Ki Teitzei כי תצא

Rashi — M. Rosenbaum & A. M. Silbermann

כי תצא למלחמה WHEN THOU GOEST FORTH TO WAR — Scripture is speaking here of a war that is not obligatory upon the Israelites (Sifrei Devarim 211:1), for in regard to a war that was waged against the inhabitants of Erez Israel, Scripture could not possibly say, “and thou hast captured captives”, since it has already been stated regarding them, (Deuteronomy 20:16) “[But of the cities of those people ...] you shall not allow any soul to live”.

ושבית שביו AND THOU HAST CAPTURED CAPTIVES — These apparently redundant words are intended to include Canaanite people living in it (in a city outside Canaan), that it is allowed to capture them although they belong to the seven nations (Sifrei Devarim 211:4; Sotah 35b).

Rashi — M. Rosenbaum & A. M. Silbermann

אשת [AND THOU SEEST AMONG THE CAPTIVES] A WOMAN — even if she be a married woman (Sifrei Devarim 211:7; Kiddushin 21b).

ולקחת לך לאשה [AND THOU DELIGHTEST IN HER,] THAT THOU WOULDEST TAKE HER FOR THY WIFE) — Scripture is speaking (makes this concession) only in view of man’s evil inclination (his carnal desires) (Kiddushin 21b). For if the Holy One, blessed be He, would not permit her to him as a wife, he would nevertheless marry her although she would then be forbidden to him. However, if he does marry her, in the end he will hate her, for Scripture writes immediately afterwards, (v. 15) “If a man have two wives, one beloved, and another hated, etc.” and ultimately he will beget a refractory and rebellious son by her (v. 18). It is for this reason that these sections are put in juxtaposition (Midrash Tanchuma, Ki Teitzei 1).

Rashi — M. Rosenbaum & A. M. Silbermann

ועשת את צפרניה means, AND SHE SHALL LET GROW HER NAILS — She must let them grow, so that she should becomes repulsive to her captor (cf. Sifrei Devarim 212:4; Yevamot 48a; see also Rashi on Genesis 1:7 and our Note thereon).

Rashi — M. Rosenbaum & A. M. Silbermann

והסירה את שמלת שביה AND SHE SHALL REMOVE THE RAIMENT OF HER CAPTIVITY — the reason is because these are fine clothes, for the women of the heathen peoples adorned themselves in time of war in order to lure others (the enemy) to unchastity with them (Sifrei Devarim 213:1).

וישבה בביתך AND SHE SHALL DWELL IN “THY” HOUSE — [not in the women’s apartments, but] in the house which he constantly uses: when he goes in he stumbles upon her, when he leaves he stumbles upon her (i.e. he cannot avoid meeting her constantly and the novelty of her beauty wears off); he sees her endless crying, sees her neglected appearance — and all this in order that she should become repulsive to him (Sifrei Devarim 213:2).

ובכתה את אביה AND SHE SHALL WEEP FOR HER FATHER [AND HER MOTHER A FULL MONTH] — Why all this? In order to make a contrast — that while the Jewish woman (the captor’s Jewish wife) is gladsome, she should be downhearted, while the Jewish woman adorns herself, this one should bear a neglected appearance (Sifrei Devarim 213:5).

Rashi — M. Rosenbaum & A. M. Silbermann

והיה אם לא חפצת בה AND IT SHALL BE, IF THOU ART NOT PLEASED WITH HER — Scripture tell you that you will in the end hate her (Sifrei Devarim 214:1).

לא תתעמר בה means; THOU SHALT NOT USE HER AS A SLAVE. In the Persian language slavery and servitude is termed עימראה. I learned this from the work of R. Moses the Preacher.

Rashi — M. Rosenbaum & A. M. Silbermann

פי שנים A DOUBLE PORTION — i.e. a portion equal to those of two brothers together (Sifrei Devarim 217:2-4).

בכל אשר ימצא לו [BUT HE SHALL ACKNOWLEDGE THE SON OF THE HATED FOR THE FIRSTBORN, BY GIVING HIM A DOUBLE PORTION] OF ALL THAT SHALL BE FOUND WITH HIM — From here the Rabbis derived the law that the firstborn does not receive a double share of what is due to come after the death of the father (as, e.g., a debt or a legacy that were payable to his father on a certain date, before which, however, the father died — technically termed ראוי), as he does of what is actually held in possession by the father (מוחזק) (Sifrei Devarim 217:6; Bekhorot 51b).

Rashi — M. Rosenbaum & A. M. Silbermann

סורר (from the root סור to deviate) means, one who deviates from the proper path of life.

ומורה means, one who is disobedient to the words of his father, of the same meaning as ממרים in the phrase (Deuteronomy 9:7) “ממרים הייתם”, “ye have been rebellious”.

ויסרו אתו AND THEY SHALL CHASTISE HIM — admonish him in the presence of three people, and if he still remains refractory they cause him to be lashed through the court (Sanhedrin 71a; cf. Sifrei Devarim 218:11). The refractory and rebellious son is not liable to the death penalty until he proves to be a thief and eats at one meal a “tartemar” (a weight of half a Maneh) flesh and drinks half a Log wine, for it is said of him, (v. 20) זולל וסבא, and in another passage (Proverbs 23:20) it says: “Do not be among wine-guzzlers (בְסֹבְאֵי-יָיִן), among gluttonous eaters of meat” (Sanhedrin 70a; cf. Sifrei Devarim 219:4). — The refractory and rebellious son is put to death on account of the final course his life must necessarily take (not because his present offence is deserving death); — the Torah has fathomed his ultimate disposition: in the end he will squander his fathers property and seeking in vain for the pleasures to which he has been accustomed, he will take his stand on the crossroads and rob people, and in some way or other make, himself liable to the death penalty. Says the Torah, “Let him die innocent of such crimes, and let him not die guilty of them” (Sifrei Devarim 220:3; Sanhedrin 72a).

Rashi — M. Rosenbaum & A. M. Silbermann

וכל ישראל ישמעו ויראו AND ALL ISRAEL SHALL HEAR AND FEAR — From here we derive the law that his execution requires public announcement by the court: “The man named so-and-so is stoned because he was a refractory and rebellious son” (Sanhedrin 89a).

Rashi — M. Rosenbaum & A. M. Silbermann

וכי יהיה באיש חטא משפט מות AND IF THERE BE IN A MAN A SIN DESERVING THE JUDGMENT OF DEATH — The juxtaposition of these sections (this and that of the rebellious son) tells us that if father and mother spare him (the rebellious son), he will in the latter end turn to mischief and commit sins for which he will become liable to the death penalty by the court (cf. Midrash Tanchuma, Ki Teitzei 1).

ותלית אתו על עץ [AND IF THERE BE IN A MAN A SIN DESERVING THE JUDGMENT OF DEATH] THOU SHALT HANG HIM ON A TREE — Our Rabbis said, All those who have to be put to death by stoning must afterwards be hanged, for it is said here (v. 23) “for cursing of God ends in hanging”, and we are told that one who curses God is punished with stoning (cf. Leviticus 24:15—16; Sanhedrin 45b).

Rashi — M. Rosenbaum & A. M. Silbermann

כי קללת אלהים תלוי FOR HE THAT IS HANGED IS A קללת אלהים — i.e., a degradation of the Divine King, for man is made in His image and the Israelites are His children. A parable! It may be compared to the case of two twin brothers who very closely resembled each other: one became king and the other was arrested for robbery and was hanged. Whoever saw him on the gallows thought that the king was hanged (Sanhedrin 46b). — Wherever the term קללה occurs in Scripture it has the meaning of bonding in light esteem and despising, as e.g., (1 Kings 2:8) “[Shimei the son of Gera, a Benjamite of Bahurim] who cursed me with a severe curse (קללני קללה נמרצת)” (cf. II Samuel 16:5—8).

Rashi — M. Rosenbaum & A. M. Silbermann

והתעלמת [THOU SHALT NOT SEE ANY OF THY BROTHER'S HERD … GO ASTRAY] AND HIDE THYSELF [FROM THEM] — i.e. one, as it were closes his eyes tight as though one does not see it.

לא תראה … והתעלמת THOU SHALT NOT SEE … AND HIDE THYSELF [FROM THEM] — “thou shalt not see it, that thou hide thyself from it” (i.e. you see it only to hide thyself from it), this is the plain sense of the verse. Our Rabbis, however, said that the omission of the particle לא before the verb והתעלמת (one would expect כי תראה … לא תתעלם) suggests: There are times when you may hide yourself from it, etc. (Sifrei Devarim 225:4; Bava Metzia 30a).

Rashi — M. Rosenbaum & A. M. Silbermann

עד דרש אחיך [AND IT SHALL BE WITH THEE] UNTIL THY BROTHER ENQUIRES [FOR IT] — But would it ever enter your mind that one could give it back before he enquires for it (Scripture distinctly states that you do not know to whom the animal belongs)?! But the meaning of the verse is: Thou shalt make diligent enquiries of him that he should not be a fraudulent claimant (Bava Metzia 27b. 28a; cf. Sifrei Devarim 223:4).

והשבתו לו AND THOU SHALT RESTORE IT TO HIM — it is necessary that there be some restoration — that it (the animal) should not eat in your house to its own value, and you claim this from him (in which case there is no actual restoration of what has been lost). From here, they (the Rabbis) derived the law: Whatever works and requires food (as, for instance, oxen, etc., the cost of whose food is set off by the value of its labour) should work and eat; whatever does not work but requires feeding (as, for instance, sheep) should be sold and the money restored to the man who lost it (Bava Metzia 28b).

Rashi — M. Rosenbaum & A. M. Silbermann

לא תוכל להתעלם THOU MAYEST NOT HIDE THYSELF — i.e. You must not cover your eyes, pretending not to see it.

Rashi — M. Rosenbaum & A. M. Silbermann

הקם תקים [THOU SHALT NOT SEE THY BROTHER’S ASS OR ANY OF HIS HERD FALL DOWN BY THE WAY, AND HIDE THYSELF FROM THEM] THOU SHALT SURELY RAISE UP — This refers to the duty of loading — to re-load the burden that fell from it.

עמו [THOU SHALT SURELY UPLOAD] WITH HIM — i.e. with the owner. But if he goes aside and sits down and says to him, “Since it is a duty for you to load it, if you want to load, go ahead and load!” — [“I” am not commanded to do it”], he is exempt from doing it (cf. Bava Metzia 32a).

Rashi — M. Rosenbaum & A. M. Silbermann

לא יהיה כלי גבר על אשה THE APPAREL OF A MAN SHALL NOT BE ON A WOMAN — so that she look like a man, in order to consort with men, for this can only be for the purpose of adultery (unchastity) (cf. Sifrei Devarim 226:1; Nazir 59a).

ולא ילבש גבר שמלת אשה NEITHER SHALL A MAN PUT ON A WOMAN’S GARMENT in order to go and stay unnoticed amongst women. Another explanation of the second part of the text is: it implies that a man should not remove the hair of the genitals and the hair beneath the arm-pit (Nazir 59a).

כי תועבת FOR [ALL THAT DO SO ARE] AN ABOMINATION [UNTO THE LORD THY GOD] — This implies that the Torah forbids only the wearing of a garb that leads to abomination (unchastity) (cf. Sifrei Devarim 226:1).

Rashi — M. Rosenbaum & A. M. Silbermann

כי יקרא IF [A BIRD’S NEST] CHANCE TO BE [BEFORE THEE IN THE WAY … THOU SHALT NOT TAKE THE MOTHER WITH THE YOUNG] — If it chance to be, this excludes that which is always ready at hand (in thy court yard) (Sifrei Devarim 227:1; Chullin 139a).

לא תקח האם THOU SHALT NOT TAKE THE MOTHER so long as she is sitting upon the young.

Rashi — M. Rosenbaum & A. M. Silbermann

למען ייטב לך וגו׳ THAT IT MAY BE WELL WITH THEE etc. — If in the case of an easy command which involves no monetary loss, Scripture states “Do this in order that it may be well with thee and thou mayest prolong thy days”, it follows à fortiori that this at least will be the grant of the reward for the fulfilment of commands which are more difficult to observe (Chullin 142a).

Rashi — M. Rosenbaum & A. M. Silbermann

כי תבנה בית חדש WHEN THOU BUILDEST A NEW HOUSE, [THEN THOU SHALT MAKE A BATTLEMENT FOR THY ROOF] — If thou hast fulfilled the command of שלוח הקן (of letting a mother bird go when the nest is rifled), you will in the end be privileged to build a new house and to fulfill the command of “making a guard-rail”, for one good deed brings another good deed in its train, and you will attain to a vineyard (v. 9), fields (v. 10) and fine garments (vv. 11—12). It is for this reason (to suggest this) that these sections are put in juxtaposition (Midrash Tanchuma, Ki Teitzei 1).

מעקה means, a fence around the roof. Onkelos renders it by תיקא; the fencing is like a casing (תיק) which guards things that are within it.

כי יפל הנפל [THAT THOU BRING NOT BLOOD UPON THY HOUSE] IF ANY MAN FALL FROM THENCE — (The words may be taken to mean: if he that is to fall (הנופל) falls from it). This suggests: this man deserved to fall to his death (on account of some crime he had committed), nevertheless his death should not be occasioned by your agency, for meritorious things are brought about through the agency of good men and bad things only through the agency of evil men (Sifrei Devarim 229:7).

Rashi — M. Rosenbaum & A. M. Silbermann

כלאים [THOU SHALT NOT SOW THY VINEYARD] WITH DIVERSE KINDS OF SEEDS — i.e. wheat and barley together with kernels of grapes with one and the same hand-throw (Berachot 22a; Kiddushin 39a; Chullin 82b).

פן תקדש LEST IT BECOME קדש — Take it as the Targum does: lest it become unclean (unfit for use); to anything for which a man has repugnance to come into contact with, be it on account of its sublimity as, for instance, holy things, or be it on account of some bad quality, as, for instance, something that is forbidden, the term קדוש is appropriate, as, in the latter sense, e.g., (Isaiah 65:5) “Come not near to me for I make thee קדוש".

[המלאה — This is the fullness and increase which the seed produces].

Rashi — M. Rosenbaum & A. M. Silbermann

לא תחרש בשור ובחמור THOU SHALT NOT PLOUGH WITH AN OX AND WITH AN ASS [TOGETHER] — The same law applies to any two different kinds of animals in existence; the same law applies also to merely driving them together (when not ploughing) whilst they are yoked together as a pair carrying any load (Sifrei Devarim 232:1-2; cf. Kilayim 8:2 and 3; Bava Metzia 8b).

Rashi — M. Rosenbaum & A. M. Silbermann

שעטנז is an expression for a mixture. Our Rabbis explained it to mean a material that is calendered (pressed, שוע), or woven (טווי), or twisted (נוז) together (Sifrei Devarim 232:1); (שעטנז is taken to be an abbreviation of these words; cf. Rashi on Leviticus 19:19 and our Note thereon).

Rashi — M. Rosenbaum & A. M. Silbermann

גדלים תעשה לך THOU SHALT MAKE THEE TASSELS [UPON THE FOUR CORNERS OF THY VESTURE] — be they even from a mixture of wool and linen; for this reason Scripture puts them (the prohibition of שעטנז and the command of צצית) in juxtaposition (Yevamot 4a).

Rashi — M. Rosenbaum & A. M. Silbermann

ובא אליה ושנאה [IF ANY MAN TAKE A WIFE] AND COME UNTO HER AND HATE HER, the end will be,

Rashi — M. Rosenbaum & A. M. Silbermann

ושם לה עלילת דברים that HE WILL IMPUTE ACTIONS UPON HER BY MERE WORDS (i.e. he will slander her); one sin brings another sin in its train: if he transgresses the prohibition “thou shalt not hate [thy fellow]” (Leviticus 19:17), the end will be that he will fall into slander (cf. Sifrei Devarim 235:3).

את האשה הזאת THIS WOMAN — Hence we derive the law that one must not speak anything to the judge except in the presence of the opposing party (Sifrei Devarim 235:6).

Rashi — M. Rosenbaum & A. M. Silbermann

אבי הנערה ואמה [THEN SHALL] THE FATHER OF THE DAMSEL, AND HER MOTHER [TAKE AND BRING FORTH etc.] — Let those who have reared this depraved child (lit., “evil plant”) be exposed to contempt because of her (Sifrei Devarim 235:9).

Rashi — M. Rosenbaum & A. M. Silbermann

ואמר אבי הנערה AND THE DAMSEL’S FATHER SHALL SAY [UNTO THE ELDERS] — although both parents appear before them, yet the father alone shall speak — this teaches that a woman is not allowed to speak in the presence of her husband (if he, too, is concerned in the matter) (Sifrei Devarim 235:10).

Rashi — M. Rosenbaum & A. M. Silbermann

ופרשו השמלה AND THEY SHALL SPREAD THE CLOTH [BEFORE THE ELDERS OF THE CITY] — This is a figurative expression: they must make the matter as white (as clear) as a sheet (Sifrei Devarim 237:1; Ketubot 46a).

Rashi — M. Rosenbaum & A. M. Silbermann

ויסרו אתו [AND THE ELDERS … SHALL TAKE THE MAN] AND CHASTISE HIM — i.e. with lashes (Sifrei Devarim 238:2; Ketubot 46a; cf. Onkelos).

Rashi — M. Rosenbaum & A. M. Silbermann

ואם אמת היה הדבר BUT IF THE THING BE TRUE — proven by evidence of witnesses and after legal warning that she had committed adultery after her betrothal (Ketubot 44b).

Rashi — M. Rosenbaum & A. M. Silbermann

אל פתח בית אביה [THEN THEY SHALL BRING THE DAMSEL] TO THE ENTRANCE OF HER FATHER’S HOUSE — suggesting: “See what a child (lit., a plant) you have reared!” (Ketubot 45a).

אנשי עירה [AND] THE MEN OF HER CITY [SHALL OVERWHELM HER WITH STONES] — This means, the witnesses shall stone her, all the men of her city standing by (Sifrei Devarim 240:1; cf. Rashi on Leviticus 24:14).

לזנות בית אביה TO PLAY THE WHORE “IN” HER FATHER’S HOUSE — The word בית is equivalent to בבית.

Rashi — M. Rosenbaum & A. M. Silbermann

ומתו גם שניהם THEN THEY SHALL BOTH OF THEM DIE — The redundant words גם שניהם are intended to exclude a case of unnatural intercourse from which the woman derives no gratification (Sifrei Devarim 242:4; Sanhedrin 66b).

גם is intended to include those persons who commit adultery with one of this pair after them (i.e. after this pair had been found guilty) (Sifrei Devarim 242:5). Another explanation of גם שניהם is: these words are intended to include in the death penalty the embryo: that if the woman was pregnant the execution is not deferred until after she gives birth (cf. Targum Jonathan on; Arakhin 7a).

Rashi — M. Rosenbaum & A. M. Silbermann

ומצאה איש בעיר [IF A DAMSEL THAT IS A VIRGIN BE BETROTHED UNTO A MAN] AND A MAN FIND HER IN THE CITY [AND LIE WITH HER] — (Because he found her outdoors) therefore he lay with her: a breach in the wall invites the thief; if she had remained at home (as becomes a chaste Jewish girl) this would not have happened to her (Sifrei Devarim 242:2-3).

Rashi — M. Rosenbaum & A. M. Silbermann

כי כאשר יקום וגו׳ FOR AS WHEN A MAN RISETH [AGAINST HIS FELLOW MAN, AND SLAYETH HIM, EVEN SO IS THIS THING] — According to its plain sense the following is what it implies: there is in the damsel no sin deserving death, because she was coerced and he, (the man) attacked her with violence, just as when a man attacks his fellowman to kill him. — Our Rabbis, however, gave it (the verse) a Halachic interpretation as follows: Behold, this simile is intended to elucidate the law in question but at the same time turns out to be itself elucidated by that law (lit., this comes as a teacher and is found to be a learner) (Sanhedrin 73a).

Rashi — M. Rosenbaum & A. M. Silbermann

לא יקח — This does not mean “he shall not take” but “he cannot take” his father’s wife: there can be no question of a legal marriage for him in regard to her, because the marriage ceremony (קדושין) has no legal hold on her (cannot make her his wife: it is no marriage) (Kiddushin 67b; cf. Rashi on Kiddushin 67b s. v. לא יקח)

ולא יגלה כנף אביו AND HE SHALL NOT UNCOVER HIS FATHER’S SKIRT — This refers to the שומרת יבם of his father (the widow of his father’s brother who died without issue, and who is waiting (שומרת) for her brother-in-law (יבם) either to marry her or to put her through the ceremony of release, חליצה), who is thus destined for his father. But has he not already been prohibited about her (i.e. forbidden to marry her) on account of the law (Leviticus 18:14) “the nakedness of thy father’s brother [thou shalt not uncover]”?! But the prohibition is repeated here in order to make him transgress two negative commands if he takes her (Yevamot 4a), and in order to put into juxtaposition to it the law (v. 2) “one born of incest or adultery (ממזר) shall not come [into the assembly of the Lord]”, and thereby to teach that one is termed ממזר only if he is born from those liable to the penalty of excision on account of the intercourse between them, as is the case with one who take’s his father’s שומרת יבם, who is forbidden to him under the penalty of כרת as אשת אחי אביו; cf. Leviticus 18:14 and Leviticus 18:29 (but not if he was born of a woman intercourse with whom involves only flagellation), and it logically follows that the term applies also to one born from those liable to one of the death penalties by sentence of the court, for amongst the cases of forbidden intercourse there is none punishable with death by the sentence of the court which does not involve the penalty of excision (if it was not preceded by a warning) (Yevamot 49a; cf. also Rashi on Kiddushin 67b s. v. מהנ״מ).

Rashi — M. Rosenbaum & A. M. Silbermann

פצוע דכא means, one whose stones have been bruised (פצוע) or crushed (דכא) (Sifrei Devarim 247:1).

וכרות שפכה means, one whose membrum has a cut in it, so that it no longer forcibly ejects a continuous flow of sperm but it pours it forth slowly, and he thus cannot beget children (Sifrei Devarim 247:2; Yevamot 75b).

Rashi — M. Rosenbaum & A. M. Silbermann

לא יבא ממזר בקהל ה׳ ONE BORN IN INCEST OR ADULTERY SHALL NOT COME INTO THE ASSEMBLY OF THE LORD — i.e. he shall not marry an Israelite woman (Yevamot 78b).

Rashi — M. Rosenbaum & A. M. Silbermann

לא יבא עמוני AN AMONITE [OR MOABITE] SHALL NOT COME [INTO THE ASSEMBLY OF THE LORD] — i.e. he shall not marry an Israelite woman (Yevamot 77b).

Rashi — M. Rosenbaum & A. M. Silbermann

על דבר may be translated BECAUSE OF THE WORD — i.e. because of the advice which they gave you in order to entice you into sin (Sifrei Devarim 250:1).

בדרך IN THE WAY — when you were in a state of exhaustion (Sifrei Devarim 250:2).

Rashi — M. Rosenbaum & A. M. Silbermann

לא תדרש שלמם THOU SHALT NOT SEEK THEIR PEACE [NOR THEIR GOOD] — Since it states, (v. 17) “He (the runaway slave) shall abide with you, even among you, … [where it shall be good for him]” one might think that this (a Moabite or Ammonite runaway slave) should also be treated likewise, therefore Scripture states לא תדרש שלמם THOU SHALT NOT SEEK THEIR PEACE [NOR THEIR GOOD] (Sifrei Devarim 251:2).

Rashi — M. Rosenbaum & A. M. Silbermann

לא תתעב אדמי THOU SHALT NOT ABHOR AN EDOMITE utterly, although it would be proper for you to abhor him because he came out against thee with the sword (Numbers 20:18—20).

לא תתעב מצרי THOU SHALT NOT ABHOR AN EGYPTIAN all in all (utterly), although they cast your male children into the river. And what is the reason that you should not abhor him utterly? Because they were your hosts in time of need (during Joseph’s reign when the neighbouring countries suffered from famine); therefore although they sinned against you do not utterly abhor him, but —

Rashi — M. Rosenbaum & A. M. Silbermann

בנים אשר יולדו להם דור שלישי וגומר THE CHILDREN THAT ARE BORN UNTO THEM [MAY COME INTO THE ASSEMBLY] IN THEIR THIRD GENERATION — other nations, however, since they did not sin against you may be admitted at once if they acknowledge the tenets of Judaim. — Thus you learn that he who causes a man to sin does him greater harm than if he kills him, for he who kills him, kills him only as regards this world, while he who causes him to sin puts him out of this world and the world to come. Therefore Edom, though he met them with the sword was not to be abhorred utterly, and similarly the Egyptians who drowned them (their male children), while those (the Ammonites and Moabites) who caused them to sin were to be utterly abhorred (Sifrei Devarim 252:3).

Rashi — M. Rosenbaum & A. M. Silbermann

כי תצא וגו׳ ונשמרת WHEN [THE HOST] GOETH FORTH [AGAINST THINE ENEMIES], THEN KEEP THEE [FROM EVERY EVIL THING] — because Satan accuses men in time of danger (Jerusalem Talmud Shabbat 2:6; Midrash Tanchuma, Vayigash 1 on Genesis 42:4; cf. Rashi on that verse and our Note thereon).

Rashi — M. Rosenbaum & A. M. Silbermann

מקרה לילה [IF THERE BE AMONG YOU ANY MAN THAT IS NOT CLEAN BY REASON OF] UNCLEANNESS THAT CHANCETH HIM BY NIGHT — By night: Scripture speaks of what usually occurs (but the law applies also if the uncleanness happens at day time) (Sifrei Devarim 255:3).

ויצא אל מחוץ למחנה THEN HE SHALL GO ABROAD OUT OF THE CAMP — This is a command,

לא יבא אל תוך המחנה HE SHALL NOT COME WITHIN THE CAMP — This is a prohibition (Sifrei Devarim 255:4). He is forbidden to enter the “camp of the Levites”, and all the more so, the "camp of the Shechinah". (cf. Sifrei Devarim 255:5; Pesachim 68a and Rashi on Numbers 5:2).

Rashi — M. Rosenbaum & A. M. Silbermann

והיה לפנות ערב BUT IT SHALL BE WHEN EVENING COMETH ON, [HE SHALL LAVE HIMSELF WITH WATER] — He should immerse himself close before the setting of the sun, for under no circumstances is he clean without having waited for the sunset (cf. Sifrei Devarim 256:2).

Rashi — M. Rosenbaum & A. M. Silbermann

ויד תהיה לך THOU SHALT HAVE A יד [WITHOUT THE CAMP] — Understand the word יד as the Targum does: ואתר (and you shall have a place). Similar is, (Numbers 2:17) “Each man at his place (ידו)” (Sifrei Devarim 257:1).

מחוץ למחנה WITHOUT THE CAMP — i.e. outside the area enclosed by the clouds of glory.

Rashi — M. Rosenbaum & A. M. Silbermann

על אזנך [AND THOU SHALT HAVE A PIN] על אזנך — i.e. besides (על, “in addition to”, not “upon”) your other implements.

אזנך has the same meaning as זין in the phrase כלי זין.

Rashi — M. Rosenbaum & A. M. Silbermann

ולא יראה בך THAT HE SEE NOT IN THEE — that the Holy One, blessed be He see not in thee ערות דבר A NAKEDNESS OF ANYTHING.

Rashi — M. Rosenbaum & A. M. Silbermann

לא תסגיר עבד THOU SHALT NOT DELIVER [UNTO HIS LORD] THE SERVANT [WHO IS ESCAPED FROM HIS LORD UNTO THEE] — Understand this as the Targum has it: עבד עממין the servant of the heathens. Another explanation is: that it implies even a Canaanite servant belonging to an Israelite who fled from outside the Land (from a foreign country) into the Land of Israel (Gittin 45a).

Rashi — M. Rosenbaum & A. M. Silbermann

לא תהיה קדשה THERE SHALL BE NO קדשה [OF THE DAUGHTERS OF ISRAEL] — i.e. a prostitute, — one who is devoted to and ever ready for illicit intercourse (cf. Rashi on Genesis 38:21 s. v. הקדשה; Rashi on Exodus 19:22 s. v. יתקדשו).

AND THERE SHALL BE NO קדש (OF THE SONS OF ISRAEL] — one ever ready for pederasty (Sanhedrin 54b). Onkelos, however, rendered the verse by לא תהא אתתא מבני ישראל לגבר עבר, “A woman of the daughters of Israel shall not become the wife of a slave”. Such a woman may also be termed a קדשה. because she, too, becomes a prostitute to illicit intercourse, since no marriage ceremony with her (קידושין) can for him have a hold on her (can be a valid ceremony), — for you see, they (the slaves) are compared to asses, as it is said, (Genesis 22:5), “Abide ye here עם החמור”, which is taken to mean (Kiddushin 68a), “[Abide ye here] עם החמור", “O ye peop1e who are like asses”. And the second half of the verse Onkelos renders by ולא יסב גברא מבני ישראל אתתא אמה “and no man of Israel shall marry a bondwoman”, which is also an adequate translation, since he, too, becomes a קדש, “one devoted to illicit intercourse” through her, since every intercourse with her is an illicit intercourse, since his marriage to her is not binding (cf. Rashi on Kiddushin 69a s. v. או דיעבד קאמר‎).

Rashi — M. Rosenbaum & A. M. Silbermann

אתנן זונה [THOU SHALT NOT BRING] THE PROSTITUTION HIRE OF A WHORE [… INTO THE HOUSE OF THE LORD, THY GOD FOR ANY VOW] — This means, if he (the paramour) gave her a lamb as the hire of her prostitution it is unfitted for sacrifice (Sifrei Devarim 261:1; Temurah 29a).

ומחיר כלב [THOU SHALT NOT BRING …] THE PRICE OF A DOG [INTO THE HOUSE OF THE LORD …], if one has exchanged a lamb for a dog (Sifrei Devarim 261:2; Temurah 30a).

גם שניהם FOR EVEN BOTH THESE ARE [ABOMINATION UNTO THE LORD, THY GOD] — The words גם שניהם taken as גם שנוייהם are intended to include in the prohibition the things into which they (whatever is given as hire) are changed, as, e.g., if he gave the woman wheat and she made it into flour (Temurah 30b).

Rashi — M. Rosenbaum & A. M. Silbermann

לא תשיך implies a prohibition addressed to the borrower that he should not pay interest to the creditor (cf. Sifrei Devarim 262:1; Bava Metzia 75b) [and afterwards (Leviticus 25:37) follows the prohibition addressed to the creditor, “thou shalt not give him thy money upon interest”].

Rashi — M. Rosenbaum & A. M. Silbermann

לנכרי תשיך UNTO AN ALIEN THOU MAYEST LEND UPON INTEREST (according to Rashi: TO AN ALIEN THOU MAYEST PAY INTEREST) — but not to thy brother. Such a prohibition which is not plainly stated but can only be drawn by inference from a positive command is itself regarded only as a positive command — so that one who pays interest to his brother transgresses two negative commands: לא תשיך in v. 20, ולאחיך לא תשיך in v. 21 and a positive command לנכרי תשיך — ולאחיך לא (cf. Sifrei Devarim 263:1; Bava Metzia 70b; also cf. Rashi on Deuteronomy 14:20).

Rashi — M. Rosenbaum & A. M. Silbermann

לא תאחר לשלמו [WHEN THOU SHALT VOW A VOW UNTO THE LORD THY GOD] THOU SHALT NOT DELAY TO PAY IT — beyond three festivals after the vow has been made. Our Rabbis have deduced it (the fact that one does not transgress the prohibition before three festivals elapse) from a Scriptural text (Rosh Hashanah 4b).

Rashi — M. Rosenbaum & A. M. Silbermann

מוצא שפתיך תשמר THAT WHICH HATH GONE OUT OF THY LIPS THOU SHALT KEEP — This is intended to add a positive command to the prohibition of delaying one’s vows (mentioned in the previous verse) (Rosh Hashanah 6a).

Rashi — M. Rosenbaum & A. M. Silbermann

כי תבא בכרם רעך WHEN THOU COMEST INTO THE VINEYARD OF THY FELLOW MAN, [THEN THOU MAYEST EAT GRAPES AT THY FILL] — Scripture is speaking of a laborer (who is engaged in gathering in the grapes, but not of one who is doing other work in the vineyard, nor of one who enters the vineyard with no intention to do work; cf. Rashi in the next passage) (Bava Metzia 87b).

כנפשך means as much as you like.

שבעך AT THY FILL — but not excessive eating (Bava Metzia 87b).

ואל כליך לא תתן BUT THOU SHALT NOT PUT ANY IN THY VESSEL — From here we may derive that Scripture is referring only to the period of the vintage, to the time when thou puttest grapes into the owner’s vessel, — then thou mayest eat but not put any into thy vessel; but if he comes to hoe or to weed (i.e. to do other work than harvesting) he must not eat of the grapes (Bava Metzia 89b).

Rashi — M. Rosenbaum & A. M. Silbermann

כי תבא בקמת רעך WHEN THOU COMEST INTO THE STANDING CORN OF THY FELLOW MAN [THOU MAYEST PLUCK THE EARS WITH THINE HAND] — In this case too, Scripture is referring to a labourer in the field (cf. Sifrei Devarim 267:1; Bava Metzia 87b).

Rashi — M. Rosenbaum & A. M. Silbermann

כי מצא בה ערות דבר [WHEN A MAN HATH TAKEN A WIFE, AND MARRIED HER, AND IT COMES TO PASS THAT SHE FINDS NO FAVOUR IN HIS EYES.] BECAUSE HE HATH FOUND SOME SCANDALOUS THING IN HER; [THEN LET HIM WRITE A BILL OF DIVORCEMENT … AND SEND HER AWAY …] — it is his duty to divorce her because she should not find favour in his eyes (cf. Gittin 90b).

Rashi — M. Rosenbaum & A. M. Silbermann

לאיש אחר [AND WHEN SHE IS GONE OUT OF HIS HOUSE, AND HATH GONE AND BECOME] “ANOTHER” MAN’S WIFE — He is “another” (a different) man, not one of a pair with the first: he turned the wicked woman out of his house, whilst this man hath taken her into his house (Gittin 90b).

Rashi — M. Rosenbaum & A. M. Silbermann

ושנאה האיש האחרון AND IF THE LATTER HUSBAND HATE HER — (these words lit. mean: and the other will hate her): Scripture tells you that in the end he will hate her and divorce her, and if not, she will bury him (be the cause of his death) as it states “or if the latter husband die” (Sifrei Devarim 270:4-5).

Rashi — M. Rosenbaum & A. M. Silbermann

אחרי אשר הטמאה [HER FIRST HUSBAND … MAY NOT TAKE HER AGAIN TO BE HIS WIFE] AFTER THAT SHE IS DEFILED — these words are intended to include in the prohibition a faithless wife (סוטה) who had been in seclusion with another man (Sifrei Devarim 270:10; Yevamot 11b).

Rashi — M. Rosenbaum & A. M. Silbermann

אשה חדשה [WHEN A MAN HATH TAKEN] A NEW WIFE [HE SHALL NOT GO OUT TO THE HOST] — i.e., one that is new to him, even though she be a widow; but it excludes the case of one who re-marries his divorced wife (Sifrei Devarim 271:1; Sotah 44a; cf., however, Targum Jonathan).

ולא יעבר lit., NEITHER SHALL PASS UPON HIM (i.e., be obligatory upon him) any army matter,

לכל דבר AS REGARDS ANYTHING that is a requirement of the army: not to supply water and food, nor to repair the roads, whilst those who returned from the battle array at the bidding of the priest, e.g., one who had built a new house and had not yet dedicated it, or one who had betrothed a woman and had not yet taken her to wife (Deuteronomy 20:5—7), are bound to supply water and food and to repair roads (Sifrei Devarim 271:2; Sotah 44a).

יהיה לביתו [HE SHALL BE FREE] AT HOME (or, as it may be literally translated: [FREE] FOR HIS HOUSE) — i.e., also on account of his new house (not only on account of his recent marriage, as stated in the text): if he has built a new house and only just dedicated it (not lived in it a full year), and similarly, if he has planted a vineyard and has only just begun to eat of its fruits (not enjoyed its produce the full fourth year), he need not leave his house for the requirements of war. This Halacha is derived from the text as follows:

יהיה HE SHALL BE — This is intended to include the vineyard (Sifrei Devarim 271:4),

לביתו This is the mention of “his house” (Sifrei Devarim 271:3).

ושמח means HE SHALL GLADDEN [HIS WIFE], its correct Targum rendering therefore is: וְיַחְדֵי יַת אִיתְּתֵהּ which expresses this; One who reads in the Targum וְיַחְדֵי עִם אִיתְּתֵהּ “he shall rejoice with his wife” is in error, for this is not the Targum equivalent of וְשִׂמַּח (Piel) but of וְשָׂמַח (Kal).

Rashi — M. Rosenbaum & A. M. Silbermann

לא יחבל NO MAN SHALL TAKE [THE LOWER OR THE UPPER MILLSTONE] AS PLEDGE — i.e. if one comes to demand a pledge through the court for his debt he should not take as a pledge anything by which food is prepared (Bava Metzia 113b, 115a).

רחים is the lower,

ורכב is the upper millstone.

Rashi — M. Rosenbaum & A. M. Silbermann

כי ימצא IF [A MAN] BE FOUND [STEALING …] — Found when doing so by witnesses and after legal warning. This, too, is the meaning in all cases where a form of the verb מצא is used in the Torah, under similar circumstances (Mekhilta; Sifrei Devarim 273:1).

והתעמר בו AND TREATS HIM AS A SLAVE — he is not liable to the death penalty until he uses him as a slave (cf. Sifrei Devarim 273:5; Sanhedrin 85b).

Rashi — M. Rosenbaum & A. M. Silbermann

השמר בנגע צרעת TAKE HEED IN THE AFFLICTION OF LEPROSY — take heed that you pluck not out the symptoms of uncleanness (cf. Leviticus ch. XIII.), nor cut out the leprous spot (Makkot 22a).

ככל אשר יורו אתכם ACCORDING TO ALL THAT [THE PRIESTS …] SHALL TEACH YOU — whether to place the leper in quarantine, or to declare him definitely unclean or clean.

Rashi — M. Rosenbaum & A. M. Silbermann

זכור את אשר עשה ה' אלהיך למרים REMEMBER WHAT THE LORD THY GOD DID UNTO MIRIAM — if you wish to guard yourself against being stricken with leprosy, do not speak slander! Remember what was done unto Miriam who spoke slander against her brother and was stricken with a leprous plague! (cf. Sifrei Devarim 275:1).

Rashi — M. Rosenbaum & A. M. Silbermann

כי תשה ברעך means, WHEN THOU EXACTEST A DEBT FROM THY FELLOW MAN;

משאת מאומה means, A DEBT OF ANYTHING (whatever it may be).

Rashi — M. Rosenbaum & A. M. Silbermann

לא תשכב בעבטו THOU SHALT NOT SLEEP IN HIS PLEDGE — This means, thou shalt not go to sleep having his pledge with thee (Sifrei Devarim 277:2; Bava Metzia 111b).

Rashi — M. Rosenbaum & A. M. Silbermann

כבוא השמש [THOU SHALT RESTORE HIM THE PLEDGE] WHEN THE SUN GOETH DOWN — if it be a night garment; whilst if it be a garment worn during the day restore it to him in the morning. This, indeed, has already been written in the section beginning with the words ואלה המשפטים (Exodus 22:25) “Restore it unto him till the going down of the sun” which means: restore it unto him for the whole day and at nightfall you may take it again [till the daybreak of the next morning] (Bava Metzia 114b; cf. Rashi on Exodus 22.25.2 and Note thereon).

וברכך AND HE WILL BLESS THEE — and even if he will not bless thee, in any case, ולך תהיה צדקה IT SHALL BE RIGHTEOUSNESS UNTO THEE [BEFORE THE LORD THY GOD] (Sifrei Devarim 277:4).

Rashi — M. Rosenbaum & A. M. Silbermann

לא תעשק שכיר THOU SHALT NOT WRONG ANY HIRED SERVANT — But has not this already been stated in Leviticus 19:13? But it is repeated here to make one transgress in respect of the hired, servant who is poor (i.e., if he wrongs such a person) two negative commands, for the meaning of the text here is: thou shalt not suppress the wages of an hired servant who is poor and needy. (The meaning is not: thou shalt not wrong a hired servant, the poor and the needy). As to the well-to-do hired servant one has already been prohibited to wrong him (Leviticus 19:13): “thou shalt not wrong thy neighbour” (Bava Metzia 61a).

אביון is one who longs for everything, (lacks all the necessities of life; cf. Rashi on Deuteronomy 15:4).

מגרך [WHETHER HE BE OF THY BRETHREN, OR] OF ANY STRANGERS — this refers to a “proselyte of righteousness” (who embraces the entire Jewish Faith out of conviction) (Sifrei Devarim 278:4),

בשערך [STRANGERS THAT ARE] WITHIN THY GATES — this refers to a stranger [who has undertaken not to worship idols] but eats carrion (who may reside in the land of Israel) (Sifrei Devarim 278:5),

אשר בארצך [OF ANY STRANGERS] THAT ARE IN THY LAND — this is intended to include in the prohibition of withholding what is due to one’s neighbor the payment for using his animals or utensils (Sifrei Devarim 278:5; Bava Metzia 111b).

Rashi — M. Rosenbaum & A. M. Silbermann

ואליו הוא נשא את נפשו means, for the sake of this hire he exposes his life even unto death: he climbs up a steep staircase or hangs on to a high tree to do his work (Sifrei Devarim 279:3; Bava Metzia 112a).

והיה בך חטא [LEST HE CALL AGAINST THEE UNTO THE LORD,] AND IT BE SIN UNTO THEE — under any circumstances, even if he does not call against thee to the Lord, but greater haste is made to punish thee because of him who cries (Sifrei Devarim 279:4; cf. Rashi on Deuteronomy 15:9).

Rashi — M. Rosenbaum & A. M. Silbermann

לא יומתו אבות על בנים FATHERS SHALL NOT BE PUT TO DEATH על בנים — i.e. by the evidence of their children. But if you say it means “for the sin of their children”, then it would be redundant for it goes on to state “every man shall be put to death for his own sin” (Sifrei Devarim 280:1; Sanhedrin 27b).

איש בחטאו יומתו EVERY MAN SHALL BE PUT TO DEATH FOR HIS OWN SIN — This suggests: but one who is not yet an איש, a man, does sometimes die on account of his father’s sins: little children sometimes die at the hands of Heaven because of their parents’ sins (Sifrei Devarim 280:3).

Rashi — M. Rosenbaum & A. M. Silbermann

לא תטה משפט גר יתום THOU SHALT NOT PERVERT THE JUDGMENT OF THE STRANGER, OR OF THE FATHERLESS — and with regard to the well-to-do one has already been forbidden to do so (Deuteronomy 16:19): “Thou shalt not pervert judgment”, (which is a general prohibition including both poor and rich), but it (Scripture) repeats it regarding the poor in order to make one who perverts the judgment of the poor transgress two negative commands. Because it is easier to pervert the judgment of the defenseless poor than that of the rich, therefore Scripture lays down a prohibition regarding him a second time (Sifrei Devarim 281:1).

ולא תחבל NOR TAKE [A WIDOW’S GARMENT] TO PLEDGE — The term חבל refers to taking a pledge not at the time when the loan is transacted (but when default is made in payment) (cf. Bava Metzia 115a; see also Rashi on Exodus 22:25).

Rashi — M. Rosenbaum & A. M. Silbermann

וזכרת BUT THOU SHALT REMEMBER [THAT THOU WAST A SERVANT IN EGYPT AND THE LORD THY GOD RELEASED THEE THENCE] — I released you only with this condition — that you should observe my statutes even though there be monetary loss in the matter.

Rashi — M. Rosenbaum & A. M. Silbermann

ושכחת עמר [WHEN THOU REAPEST THY HARVEST IN THY FIELD] AND HAST FORGOT A SHEAF … [THOU SHALT NOT RETURN TO TAKE IT] — a sheaf, but not a stack of corn (Sifrei Devarim 283:1). Hence they (the Rabbis) said, “A sheaf that contains two Seahs of grain which one has forgotten in the field, does not come under the term of שכחה (a forgotten sheaf)” (Mishnah Peah 6:6).

בשדה [AND HAST FORGOT …] IN THE FIELD — This apparently redundant word (it has just stated בשדך) is intended to include under this law forgotten “standing corn” (קמה) — that one has forgotten to cut down part of it (Sifrei Devarim 283:2).

לא תשוב לקחתו THOU SHALT NOT GO BACK TO TAKE IT — Hence they (the Rabbis) said: A sheaf that is behind him is considered as שכחה, that which is in front of him is not considered שכחה, for the expression “thou shalt not go back [to take it]” is not applicable to it (Mishnah Peah 6:4; Bava Metzia 11a).

למען יברכך THAT [THE LORD THY GOD] BLESS THEE — although it came into his (the stranger’s or the orphan’s) hand without him (the owner) intending this; it follows logically that he will certainly receive a blessing if he does this intentionally! — You must therefore admit that if a Sela fell out of one’s hand and a poor man found it and supports himself by it, then he will surely be blessed on that account (Sifrei Devarim 283:6; cf. Rashi on Leviticus 5:17 end).

Rashi — M. Rosenbaum & A. M. Silbermann

לא תפאר — This means: thou shalt not entirely remove its (the olive tree’s) glory (תפארת) from it, i.e., its fruit (Chullin 131b). Hence they (the Rabbis) derived the law that one must leave פאה (some quantity of fruit) also on fruit-trees for the poor (cf. Mishnah Peah 4:1).

אחריך BEHIND THEE — This implies שכחה (forgotten fruit; that if he forgets to remove some fruit from the orchard, he must leave it for the poor).

Rashi — M. Rosenbaum & A. M. Silbermann

לא תעולל [WHEN THOU GATHEREST THE GRAPES OF THY VINEYARD] THOU SHALT NOT GLEAN IT — i.e., if you find tender grapes in it, thou shalt not take them away. And what are עוללות? Clusters which have neither כתף, “arms” nor נטף “drippings” If, however, they have one of these, then it belongs to the owner of the vineyard (not to the poor) (Mishnah Peah 7:4). (Cf. Rashi on Leviticus 19:10 and our translation and Note thereon). — I have seen the following in the Talmud Yerushalmi Peah 7:4: What is כתף? Where the branches lie one upon the other: whilst נטף are those which hang down directly from the central stem.

Rashi — M. Rosenbaum & A. M. Silbermann

כי יהיה ריב IF THERE BE A QUARREL [BETWEEN MEN] they will in the end have to approach the judges (because of a bodily injury inflicted by one on the other, since Scripture goes on to state, “and if the wicked man be worthy of lashes”, a punishment that can only follow, in the case of a quarrel, upon one of the parties receiving a blow). You must thus come to the conclusion that nothing good can come out of a quarrel. Just think: what was it that caused Lot to leave the righteous man (Abraham)? You must admit it was a mere quarrel (cf. Genesis 13:7—11; Sifrei Devarim 286:1).

והרשיעו את הרשע THEY SHALL CONDEMN THE WICKED — One might think that all who are found guilty in a law-suit are punished with lashes; Scripture, however, goes on to state, והיה אם בן הכות הרשע AND IT SHALL BE, IF THE WICKED MAN BE WORTHY TO BE BEATEN, [… THAT THE JUDGE SHALL SMITE HIM] — “if”: you learn, therefore, that sometimes he receives lashes and sometimes he does not receive lashes. Who it is that may be punished with lashes can be learnt from the context: (v. 4) “Thou shalt not muzzle the ox when he treadeth out the corn” — which is לאו שלא נתק לעשה a prohibition which is not attached to a positive command (cf. Sifrei Devarim 286:4; Makkot 13b).

Rashi — M. Rosenbaum & A. M. Silbermann

והפילו השפט AND THE JUDGE SHALL CAUSE HIM TO FALL DOWN — This teaches that one is not lashed whilst standing or sitting but only when bending (Makkot 22b).

לפניו כדי רשעתו [AND THE JUDGE SHALL … SMITE HIM] IN FRONT ACCORDING TO HIS WICKEDNESS (כדי רשעתו may mean “as much as is sufficient for his wickedness”, i.e., for one part of his wickedness, רשעתו being singular) — in front (on his chest) corresponding to one part of his wickedness, and on his back corresponding to two parts: hence they (the Rabbis) derived that one must give him (anyone sentenced to lashes) two-thirds on his back and one third on his chest (Sifrei Devarim 286:6; Makkot 22b, 23a).

בְּמספר BY A NUMBER — but it (the word) is not punctuated בַּמספר by the number; this shows that it is connected with the following word, to read בְּמִסְפַּר ארבעים [“he shall smite him”] … by the number of forty, (i.e. by the number leading to forty), not, however, a full forty, but a number that leads up to the full total of forty, i.e., forty less one (Makkot 22a).

Rashi — M. Rosenbaum & A. M. Silbermann

לא יסיף HE SHALL NOT EXCEED — From here is derived the prohibition referring to one who strikes his fellow man (Sanhedrin 86b; cf. Ketubot 33a).

ונקלה אחיך WHEN THY BROTHER SHOULD SEEM VILE [UNTO THEE] — All the time it has been calling him “wicked” (vv. 1 and 2), but as soon as he has received the lashes it calls him “thy brother”! (Sifrei Devarim 286:14).

Rashi — M. Rosenbaum & A. M. Silbermann

לא תחסם שור THOU SHALT NOT MUZZLE THE OX [WHEN HE TREADETH OUT THE CORN] — Scripture is speaking of what usually occurs, but the same law applies to any cattle, non-domesticated beast and fowl that are doing some work that is connected with food. But if so why does it (Scripture) state “ox”? To exclude a human being from being subject to this law! (i.e. that if he restrains a workman from eating whilst engaged on some operation connected with food, the master is exempt from flagellation usually inflicted on one who transgresses a negative commandment) (Bava Metzia 88b).

בדישו WHEN HE TREADETH OUT THE CORN — One might think that one might muzzle it previous to that (lit., outside, i.e., before it starts working)! Scripture, however, states, “thou shalt not muzzle an ox” — which implies thou shalt not muzzle it under any circumstances (Bava Metzia 90b). Then why is threshing mentioned?. In order to tell you the following: What is threshing? Its characteristic is that it is done on a thing the work on which is not yet complete to make it liable to tithing and the giving of Challah, and which grows from the ground. So, too, this prohibition applies only to all operations which have similar characteristics: Thus there are excluded from the prohibition “not to muzzle” (i.e. you may restrain from eating) workmen who are engaged in milking, in cheese-making, or in pressing the moisture out of thick milk, all of which operations are done on things which do not grow from the ground; there are excluded, also, the workmen who are engaged in kneading, or in breaking the dough up into pieces for baking, for the work on it is then completed so that it becomes liable to Challah. There are also excluded the workmen engaged in separating dates and figs from the mass, for the work on them is then completed so that they become liable to tithing (Bava Metzia 89a).

Rashi — M. Rosenbaum & A. M. Silbermann

כי ישבו אחים יחדו IF BRETHREN ABIDE TOGETHER, [AND ONE OF THEM DIE … THE WIFE OF THE DEAD SHALL NOT MARRY ABROAD] — This does not mean that they abide in one city but that they have one “abiding” in the world (that they were living at the same time) thus excluding from the operation of this law the wife of one’s brother who never was in his “world” (i.e. a woman may not marry her brother-in-law who was born after her husband’s death) (Sifrei Devarim 288:2; Yevamot 17b).

יחדו TOGETHER — means reciprocally associated (מיוחדים) in the law of inheritance (i.e. that they become the heirs of one another), thus excluding from the duty of יבום the brother on the mother’s side (Sifrei Devarim 288:2).

ובן אין לו AND HE HAS NO SON — The last two words suggest עין עליו, investigate about him whether he has descendants of any kind — a son, or a daughter, or a son’s son or a son’s daughter, or a daughter’s son or daughter’s daughter (cf. Yevamot 22b).

Rashi — M. Rosenbaum & A. M. Silbermann

והיה הבכור AND IT SHALL BE THE FIRSTBORN … — It is the eldest brother who is to perform the duty of levirate marriage (Sifrei Devarim 289:1; Yevamot 24a).

אשר תלד WHOM SHE WILL BEAR — This excludes from the operation of this law a sterile woman, since she cannot bear children (Sifrei Devarim 289:2).

יקום על שם אחיו HE SHALL SUCCEED IN THE NAME OF HIS BROTHER — he who has married his (the deceased brother’s) wife shall receive the portion of the dead brother in his father’s property (Sifrei Devarim 289:3).

ולא ימחה שמו THAT HIS NAME BE NOT WIPED OUT [OF ISRAEL] — thus excluding from the levirate marriage the wife of a castrate, whose name is anyhow wiped out (Sifrei Devarim 289:5; Yevamot 24a).

Rashi — M. Rosenbaum & A. M. Silbermann

השערה — Translate this as the Targum does: to the gate of the court.

Rashi — M. Rosenbaum & A. M. Silbermann

ועמד AND HE SHALL STAND [AND SAY] — He must say this standing (Sifrei Devarim 290:3).

יאמר AND HE SHALL SAY — in the Holy Language. She, too, has to make her statements in the Holy Language (Yevamot 106b; cf. Sifrei Devarim 291:6).

Rashi — M. Rosenbaum & A. M. Silbermann

וירקה בפניו THEN SHE SHALL SPIT BEFORE HIS FACE — on the ground (not in his face) (Yevamot 106b).

אשר לא יבנה [SO SHALL IT BE DONE UNTO THAT MAN] THAT WILL NOT BUILD UP [HIS BROTHER’S HOUSE] — from here the Rabbis derived the law that one who has once given his deceased brothers wife חליצה shall not afterwards marry her, for it does not state “[Thus shall it be done to the man] who hath not built up his brother’s house”, but אשר לא יבנה: “[Thus shall be done to the man] that he shall never build up” — because he has not built up, he shall never after build it up (Yevamot 10b; cf. Sifrei Devarim 291:8).

Rashi — M. Rosenbaum & A. M. Silbermann

תקרא שמו וגו׳ AND HIS NAME SHALL BE CALLED [IN ISRAEL “THE HOUSE OF HIM THAT HATH HIS SHOE LOOSED”] — It is a duty of all those standing there to exclaim: חלוץ הנעל “O, you who have had your shoe drawn off!” (Sifrei Devarim 291:10; Yevamot 106b).

Rashi — M. Rosenbaum & A. M. Silbermann

כי ינצו אנשים WHEN MEN STRIVE TOGETHER, they will in the end come to blows, as it goes on to state “[and the wife approacheth to deliver her husband]” out of the hand of him who smiteth him: No good can come out of a quarrel (Sifrei Devarim 292:1; cf. Rashi on v. 1).

Rashi — M. Rosenbaum & A. M. Silbermann

וקצת את כפה THEN THOU SHALT HEW OFF HER HAND — i.e., she must pay money that is the equivalent of the shame to which he has been put (Bava Kamma 28a), all according to the social position of the person who put him to shame and of him who was shamed (Bava Kamma 83b). But perhaps this is not the meaning, but that you should cut off her hand, literally?! It states, however, here לא תחוס, “thine eye shall not pity her” and it states there (Deuteronomy 19:21) in the laws concerning the plotting witnesses “thou shalt not pity them”; now, what is the case there? It is monetary compensation (see Rashi on that passage)! So, too, monetary compensation is here intended (Sifrei Devarim 293:2).

Rashi — M. Rosenbaum & A. M. Silbermann

אבן ואבן [THOU SHALT NOT HAVE IN THY BAG] DIVERSE STONES — i.e., weights.

גדולה וקטנה A GREAT AND A SMALL — i.e. thou shalt not have a large one that contradicts the small one, — that one must not buy (lit., take) goods by the larger and sell (lit., give it back) by the smaller (Sifrei Devarim 294:1).

Rashi — M. Rosenbaum & A. M. Silbermann

לא יהיה לך THOU SHALT NOT HAVE — This suggests: if YOU do so (if you have false weights), לא יהיה לך you will have nothing (you will become impoverished, being deprived of your property, as you have deprived others of theirs) (cf. Sifrei Devarim 294:3).

Rashi — M. Rosenbaum & A. M. Silbermann

אבן שלמה וצדק יהיה לך THOU SHALT HAVE A PERFECT AND JUST WEIGHT — This again suggests: if you will do this, (using just weights and measures), you will have (יהיה לך) much (cf. Sifrei Devarim 294:3).

Rashi — M. Rosenbaum & A. M. Silbermann

זכור את אשר עשה לך REMEMBER WHAT [AMALEK] DID UNTO THEE — If you use false weights and measures then you must apprehend the provocation of the enemy, as it states (Proverbs 11:1): “A false balance is an abomination to the Lord, etc.”, and there is written immediately after this (v. 2): “If intentional sin comes, shame comes”(Midrash Tanchuma, Ki Teitzei 8).

Rashi — M. Rosenbaum & A. M. Silbermann

אשר קרך בדרך HOW HE MET THEE BY THE WAY — The word קרך is connected in meaning with מקרה “a sudden happening”, i.e., he came against thee by surprise. Another explanation is: it is connected in meaning with the term קרי, nocturnal pollution and uncleanness, because he polluted them by pederasty. Yet another explanation is that it is connected in meaning with the expression קור in the phrase קור וחום “cold and heat” and it means: he made you cold and lukewarm after the boiling heat you had before. For all the nations were afraid to war against you and this one came and began to point out the way to others. A parable! It may be compared to a boiling hot bath into which no living creature could descend. A good-for-nothing came, and sprang down into it; although he scalded himself he made it appear cold to others (Midrash Tanchuma, Ki Teitzei 9).

ויזנב בך means, smiting the membrum; he cut off the membra and threw them up provocatively towards Heaven (God) (Midrash Tanchuma, Ki Teitzei 10).

כל הנחשלים אחריך [AND HE SMOTE THE HINDMOST OF THEE] EVEN THOSE THAT WERE FEEBLE BEHIND THEE — i.e., those who were enfeebled because of their sins and whom the clouds had expelled from the protection they afforded (Midrash Tanchuma, Ki Teitzei 10).

ואתה עיף ויגע AND THOU WAST FAINT AND WEARY — faint through thirst, for it is written, (Exodus 17:3) “And the people thirsted there for water” and it is written immediately afterwards (v. 8) “Then came Amalek”.

ויגע AND WEARY — from the journey (Midrash Tanchuma, Ki Teitzei 10).

ולא ירא AND HE FEARED NOT — Amalek feared not אלהים GOD so as to refrain from harming you (Sifrei Devarim 296:7).

Rashi — M. Rosenbaum & A. M. Silbermann

תמחה את זכר עמלק THOU SHALT WIPE AWAY THE REMEMBRANCE OF AMALEK, — both man and woman, infant and suckling, ox and sheep (a quotation from I Samuel 15:3, stating how the Amalekites were to be destroyed), so that the name of Amalek should never again be mentioned even in connection with a beast, in that one could say: “This beast belonged to Amalek” (Pesikta Zutrata).