prohibition against marital relations with a "defiled"
wife. (Yevamos, 11b).
168 Scripture does not specify "a maid," but "a new wife."
(G.A.)
169 Sotah, 44a.
170 20:2.
171 Sotah, 43a. This
is derived from "over him"---over the new bridegoom. However, the
military command may impose itself over those exempted by the
kohein.
172 For a year. [S.C.]
173 Sotah, ibid.
174 Any implements, not necessarily
millstones. (M)
175 Bava Metziah, 115a.
176 To the theft.
But not when the only evidence is the discovery of the object in his
possession. (M)
177 Sifrei, 24:139.
178 Mechilta, 21:63.
179 Sifrei, 24:139.
180 Thereby preventing the Kohein
from determining the status of the tzara'as. (M)
181 Makos,
22a.
182 Bamidbar, 12.
183 Sifrei, 24:141. This explains
the relation of our verse to verse 8. (M)
184 Sifrei, 24:144. Actually reclining on the object held as
collateral, however, is a violation of the usury prohibition. (S.C.)
185 Shemos, 22:25.
186 Bava Kama, 114b.
187 Sifrei, 24:144.
188 As well as the poor. (M)
189
Vayikra, 19:13.
190 The root of {Hebrew Ref} is {Hebrew Ref}
, "want," or "desire." (M)
191 Who accepted all 613
commandments and is fully Jewish. (Sifrei, 24:145).
192 Who
accepted the seven Noachide commandments, but not Judaism.
193 Ibid.
194 Ibid.
195 Bava Metziah, 112a.
196 This is evident from the
separate statement, "and you will have a sin." From "So that he
should not complain about you," we derive that the punishment is swift
if he complains. (M)
197 Sifrei, 24:146.
198 Ibid, 147.
199 16:19.
200 "You may not secure" infers that the
lender is suing for collateral, indicating that the prohibition takes
place after the loan is due. The collateral at the time of the loan,
however, which is offered willingly by the borrower, in order to obtain
the loan, is not included here. (G.A.)
201 Since the Torah
specifies "a sheaf." Anything the size of two seahs constitutes a
heap. (M., from Sifrei, 24:149)
202 Peah, 6:6.
203 Less than two seahs. (M)
204 Sifrei, ibid.
205
Peah, 6:4.
206 The farmer was unaware that his produce came into
the possession of the poor. Scripture specifies the blessing here to
include this. (G.A.)
207 Sifrei, 24:149.
208 Just as one
must leave the edge of the field for the poor [Vayikra, 19:9] (Chulin,
131b).
209 Ibid. This is similar to shikchah of the field,
where the farmer cannot return for what was forgotten behind him
[v.19]. (S.C.)
210 But they are not found in every vineyard. (M)
211 Peah, 7:4.
212 Peah, 7:3.
213 Comparable to a
load carried on the shoulder. (G.A.)
214 Seeming to drip onto
each other. (G.A.)
215 This is derived from "If a quarrel should
occur
216 It will exacerbate to the extent that only a court of
justice will be able to settle it. (G.A.)
217 Avraham.
(Bereishis, 13:11).
218 Among the shepherds. (Ibid, v.7)
219
Sifrei, 25:152.
220 V.2.
221 V.4.
222 Makos, 13a.
This excludes, for example, the negative commandment prohibiting
leaving sacrificial flesh uneaten, as that is attached to the positive
commandment requiring the uneaten flesh to be burned. Thus, the person
leaving the flesh uneaten would not be liable to flogging.
223 Makos, 22b.
224 The inference is that the flogging
from behind is greater, at the minimum double. Since no greater amount
is specified, we accept the minimum, and conclude that the flogging
from behind is double the amount at the front. (M)
225 Makos,
ibid.
226 But {Hebrew Ref} .
227 To "forty" at the
beginning of verse 3.
228 Makos, ibid. Why not simply say thirty
nine? To indicate that the criminal actually deserves forty lashes,
corresponding with the days of the creation of the fetus, from
conception until the soul enters on the fortieth day. It is only by
Divine compassion that the number was reduced to thirty nine. (G.A.)
229 Sanhedrin, 85a.
230 Sifrei, 25:153.
231 Cf. 22:10.
232 Similar to
threshing, as specified in our passage. (M)
233 Simply say, "You
may not muzzle while threshing." (S.C.)
234 From the muzzling
prohibition. (Sifrei, 25:154). This permits hiring a workman for
harvesting on condition that he refrain from eating, whereas the ox
must be allowed to eat unconditionally. In the absence of a special
condition, however, the workman must also be permitted to eat. (G.A.)
235 The threshing area, so that the ox remains muzzled afterward
during the threshing.
236 Rather than, "You may not thresh with
a muzzled ox," which would clearly limit the prohibition to the time
of threshing. (S.C.)
237 Of gathering the produce from the field
and placing it in storage, when the tithing obligation begins. Also,
the completion of the work of refining grain for baking---when water is
mixed with the flour. The {Hebrew Ref} obligation then begins.
238 By workmen. With produce of the earth, however, the workman
must be permitted to eat. See fn. 20.
239 Dough.
240 When
the flour and water were mixed.
241 Which became attached while
drying. This takes place after the gathering and storage process was
completed.
242 Bava Metziah, 89a.
243 This is derived from
"reside," not from "together," which is used to exclude maternal
brothers. (M)
244 If his brother died before his birth, yibum
does not apply. (Sifrei, 25:155)
245 Who do not inherit one
another if they die childless, whereas paternal brothers do. (Ibid)
246 Yevamos, 22b. {Hebrew Ref} is sometimes spelled {Hebrew Ref} ,
as in v. 7, {Hebrew Ref} . The superfluous {Hebrew Ref} is expounded
to infer scrutiny. (S.C.)
247 Yevamos, 24a. The end of verse 5, "and perform levirate
marriage with her," is read in conjunction with verse 6, "It shall be
the firstborn," meaning that the oldest brother shall perform levirate
marriage. (Rashi there).
248 Our verse describes the widow to
whom levirate marriage applies. (Yevamos, Rashi, ibid.)
249 The
eilonis is an organically defective woman, incapable of
procreation.
250 Our passage, literally, "shall be established
in the name of his deceased brother," refers to his inheritance, as in
Bereishis, 48:6, "they shall be called by their brothers' name with
regard to their inheritance." (Yevamos, ibid.)
251 Yevamos,
ibid. If his condition was congenital, neither yibum nor
chalitzah apply. If it was introduced after birth, chalitzah
applies. (M., citing Yevamos, 79b.)
252 This is indicated by "to the elders." (M)
253 Yevamos,
106b.
254 Not "in his face." In that case, it would have said,
{Hebrew Ref} , "into his face." Actually, {Hebrew Ref} ,
rather than {Hebrew Ref} , would state more clearly that the
spitting is on the ground. However, Scripture prefers {Hebrew Ref} ,
which may also be interpreted as "in his face," to suggest that the
spitting humiliates him as if she had spit in his face. (G.A.)
255
Yevamos, ibid.
256 Yevamos, 10b.
257 Not "The house of the divesture,
etc." Our passage does not state the proclamation mitzvah, but its
result. As a result of this proclamation, the house will be entitled
"The house of the divesture of the shoe." (G.A.)
258 Yevamos,
106b.
259 Sifrei, 25:160. This is derived from Scripture's
mention first of altercation, then of blows, rather than, simply, 'If a
man strikes his fellow.' (G.A. Cf. v. 1)
260 Bava Kama, 83b.
261 Who testified falsely against
an innocent defendant (19:19).
262 Ibid, v. 21.
263 See
Rashi there.
264 Sifrei, 25:161.
265 Not literally any
stones, but those used for weighing merchandise. (S.C.)
266 Since
both allegedly represent the same weight. However, it is perfectly
legal to have several counterweights representing different sizes, as
one for a liter, another for half a liter, etc. (M.)
267 Sifrei,
25:162.
268 Ibid. "There shall not be in your pocket, etc."
would have been sufficient. The addition of "You shall not have,
etc." teaches this. (M.)
269 Ibid. "You shall have" here alludes to the reward, just
as "you shall not have" above [v. 13] alludes to the punishment.
(S.C.)
270 Because you did not restrict yourself to the proper
measure, your enemies will no longer be restricted to the proper
measure of power allotted to them by the Creator, and they will be free
to harrass you. (G.A.)
271 Mishlei, 11:1.
272 Ibid, v. 2.
273 Tanchuma, 8.
274 Ibid, 9.
275 Ibid.
276 Taunting heaven, as if
to say, 'Here is the commandment you gave to the Jews. Did it save
them?' (M.)
277 {Hebrew Ref} is the same as {Hebrew Ref} ,
"weak," "feeble." (S.C.)
278 Shemos, 17:3.
279 Ibid, v. 8.
280 Tanchuma,
ibid.
281 Ibid.
282 But not the Israelites. Although a few
were ejected by the cloud, the rest were G-d-fearing. (G.A.)
283
Sifrei, 25:167.
284 Shmuel 1, 15:3.
285 This is derived
from "obliterate the memory," which indicates that no trace may
remain. (M.)
Chapter 21 - Text Notes
Chapter 22 - Text Notes
Chapter 23 - Text Notes
Chapter 24 - Text Notes
Chapter 25 - Text Notes
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