Shoftim שופטים

Rashi — M. Rosenbaum & A. M. Silbermann

שפטים ושטרים JUDGES AND BAILIFFS — שופטים are the judges who pronounce sentence, and שוטרים are those who chastise the people at their (the judges’) order [beating and binding the recalcitrant] with a stick and a strap until he accepts the judge’s sentence (Sanhedrin 16b and Rashi thereon; cf. Sifrei Devarim 144:6).

בכל שעריך IN ALL THY GATES — i.e. in each town (Sifrei Devarim 144:3).

לשבטיך THROUGHOUT THY TRIBES — This is to be connected with תתן לך, thus: judges and bailiffs shall you make yourself for your tribes in all all your cities that the Lord, your God, gives you.

לשבטיך THROUGHOUT THY TRIBES — This teaches that judges must be appointed for each tribe separately and each city separately (Sifrei Devarim 144:4; Sanhedrin 16b).

ושפטו את העם וגו׳ AND THEY SHALL JUDGE THE PEOPLE [WITH JUST JUDGMENT] — This means, appoint judges who are expert and righteous to give just judgment (cf. Sifrei Devarim 144:7).

Rashi — M. Rosenbaum & A. M. Silbermann

לא תטה משפט means what it literally implies: THOU SHALT NOT PERVERT JUDGMENT.

ולא תכיר פנים AND THOU SHALT NOT RESPECT PERSONS — not even if it be only during the pleadings of the parties. This is an admonition addressed to the judge that he should not be lenient to one and harsh to the other, e.g. letting one stand and the other sit; because as soon as he (the party treated harshly) observes that the judge shows more respect to his fellow his ability to plead is hampered (i.e. he loses self-confidence and cannot present his case with assurance) (cf. Shevuot 30a).

ולא תקח שחד NEITHER TAKE BRIBERY — even if you mean to give a just judgment in favor of the giver (Sifrei Devarim 144:10; cf. Rashi on Exodus 23:8).

כי השחד יעור FOR BRIBERY DOES BLIND — As soon as he (the judge) has accepted a bribe from him (from one of the parties) it is impossible for him not to incline his heart to him trying to find something in his favor (Ketuvot 105b).

דברי צדיקם means, the words which have been described by the term “righteous” viz., the judgments of truth uttered on Sinai (cf. Rashi on Exodus 22:8 and Note thereon).

Rashi — M. Rosenbaum & A. M. Silbermann

צדק צדק תרדף JUSTICE, JUSTICE SHALT THOU PURSUE — go to (search after) a reliable court (Sifrei Devarim 144:14; Sanhedrin 32b).

למען תחיה וירשת [JUSTICE, JUSTICE SHALT THOU PURSUE] THAT THOU MAYEST LIVE, AND INHERIT [THE LAND WHICH THE LORD THY GOD GIVETH THEE] — The appointment of honest judges is sufficient merit to keep Israel in life and to settle them in security in their land (Sifrei Devarim 144:15).

Rashi — M. Rosenbaum & A. M. Silbermann

לא תטע לך אשרה THOU SHALT NOT PLANT THEE AN ASHERA — This is intended to make one liable to punishment regarding it from the very moment that he plants it (the Ashera); even though he does not worship it he transgresses a negative command by the mere planting of it (Sifrei Devarim 145:1).

לא תטע לך אשרה כל עץ אצל מזבח ה' אלהיך THOU SHALT NOT PLANT THEE AN ASHERA, ANY TREE NEAR UNTO THE ALTAR OF THE LORD THY GOD — This is a prohibition addressed to one who would plant a tree or build a house on the Temple mount (הר הבית) (Sifrei Devarim 145:1).

Rashi — M. Rosenbaum & A. M. Silbermann

ולא תקים לך מצבה NEITHER SHALT THOU RAISE ANY MONUMENT — i.e. a monument of one stone (cf. Rashi on Deuteronomy 12:3), not even in order to sacrifice on it to Heaven (to God).

אשר שנא WHICH [THE LORD THY GOD] HATETH — An altar of stones and an altar of earth He has commanded you to make; this, however, He hates, because it was a religious ordinance amongst the Canaanites. And although it was pleasing to Him in the days of our Patriarchs (cf. Genesis 28:18), now He hates it because these (Canaanites) made it an ordinance of an idolatrous character (cf. Sifrei Devarim 146).

Rashi — M. Rosenbaum & A. M. Silbermann

לא תזבח ... כל דבר רע THOU SHALT NOT SACRIFICE [UNTO THE LORD THY GOD ANY OF THE HERD OR FLOCK WHEREIN IS BLEMISH OR] ANY EVIL THING — This is an admonition to one who would make sacrifices abominable through an evil utterance (דבר רע). (See Rashi on Leviticus 7:18; cf. Sifrei Devarim 147:5). Besides this, other Halachas have been derived from it in the Treatise on “The slaughtering of Sacrifices” (Zevachim 36).

Rashi — M. Rosenbaum & A. M. Silbermann

לעבר בריתו TRANSGRESSING HIS COVENANT — i.e. the covenant which He made with you not to practise idolatry.

Rashi — M. Rosenbaum & A. M. Silbermann

אשר לא צויתי [AND HATH GONE AND SERVED OTHER GODS … EITHER THE SUN, OR MOON, OR ANY OF THE HOST OF HEAVEN] WHICH I HAVE NOT COMMANDED to worship them (Megillah 9b).

Rashi — M. Rosenbaum & A. M. Silbermann

נכון [AND, BEHOLD, IT BE TRUE, AND THE THING BE] CERTAIN — i.e. the evidence of the witnesses is in agreement (מְכֻוָּן‎)

Rashi — M. Rosenbaum & A. M. Silbermann

והוצאת את האיש ההוא אל שעריך וגו׳ THEN THOU SHALT BRING FORTH THAT MAN [OR THAT WOMAN WHO HAVE DONE THAT EVIL THING] UNTO THY GATES — He who renders אל שעריך in the Targum by לתרע בית דינך, unto the gate of thy court, is in error, for thus we have learned (Sifrei Devarim 148:2; Ketubot 45b): אל שעריך — this means the gate (the city) in which he has worshipped the idol. Or, perhaps this is not so, but it means the gate where he is being judged (the judges sat “at the gate of the city”; cf., e.g., Ruth 4:1 ff.)?! The term שעריך, however, is used below (i.e. here, which is the latter part of this section) and is used above (v. 2), and this suggests an analogy. What is the meaning of שעריך that is mentioned above? Evidently the gate (the city) wherein he served the idol! So, too, does שעריך mentioned below (in our verse) denote the gate in which he served the idol. The correct rendering in the Targum is therefore לקרויך “thou shalt bring him forth unto thy cities” (cf. Rashi on Deuteronomy 16:18).

Rashi — M. Rosenbaum & A. M. Silbermann

שנים עדים או שלשה [BY THE MOUTH OF] TWO WITNESSES OR THREE [WITNESSES, SHALL HE THAT IS WORTHY OF DEATH BE PUT TO DEATH] — But if evidence can be established by two witnesses to what end does it (Scripture) mention to you explicitly that it may be established by three? Scripture does so in order to compare the evidence of three witnesses to that of two (to make the same law apply to both cases). How is it in the case of two? Their evidence forms one testimony; so, too, does the evidence of three (or many) witnesses form one testimony and they cannot be declared “plotting witnesses” unless all of them are proved to be “plotting witnesses” (Makkot 5b).

Rashi — M. Rosenbaum & A. M. Silbermann

כי יפלא IF THERE BE [A THING] TOO HARD [FOR THEE IN JUDGMENT] — The term פלא always denotes separation and being at a distance; it means here that the matter is apart and is hidden from thee.

בין דם לדם [IF THERE IS ANYTHING TOO HARD FOR THEE IN JUDGMENT] BETWEEN BLOOD AND BLOOD — i.e. between the blood of the menstruous woman that may be unclean blood, and blood that may be clean (Niddah 19a; cf. Sifrei Devarim 152:5),

בין דין לדין BETWEEN PLEA AND PLEA — i.e. between a verdict of acquittal and a verdict of “guilty”.

בין נגע לנגע BETWEEN PLAGUE AND PLAGUE — i.e. between a plague that may be unclean and a plague that may be clean.

דברי ריבה BEING THINGS OF STRIFE [WITHIN THY GATES] — i.e. that the scholars of the city (the judges) be of different opinions in that particular matter (cf. Onkelos), the one declaring it unclean, the other clean, the one sentencing, the other acquitting,

וקמת ועלית THEN SHALT THOU RISE AND GO UP [UNTO THE PLACE WHICH THE LORD THY GOD SHALL CHOOSE] — This (the phrase “go up”) teaches that the Temple (in the vicinity of which the Sanhedrin sat) was situated higher than all other places in Palestine (Sifrei Devarim 152:15; Sanhedrin 87a). (cf. however, Ibn Ezra on Numbers 16:12.)

Rashi — M. Rosenbaum & A. M. Silbermann

הכהנים הלוים [AND THOU SHALT COME UNTO] THE PRIESTS THE LEVITES — i.e. unto the priests, who descend from of the tribe of Levi.

ואל השפט אשר יהיה בימים ההם [AND THOU SHALT COME UNTO THE PRIESTS …] AND UNTO THE JUDGE THAT SHALL BE IN THOSE DAYS — The last apparently redundant words suggest: and even though he is not as eminent as other judges that have been before him, you must obey him — you have none else but the judge that lives in your days (i.e. you are only concerned with him) (Rosh Hashanah 25b).

Rashi — M. Rosenbaum & A. M. Silbermann

ימין ושמאל [THOU SHALT NOT DEPART FROM THE WORD WHICH THEY SHALL TELL THEE] TO THE RIGHT NOR TO THE LEFT, even if he (the judge) tells you about what appears to you to be right that it is left, or about what appears to you to be left that it is right, you have to obey him; how much the more is this so if actually he tells you about what is evidently right that it is right and about what is left that it is left (cf. Sifrei Devarim 154:5).

Rashi — M. Rosenbaum & A. M. Silbermann

וכל העם ישמעו AND ALL THE PEOPLE SHALL HEAR [AND FEAR] — From here we derive the law that they wait for him (i.e. defer the execution of a זקן ממרא, an elder who disregards the decision of the Supreme Court, to whom Scripture refers in v. 12 by the words והאיש אשר יעשה בזדון) until the next festival (when all Israel is assembled in Jerusalem) and they put him to death at the season of the festival (Sanhedrin 89a).

Rashi — M. Rosenbaum & A. M. Silbermann

לא ירבה לו סוסים HE SHALL NOT MULTIPLY HORSES TO HIMSELF — but he shall have only what is sufficient for his carriages, in order that he shall not cause the people to return to Egypt, because horses come from there, as it is said in the history of Solomon (1 Kings 10:29) “And a chariot came up and went out of Egypt for six hundred shekels of silver and a horse for a hundred and fifty” (Sanhedrin 21b).

Rashi — M. Rosenbaum & A. M. Silbermann

ולא ירבה לו נשים NEITHER SHALL HE MULTIPLY WIVES TO HIMSELF only eighteen, for we find that David had six wives, and it was announced to him (by Nathan the prophet): “[Thus saith the Lord … I gave thy master’s wives into thy bosom] … and if that had been too little, I would add unto thee such and such as these (i.e. twice as many)” (Sanhedrin 21a).

וכסף וזהב לא ירבה לו מאד NEITHER SHALL HE GREATLY MULTIPLY TO HIMSELF SILVER AND GOLD — but only as much as he needs for his soldiers’ pay (Sanhedrin 21a).

Rashi — M. Rosenbaum & A. M. Silbermann

והיה כשבתו AND IT SHALL BE WHEN HE SITTETH [UPON THE THRONE OF HIS KINGDOM] — if he acts thus (as prescribed in the previous verses) he is worthy that his kingdom should endure (Sifrei Devarim 160:1).

את משנה התורה [HE SHALL WRITE HIM] A משנה תורה — i.e. two scrolls of the Law, one that is placed in his treasury and the other that goes out and comes in with him (i.e. a small scroll which he carries everywhere with him) (Sanhedrin 21b). Onkelos, however, renders משנה by פתשגן, a copy; he thus interpreted the word משנה in the sense of שנן, repeating and uttering.

Rashi — M. Rosenbaum & A. M. Silbermann

דברי התורה [ALL] THE WORDS OF [THIS] LAW — Take it as what it literally implies.

Rashi — M. Rosenbaum & A. M. Silbermann

ולבלתי סור מן המצוה AND THAT HE DEPART NOT FROM THE COMMANDMENT — not even from a less important command given to him by means of a prophet.

למען יאריך ימים TO THE END THAT HE MAY PROLONG HIS DAYS [IN HIS KINGDOM] — From the positive statement you may derive the negative (that if he does not fulfil the commandments his kingdom will not endure). And so, indeed, do we find in the case of Saul that Samuel said to him, (I Samuel 10:8) “Seven days shalt thou tarry, till I come unto thee” to offer burnt sacrifices, and it is written, (I Samuel 13:8) “and he tarried seven days”, but he did not keep his promise to wait the whole of the seventh day and had scarcely finished offering the burnt offering when Samuel came (I Samuel 10:10) and said to him (I Samuel 10:13-14) “Thou hast done foolishly; thou hast not kept [the commandment of the Lord thy God, which He commanded thee; for now would the Lord have established thy kingdom upon Israel forever;] but now thy kingdom shall not continue”. Thus you learn that for the neglect of an unimportant command given by means of a prophet he was severely punished.

הוא ובניו [THAT HE MAY PROLONG HIS DAYS IN HIS KINGDOM] HE, AND HIS CHILDREN — This tells you that if his son is worthy of becoming king he has to be given preference to any other person (Horayot 11b).

Rashi — M. Rosenbaum & A. M. Silbermann

כל שבט לוי [THE PRIESTS THE LEVITES] NAMELY ALL THE TRIBE OF LEVI [SHALL HAVE NO PORTION … WITH ISRAEL] — all the tribe, whether they be able-bodied or whether they be blemished (Sifrei Devarim 163:1).

חלק A PORTION — i.e. in the spoil that is taken in battle (Sifrei Devarim 163:2),

ונחלה AND INHERITANCE — in the land (Sifrei Devarim 163:3).

'אשי ה THE FIRE OFFERINGS OF THE LORD — the holy things brought into the Temple (Sifrei Devarim 163:4),

ונחלתו AND HIS INHERITANCE — this refers to the holy things that might be consumed outside Jerusalem (גבולין) — the heave-offerings and the tithes (Sifrei Devarim 163:4) these they shall eat, BUT נחלה AN INHERITANCE, a real inheritance, לא יהיה לו בקרב אחיו SHALL HE NOT HAVE AMONG HIS BRETHREN. In Sifrei Devarim 164, they (the Rabbis) gave the following interpretation: ונחלה לא יהיה לו — this refers to the נחלת שאר the inheritance of the שאר. בקרב אחיו — AMONG HIS BRETHREN — this refers to the inheritance of the five. I do not, however, know for certain what this means (what Sifrei means by שאר and חמשה). But it seems to me that the part of the land of Canaan which is on the other (the western) side of the Jordan and onwards is called the land of the five nations (and these are therefore the five referred to by Sifrei), whilst the territory of Sihon and Og on the eastern side might be called the land of the two nations, viz., the Amorites and the Canaanites, — and נחלת שאר mentioned in Sifrei is intended to include the land of the remaining clans (שאר), the Kenite, the Kenizzite, and the Kadmonite, which will become Israel’s inheritance in some future time. (But the land of Sihon and Og need not be mentioned since this was already divided among the two and a half tribes, and it was known that the tribe of Levi had no share in it.) Similarly it (Sifrei) makes a comment in “the section dealing with the gifts that were promised to Aaron” on the verse (Numbers 18:24) “wherefore [I have said unto them, Among the children of Israel they shall have no inheritance]” that it is intended to express a warning regarding the land of the Kenite, the Kenizzite and the Kadmonite (i.e. that not even in later times when Israel will inherit the land of these nations shall the Levite have a portion in it). — It has since been found in the words of Rabbi Kalonymus that the proper version of this passage in Sifrei reads as follows: ונחלה לא יהיה לו BUT THEY SHALL HAVE NO INHERITANCE — this refers to the territory of the five, בקרב אחיו AMONGST THEIR BRETHREN — this refers to the territory of the seven, and he explains that this means the five tribes and the seven tribes. And because Moses and Joshua assigned an inheritance in the land only to five tribes — for Moses assigned their inheritance to Reuben, Gad and the half tribe of Manasseh, and Joshua assigned their inheritance to Judah, Ephraim and the other half tribe of Manasseh, whilst the remaining seven tribes took their portions themselves in the land (conquered it) after the death of Joshua — for this reason it (Scripture) mentions (alludes to) the five tribes separately and to the seven separately.

Rashi — M. Rosenbaum & A. M. Silbermann

כאשר דבר לו AS HE SPOKE TO HIM i.e., to Aaron [saying],“You shall not inherit in their land… I am your portion [and your inheritance, among the children of Israel].”- (Numbers 18:20)

Rashi — M. Rosenbaum & A. M. Silbermann

מאת העם [AND THIS SHALL BE THE PRIESTS’ DUE] FROM THE PEOPLE — but not from the priest (i.e. if a priest slaughters animals for his own use he is exempt from giving these dues to another priest) (Sifrei Devarim 165:3; cf. Chullin 132b).

אם שור אם שה WHETHER IT BE ONE OF THE HERD OR ONE OF THE FLOCK — this excludes an undomesticated beast (חיה).

הזרע THE SHOULDER is the portion from the knee-joint to the shoulder-blade that is called espalte in old French (cf. Rashi on Chullin 134b).

והלחיים THE TWO CHEEKS — together with the tongue. — Those who interpret the Bible text symbolically (cf. Chullin 134b) said: The זרוע of the animals, (termed יד in later Hebrew), became the due of the priests as a reward for the “hand’’ (יד) which Phineas, the priest, raised against the wrong-doers, as it is said. (Numbers 25:7) “and he took a javelin in his hand”; the “cheek-bones” together with the tongue are a reward for the prayer he offered, as it is said, (Psalms 106:30) “Then stood up Phineas and prayed”; והקבה AND THE MAW — as a reward for his act described thus (Numbers 25:8): “[And he thrust both of them through, the man of Israel] and the woman in her stomach (קבתה) (Chullin 134b).

Rashi — M. Rosenbaum & A. M. Silbermann

ראשית דגנך THE FIRST-FRUIT [ALSO] OF THY CORN … [THOU SHALT GIVE HIM] — This refers to the heave-offering. Scripture, however, does not state any minimum quantity, but our Rabbis fixed a quantity for it from a sixtieth to a fortieth: a benevolent eye (a generous person) gives one fortieth of the crop, a niggard at least one sixtieth, a person of average generosity one fiftieth. They found a support in Scripture that one should not give less than one sixtieth, because it is said, (Ezekiel 45:13) “[This is the heave-offering which ye shall offer:] the sixth part of an ephah of an homer of wheat”. Now the sixth part of an ephah is a half Seah; if therefore you give half a Seah as Terumah from a Kor (which is another term for a Homer), that is a sixtieth part, for a Kor is thirty Seahs (Talmud Yerushalmi Terumot 4:3).

וראשית גז צאנך AND THE FIRST OF THE FLEECE OF THY FLOCK [SHALT THOU GIVE HIM] — i.e. each year when you sheer your sheep (not when you shear a particular animal for the first time) give the first of it (the wool) to the priest. Scripture mentions no minimum quantity for it, but our Rabbis assigned a quantity for it, viz., one sixtieth part. And how many sheep must there be in the flock that they should come under the law of ראשית הגז (of “giving the first shearing as a gift to the priest”)? At least five sheep, as it is said, (I Samuel 25:18) “[Then Abigail made haste and … took] five sheep ready dressed (עשויות). Rabbi Akiba says: we may derive it from our text itself, as follows: ראשית גז suggests two, צאנך also two, together four, תתן לו one, — altogether five (Chullin 137a; Sifrei Devarim 166:9).

Rashi — M. Rosenbaum & A. M. Silbermann

לעמד לשרת TO STAND TO MINISTER — From here we may derive the law that the sacrificial service must be performed standing (Sifrei Devarim 167:1; Sota 38a).

Rashi — M. Rosenbaum & A. M. Silbermann

וכי יבא הלוי AND IF A LEVITE COME […AND MINISTER] — One might think that Scripture speaks of a “Levite” in the usual sense of the word (i.e. of a לוי and not of a כהן)! Scripture, however, goes on to state, (v. 7) “And he shall minister [in the name of the Lord]”; thus the Levites must be excluded for they are not fit for (not entitled to) service in the Temple (Sifrei Devarim 168:1).

ובא בכל אות נפשו ושרת AND COME WITH ALL THE LONGING OF HIS SOUL …AND MINISTER — This teaches that a priest may come and offer his free-will and obligatory sacrifices even at a time when a priestly shift is in charge to which he does not belong (Bava Kamma 109b). Another explanation: It further teaches regarding priests who appear in the Temple as pilgrims on the festivals that they may offer [with the rota], and do the services connected with the sacrifices that are offered on account of the festival, as for instance, the additional offerings due on festivals — although the shift is not theirs (Sifrei Devarim 168:3; Sukkah 55b).

Rashi — M. Rosenbaum & A. M. Silbermann

חלק כחלק יאכלו THEY SHALL ENJOY LIKE PORTIONS — This teaches that they (the priests who come to Jerusalem on the festivals as pilgrims but are not in charge) participate in the hides (of the burnt offerings due on the festivals) and the flesh of the he goats brought as sin-offerings on account of the festivals. One might think that they participate also in sacrifices which are offered not on account of the festivals, as, for instance, the continual burnt offerings, the additional offerings due on account of Sabbath (on which a festival happens to fall) and vow- and free-will offerings! Scripture, however, states: לבד ממכריו על האבות [THEY SHALL ENJOY LIKE PORTIONS] EXCEPT THE SALE OF THE FATHERS — i.e. except those things which their ancestors sold to each other in the days of David and Samuel when the system of shifts was established and they made, as it were, an agreement of sale, saying, “Take thou the ordinary priestly perquisites during thy week and I shall take them during my week (Sifrei Devarim 169:3; Sukkah 56a).

Rashi — M. Rosenbaum & A. M. Silbermann

לא תלמד לעשות THOU SHALT NOT LEARN TO DO [AFTER THE ABOMINATIONS OF THOSE NATIONS] — thou shalt not learn to do, but you may learn their practices in order to understand them and to teach others, that is to say, to understand their doings, how depraved they are, and thus to be able to teach thy children, “Do not so and so because these are the religious observances of the heathens!” (Sifrei Devarim 170:3; Sanhedrin 68a.)

Rashi — M. Rosenbaum & A. M. Silbermann

מעביר בנו ובתו באש [THERE SHALL NOT BE FOUND AMONG YOU ANYONE] THAT MAKETH HIS SON OR HIS DAUGHTER TO PASS THROUGH THE FIRE — This was the way of worshipping Molech. They made two pyres, one on this side and one on the other (one opposite the other) and passed it (the child) between them (cf. Sanhedrin 64b).

קסם קסמים ONE THAT USETH DIVINATION — What is a diviner? One who takes his stick in hand and says, (as though he were consulting it), “Shall I go, or shall I not go?” So does it state, (Hoshea 4:12) “My people ask counsel of their stick, and their staff declareth unto them” (Sifrei Devarim 171:6).

מעונן — Rabbi Akiba said, Such are people who assign times (עונות plural of עונה “period”, “time”) — who say, “This time is auspicious to begin some work”; the Sages, however, say, It refers to those “who hold your eyes under control” (who delude by optical deception; they connect מעונן with עין “eye”) (Sifrei Devarim 171:9).

מנחש A SORCERER — [one who draws prognostications from the fact that] the bread fell from his mouth, or that a stag crossed his path, or that his stick fell from his hand (Sifrei Devarim 171:10; Sanhedrin 65b; cf. Rashi on Leviticus 19:26).

Rashi — M. Rosenbaum & A. M. Silbermann

וחבר חבר OR A CHARMER — One who charms snakes or scorpions or other creatures into one spot (חבר = “an assembly”) (Sifrei Devarim 172:1).

ושאל אוב OR A CONSULTER OF THE SPIRIT אוב — This is a kind of sorcery brought about by a spirit whose name is פיתום (in Greek: πύξον) who speaks out of his (the charmer’s) arm-pit, having raised a corpse beneath his arm-pit (Sifrei Devarim 172:2).

וידעני is one who puts a bone of an animal, the name of which is יִדּוֹעַ, into his mouth and the bone speaks by way of sorcery (Sanhedrin 65a; cf. Rashi on Leviticus 19:31 and Note thereon).

ודרש אל המתים OR A NECROMANCER — as, for instance, one who raises a corpse, placing it on his genitals, or who consults a skull (Sifrei Devarim 172:4; cf. Sanhedrin 65b).

Rashi — M. Rosenbaum & A. M. Silbermann

כל אלה עשה [FOR] ALL THAT DO THESE THINGS [ARE AN ABOMINATION UNTO THE LORD] — it does not say, “he who does all these things”, but “all who do these things” — who do even only one of them (Sifrei Devarim 173:1; cf. Makkot 24a).

Rashi — M. Rosenbaum & A. M. Silbermann

תמים תהיה עם ה' אלהיך THOU SHALT BE PERFECT WITH THE LORD THY GOD — walk before him whole-heartedly, put thy hope in Him and do not attempt to investigate the future, but whatever it may be that comes upon thee accept it whole-heartedly, and then thou shalt be with Him and become His portion (Sifrei Devarim 173:3).

Rashi — M. Rosenbaum & A. M. Silbermann

לא כן נתן לך ה' אלהיך BUT NOT SO HATH THE LORD THY GOD SUFFERED THEE [TO DO] — i.e. to hearken unto מעוננים and קוסמים, for you see, He has made His Divine Presence dwell upon the prophets and upon the “Urim and Thummim” (and these will, if necessary, inform thee of what God has in store for thee).

Rashi — M. Rosenbaum & A. M. Silbermann

מקרבך מאחיך כמני [THE LORD THY GOD WILL RAISE UP UNTO THEE A PROPHET] FROM THE MIDST OF THEE, OF THY BRETHREN, LIKE UNTO ME — This means: One who is as I am, from your midst, of your brethren, יקים לך WILL HE RAISE UP UNTO THEE in my stead, and so likewise from prophet to prophet throughout all ages.

Rashi — M. Rosenbaum & A. M. Silbermann

אשר לא צויתיו לדבר [BUT THE PROPHET WHO SHALL PRESUME TO SPEAK A WORD …] WHICH I HAVE NOT COMMANDED HIM TO SPEAK — but which I may have commanded his fellow-prophet to speak (Sanhedrin 89a),

ואשר ידבר בשם אלהים אחרים OR THAT SHALL SPEAK IN THE NAME OF OTHER GODS — even though he be in exact agreement with the Halacha, — that he forbids what is forbidden, or permits what is permitted, [but does so in the name of other gods] (Sanhedrin 89a),

ומת HE SHALL DIE — by strangulation. — There are three false prophets who must be put to death by man (by the court): one who prophesies something which he has not heard (was not commanded to prophesy); one who prophesies something that was not spoken unto him but was spoken unto his fellow-prophet, and finally one who prophesies in the name of an idol. But he who suppresses his prophecy (does not utter it as commanded to do), and he who transgresses the words of a prophet, or, being himself a prophet, transgresses his own words — their death is by the Heavenly Judge, for it is said, (v. 19) “I” will require it from him” (Sanhedrin 89a).

Rashi — M. Rosenbaum & A. M. Silbermann

וכי תאמר בלבבך AND IF THOU SAY IN THINE HEART [HOW SHALL WE KNOW THE WORD WHICH THE LORD HATH NOT SPOKEN]? — you will once ask this — when Hananiah the son of Azur (the false prophet) comes and prophesies (Jeremiah 27:16) “Behold, the vessels of the Lord’s house will now shortly be brought again from Babylon”, whilst Jeremiah (the true prophet) stands and proclaims (Jeremiah 27:19—22) “concerning the pillars, and concerning the laver, and concerning the bases, and concerning the residue of the vessels [which remain in this city which Nebuchadnezzar king of Babylon took not,…]” which did not go into exile to Babylon with Jeconiah, king of Judah, “they shall be carried to Babylon [and there they shall remain]” together with Zedekiah when he will go into exile (Sifrei Devarim 178:2).

Rashi — M. Rosenbaum & A. M. Silbermann

אשר ידבר הנביא WHEN THE PROPHET SPEAKETH [IN THE NAME OF THE LORD] and says, “This thing will once happen to you”, and you will see that it did not happen, הוא הדבר אשר לא דברו ה׳ THAT IS THE THING WHICH THE LORD HATH NOT SPOKEN — and, therefore, slay him. If, however, you say, “But this refers to one who will prophesy about the future. But suppose one comes and says, ‘Do so and so, and I say this by the command of the Holy One blessed be He’? How, then, can we know whether God has spoken this or not?” The reply is: As regards such a case they have already been commanded that if one comes to thrust thee away from one of the divine commandments, לא תשמע לו “then thou shalt not hearken unto him” (Deuteronomy 13:12), unless you are certain that he is a perfectly righteous man, as, for instance. Elijah at the incident on Mount Carmel, who offered sacrifices on a Bamah (an improvised altar) at a time when offering on Bamoth was forbidden, but who did so in order to fence Israel in against idolatry. Thus all depends on the needs of the time and the necessity of taking preventive measures (סיג) against a breach. With reference to such a case it states, (v. 15) “unto him ye shall hearken” (Sanhedrin 89b; Yevamot 90b).

לא תגור ממנו THOU SHALT NOT BE AFRAID OF HIM — i.e. do not refrain from advocating his guilt (Sifrei Devarim 178:3) and do not fear that you may incur punishment on his account (because you have contributed to his death).

Rashi — M. Rosenbaum & A. M. Silbermann

תכין לך הדרך THOU SHALT PREPARE THEE A WAY — “Refuge!” "Refuge!" was inscribed at each crossroad (to point the way to the nearest city of refuge) (Makkot 10b).

ושלשת את גבול ארצך AND THOU SHALT DIVIDE THE TERRITORY OF THY LAND … INTO THREE PARTS — so that from the point where the boundary begins unto the first city of refuge there should be the same length of journey as there is from it to the second city; and that there should be the same distance from the second to the third and from the third to the other (opposite) boundary of the Land of Israel (Makkot 9b).

Rashi — M. Rosenbaum & A. M. Silbermann

ונדחה ידו AND HIS HAND MOVED (SLIPPED) when he was about to let the axe fall upon the tree. The Targum rendering is ותתמריג ידה, the meaning being, “his hand moved itself to let the stroke of the axe fall upon the tree”. The words (II Samuel 6:6) כי שמטו הבקר are rendered in Targum Jonathan on by: ארי מרגוהי תוריא “for the oxen moved it (the Ark)”

ונשל הברזל מן העץ — Some of our Rabbis say that this means that the iron (axe) flew off from its handle (העץ); but some of them say that it means that the iron made a splinter of wood fall off from the tree which was being chopped, and it sprang off and killed him (according to this explanation the word העץ in both cases refers to the tree) (Makkot 7b).

Rashi — M. Rosenbaum & A. M. Silbermann

פן ירדף גאל הדם LEST THE AVENGER OF THE BLOOD PURSUE [THE SLAYER] — therefore I tell you to prepare the way for you and [to prepare] many cities of refuge.

Rashi — M. Rosenbaum & A. M. Silbermann

ואם ירחיב … כאשר נשבע AND IF [THE LORD THY GOD] ENLARGE [THY TERRITORY], AS HE HATH SWORN [UNTO THY FATHERS] to give thee the land of the Kenite, the Kenizzite and the Kadmonite (Sifrei Devarim 184:3).

Rashi — M. Rosenbaum & A. M. Silbermann

ויספת לך עוד שלש THEN THOU SHALT ADD THREE [CITIES] MORE FOR THEE — Thus you have nine altogether: the three on the east side of the Jordan, the three in the land of Canaan and three more in the future to come when God will enlarge thy territory (Sifrei Devarim 185:1).

Rashi — M. Rosenbaum & A. M. Silbermann

וכי יהיה איש שנא לרעהו BUT IF A MAN HATE HIS FELLOW [AND LIE IN WAIT FOR HIM] — It is through his hatred that he comes to such a point as to “lie in wait for him”. From here they (the Rabbis) derived their statement: If a man transgresses a light command he will in the end transgress a weighty command; — because he transgressed the command (Leviticus 19:17) “Thou shalt not hate thy brother in thine heart”, he will in the end come to such a point as to shed blood. It is for this reason that it is stated here, apparently redundantly, “but if a man hate his fellow [and lie in wait for him]”, for it ought to have written only: “But if a man rise up and lie in wait for his fellow and smite him mortally” (Sifrei Devarim 186:2).

Rashi — M. Rosenbaum & A. M. Silbermann

לא תחוס עינך THINE EYE SHALL NOT PITY [HIM] — i.e. that thou shall not say, The first (the one) person has already been killed, why should we kill this also, so that two Israelites will be killed? (Sifrei Devarim 187:7).

Rashi — M. Rosenbaum & A. M. Silbermann

לא תסיג גבול THOU SHALT NOT REMOVE [THY FELLOW-MAN’S] LANDMARK — תסיג is of the same meaning as (Isaiah 42:17) “they are turned back (נסגו אחור)”. The meaning is, that one moves the mark that shows the division of the land (i.e. the division between two adjoining fields) backwards into the field of his neighbour in order thereby to enlarge his own. — But does it not already state. (Leviticus 19:13) “Thou shalt not rob”, why, then, is it also commanded “Thou shalt not remove the landmark”? It teaches that one who obliterates his neighbour’s border line transgresses two negative commands (לא תגזול and לא תסיג). One might think that this is the case also if one does so outside the Land of Israel! Scripture, however, states, “in thine inheritance which thou shalt inherit [in the land]”;— thus in the Land of Israel one who does this transgresses two negative commands, whilst outside the Land he transgresses only the command of לא תגזול (Sifrei Devarim 188:1-2).

Rashi — M. Rosenbaum & A. M. Silbermann

עד אחד ONE WITNESS [SHALL NOT RISE UP AGAINST A MAN FOR ANY INIQUITY] — This is the classic passage from which the general principle is derived that wherever the term “witness” (עד) occurs in the Torah, it means two witnesses, unless it specifically mentions in connection with it the word אחד (Sanhedrin 30a).

לכל עון ולכל חטאת [ONE WITNESS SHALL NOT RISE UP AGAINST A PERSON] FOR ANY INIQUITY OR ANY SIN — i.e. that his fellow man should be punished on account of his evidence either by bodily punishment or by a monetary punishment; but he may rise up against his fellow men to compel him to take an oath. If, for instance, one says to his fellow, “Return me the maneh which I lent you”, and he replies “I have nothing of yours in my possession”, and one witness testifies that he has, he (the defendant) must take an oath to satisfy him (Shevuot 40a; cf. Sifrei Devarim 188:9).

על פי שני עדים [AT THE MOUTH OF TWO WITNESSES ... SHALL THE MATTER BE ESTABLISHED] — at their mouth, but not that they may write their evidence down in a letter and send it to the court, nor that an interpreter stand between the witnesses and the judges (Sifrei Devarim 188:10).

Rashi — M. Rosenbaum & A. M. Silbermann

לענות בו סרה [IF A WITNESS FOR VIOLENCE RISE UP AGAINST A MAN] TO TESTIFY AGAINST HIM סרה — i.e. a thing which does not exist at all; this term is used because this witness is far removed (הוסר) from having anything to do with this testimony. How is this? (Give an example of such a case)?! That two other witnesses say, “But were you not with us on that day (when you say you saw the defendant committing this crime) in such and such a place (different from that where the alleged crime, according to you, has taken place)?!” (Makkot 5a).

Rashi — M. Rosenbaum & A. M. Silbermann

ועמדו שני האנשים THEN BOTH THE MEN ... SHALL STAND [BEFORE THE LORD] — Scripture here is referring to the witnesses, and teaches firstly that no evidence is valid when given by women, and teaches secondly that they (the witnesses) must submit their testimony while standing (Shevuot 30a; cf. Sifrei Devarim 190:1-3).

אשר להם הריב BETWEEN WHOM THE STRIFE IS — this refers to the contestants (Sanhedrin 19a).

'לפני ה BEFORE THE LORD — It should seem to them as though they are standing before the Omnipresent God, for it is said, (Psalms 82:1) “He (God) judges amongst the judges” (cf. Sifrei Devarim 190:5; Sanhedrin 6b).

אשר יהיו בימים ההם [AND THEY ... SHALL STAND BEFORE ... THE JUDGES] WHO SHALL BE IN THOSE DAYS — The apparently redundant words “who shall be in those days” suggest: Jephthah in his generation must be regarded as was Samuel in his generation: you must treat him with respect (Rosh Hashanah 25b; cf. Rashi on Deuteronomy 17:9 and Deuteronomy 26:3).

Rashi — M. Rosenbaum & A. M. Silbermann

ודרשו השפטים היטב AND THE JUDGES SHALL DILIGENTLY ENQUIRE concerning the statement of those who assert them (the first witnesses) to be “plotting witnesses”, in that they investigate and crossexamine those who assert them to be “plotting witnesses” by diligent enquiry and scrutiny.

והנה עד שקר העד AND, BEHOLD, IF THE WITNESS BE A FALSE WITNESS — Wherever עד is written, [except if the numeral אחד, “one” is added (cf. Rashi on v. 15)], Scripture is speaking of two witnesses (Sanhedrin 30a).

Rashi — M. Rosenbaum & A. M. Silbermann

כאשר זמם [THEN SHALL YE DO UNTO HIM] AS HE HAD INTENDED TO HAVE DONE [UNTO HIS BROTHER] — as he had intended to do, but not as he has done! Hence they (the Rabbis) stated that if they (the false witnesses) have already killed (i.e. if by their evidence the defendant has already been executed) they are not put to death (Makkot 5b).

לעשות לאחיו [THEN SHALL YE DO UNTO HIM AS HE HAD INTENDED] TO HAVE DONE TO HIS BROTHER — What is the force of לאחיו? Would it not have sufficed to state כאשר זמם לעשות? But it teaches in regard to witnesses who have been proved to have “plotted” against a married daughter of a priest by an accusation of adultery, that they are not to be punished with burning (as would have been the punishment of the accused woman, if she had been found guilty), but with the death penalty to which the alleged adulterer would have been subject, which is strangulation. For it is said of such a woman, (Leviticus 21:9) “she shall be burnt to death” — ‘‘she”, but not her paramour (he is not burnt but strangled) — therefore it states here לאחיו, “unto his brother” — ‘‘[ye shall do unto him] as he had intended to have done to his brother” but not as he had intended to have done to his sister. This case, however, is an exception, but with regard to any other death penalties Scripture puts women on the same level with men, and consequently those who are proved to have “plotted” against a woman are made to suffer the same death penalty as those who are proved to have “plotted” against a man. For instance, they have testified against her that she killed a person, or that she desecrated the Sabbath, then they are made to suffer the death she would have suffered, for Scripture excludes here by the word אחיו the “plotting” witnesses from the death penalty of the sister (i.e. which the woman would have suffered) only because it is a case where the law regarding plotting witnesses can be applied to them by letting them suffer the death-penalty of the paramour (Sifrei Devarim 190:14; Sanhedrin 90a).

Rashi — M. Rosenbaum & A. M. Silbermann

ישמעו ויראו [AND THOSE WHO REMAIN] SHALL HEAR AND FEAR — From here we derive the law that a public announcement is required: “The men named so-and-so are to be executed because they have been convicted by the court as “plotting witnesses” (Sanhedrin 89a).

Rashi — M. Rosenbaum & A. M. Silbermann

עין בעין EYE FOR EYE — i.e. monetary compensation; similarly also “tooth for tooth” etc. (Sifrei Devarim 190:16; Bava Kamma 84a; cf. also Rashi on Exodus 21:24).

Rashi — M. Rosenbaum & A. M. Silbermann

כי תצא למלחמה WHEN THOU GOEST OUT TO WAR — Scripture places the going out to war in juxtaposition to this section here (to עין בעין וכו׳) in order to tell you that no person lacking a limb goes out to war (cf. Sifrei Devarim 190:17). Another explanation of why these two sections are put in juxtaposition to each other: it is to tell you that if you execute just judgment you may be confident that if you go to war you will be victorious. Similarly does David say, (Psalms 119:121) “I have done judgement and justice; Thou wilt not leave me to my oppressors” (Midrash Tanchuma, Shoftim 15).

על איבך AGAINST THINE ENEMIES — Let them be in thine eyes as enemies: have no pity upon them, for they will have no pity upon thee (Midrash Tanchuma, Shoftim 15).

סוס ורכב [WHEN THOU GOEST TO WAR ... AND SEEST] HORSES AND CHARIOTS (lit., horse and chariot) — in Mine eyes they are all as only one horse (i.e. they do not count). Similarly it states, (Judges 6:16) “[Surely “I” will be with thee,] and thou shalt smite the Midianites as one man”. And similarly it states, (Exodus 15:19) “For the horse (not the horses) of Pharaoh came [into the sea]” (Midrash Tanchuma, Shoftim 16; cf. Sifrei Devarim 190:21).

עם רב ממך [WHEN THOU GOEST OUT TO WAR … AND SEEST] PEOPLE MORE THAN THOU (or, as it may be translated: PEOPLE, NUMEROUS FROM THY POINT OF VIEW) — in thine eyes they may appear to be numerous but in Mine eyes they are not numerous (Midrash Tanchuma, Shoftim 16).

Rashi — M. Rosenbaum & A. M. Silbermann

כקרבכם אל המלחמה [IT SHALL BE] WHEN YE COME NIGH UNTO THE BATTLE, [THAT THE PRIEST … SHALL SPEAK] — i.e. when ye are on the point of leaving the ספר — the boundary of your land (Sifrei Devarim 191).

ונגש הכהן AND “THE” PRIEST SHALL STEP NIGH [AND SPEAK] “the” priest means, he who has been anointed for that purpose; it is the one who is termed in the Talmud משוח מלחמה, “the priest anointed for war” (Sotah 42a).

ודבר אל העם AND HE SHALL SPEAK UNTO THE PEOPLE — in the Holy Language (Sotah 42a).

Rashi — M. Rosenbaum & A. M. Silbermann

שמע ישראל [AND HE SHALL SAY UNTO THEM] HEAR O ISRAEL — Even though you have no other merit than the fulfilment of the command of “Reading the Shema” you would deserve that He should help you (Sotah 42a).

על איבכם [YE APPROACH THIS DAY UNTO WAR] AGAINST YOUR ENEMIES — By these apparently redundant words the priest says, as it were: Remember that these are not your brethren, and if you will fall into their hands they will have no pity on you; — it is not like the war of Judah against Israel of which it states, (II Chronicles 28:15) “And the men which were expressed by name rose up, and took the captives, and with the spoil clothed all that were naked among them, and arrayed them, and shod them, and gave them to eat and to drink, and anointed them, and carried all the feeble of them upon asses, and brought them to Jericho, the city of the palm trees, to their brethren: they returned to Samaria” — it is your enemies against whom you march, therefore show yourselves strong for the battle (Sifrei Devarim 192:2; Sotah 42a).

אל ירך לבבכם אל תיראו ואל תחפזו ואל תערצו LET NOT YOUR HEARTS FAINT; FEAR NOT, AND HURRY NOT PRECIPITATELY, NEITHER BE TERRIFIED BECAUSE OF THEM — These are four admonitions corresponding to four things which the kings of the nations do in battle: they bring their shields close together in order to strike them one against the other and thereby make a loud noise so that their opponents should flee precipitately; they trample the ground heavily with their horses — and make them neigh — in order to make a noise through the beating of their horses’ hoofs; they themselves shout aloud and blow trumpets and other noisy instruments.

אל ירך לבבכם LET NOT YOUR HEARTS FAINT — through the neighing of the horses,

אל תיראו FEAR NOT from the noise made by the clashing of the shields,

ואל תחפזו AND HURRY NOT PRECIPITATELY at the sounds of the trumpets,

ואל תערצו NEITHER BE TERRIFIED by the noise of the shouting (Sifrei Devarim 192:3; Sotah 42).

Rashi — M. Rosenbaum & A. M. Silbermann

כי ה׳ אלהיכם וגו׳ FOR THE LORD YOUR GOD [IS HE WHO GOETH WITH YOU] — They come to war relying on the conquering strength of human beings (lit., flesh and blood) but you come relying on the strength of the Omnipresent God! The Philistines once came to war relying on the strength of Goliath — what was his end? He fell and they fell with him (Sotah 42a).

ההלך עמכם [FOR THE LORD THY GOD] GOETH WITH THEE — this refers to the camp of the Holy Ark (the camp that has the Holy Ark in its midst, i.e. the camp of the Levites) (Sotah 42a).

Rashi — M. Rosenbaum & A. M. Silbermann

ולא חנכו [WHAT MAN IS THERE THAT HATH BUILT A NEW HOUSE] AND HATH NOT DEDICATED IT — i.e. has not yet dwelt in it. The term חנך denotes beginning a thing (here, it means beginning to live in it; cf. Rashi on Genesis 14:14).

ואיש אחר יחנכנו [LEST HE DIE IN THE WAR] AND ANOTHER MAN DEDICATE IT — which is a matter that causes grief of mind.

Rashi — M. Rosenbaum & A. M. Silbermann

ולא חללו [AND WHAT MAN IS THERE THAT HATH PLANTED A VINEYARD] AND HATH YET NOT EATEN OF IT — לא חללו means, has not yet redeemed it in the fourth year of its growth, for the fruits had either to be eaten in Jerusalem or to be given a non-holy character (חולין), by exchanging them for money and the money’s worth to be consumed in Jerusalem (The phrase therefore means no more than: who hath not eaten of it).

Rashi — M. Rosenbaum & A. M. Silbermann

פן ימות במלחמה [LET HIM GO AND RETURN] LEST HE DIE IN THE WAR — The meaning is: let him return so that he not die, for if he will not hearken to the words of the priests he deserves death (Sifrei Devarim 194:5).

Rashi — M. Rosenbaum & A. M. Silbermann

ויספו השטרים AND THE BAILIFFS [SHALL SPEAK] FURTHER [UNTO THE PEOPLE] — Why does it here state: they shall speak further unto the people? The meaning is that they added this to the words of the priest, for the priest spoke and proclaimed from שמע ישראל (v. 3) to להושיע אתכם (end of 5:4), whilst the paragraphs beginning with מי האיש (v. 5) and with the second מי האיש (v. 6) and with the third מי האיש (v. 7) the priest said quietly and the officers proclaimed. This paragraph, the officers spoke and proclaimed, so that Scripture rightly introduces this last part by the word ויספו השוטרים (Sotah 43a).

הירא ורך הלבב [WHAT MAN IS THERE] WHO IS FEARFUL AND FAINT-HEARTED — Rabbi Akiba said, Take these words as what they literally imply; they mean that he cannot stand in the dense ranks of battle and look on a naked sword. Rabbi Jose, the Galilean, said that it means one who is afraid of the sins he has committed, and therefore Scripture gave him the opportunity of attributing his return home to his house, his vineyard, or his wife, in order to veil the motives of those who really returned because of the sins they had committed, so that people should not know they were great sinners, and whoever saw a person returning would say, “Perhaps he has built a house, or planted a vineyard or betrothed a wife” (Sotah 44a).

Rashi — M. Rosenbaum & A. M. Silbermann

שרי צבאות [THEY SHALL APPOINT] OFFICERS OF THE HOSTS — This means that they shall place guards (זוקפין from זקף “to stand erect”) in front of and behind them (the troops), with iron axes in their hands, and if anybody attempted to desert he (the guard) was empowered to chop off his legs. זוקפין are men who stood in the wings of the battle-line to raise (זקף) those who fall and to strengthen them by encouraging words: “Go back to the battle and do not flee, for flight is the first step to defeat” (Sifrei Devarim 198; Sotah 44).

Rashi — M. Rosenbaum & A. M. Silbermann

כי תקרב אל עיר WHEN THOU APPROACHEST UNTO A CITY [TO FIGHT AGAINST IT] — Scripture is speaking of a war which is not obligatory upon them (as was the war against the seven nations of Canaan, referred to in v. 16), as it is distinctly stated in this section (v. 15) “Thus thou shalt do unto all the cities which are very far [from thee]” etc. (Sifrei Devarim 199:1).

Rashi — M. Rosenbaum & A. M. Silbermann

כל העם הנמצא בה ALL THE PEOPLE THAT IS FOUND THEREIN [SHALL BE TRIBUTARIES] — all: even if you find in it persons belonging to the seven nations which you have been commanded to exterminate, you are allowed to keep them alive (Sifrei Devarim 200:2).

למס ועבדוך [ALL THE PEOPLE … SHALL BE] TRIBUTARIES [UNTO THEE], AND THEY SHALL SERVE THEE — You must not accept their surrender until they take upon themselves both the payment of tribute and servitude (one alone is not sufficient) (Sifrei Devarim 200:3).

Rashi — M. Rosenbaum & A. M. Silbermann

ואם לא תשלים עמך ועשתה עמך מלחמה — Scripture tells you that if it does not make peace with you it will in the end make war against you (attack you) — if you leave it alone and go away (Sifrei Devarim 200:4). (The translation therefore is: AND IF IT WILL MAKE NO PEACE WITH THEE. IT WILL WAR AGAINST THEE).

וצרת עליה THEN THOU SHALT BESIEGE IT — This implies that you are entitled even to starve it out, to make it suffer thirst and to kill it (the inhabitants) by mortal diseases (Sifrei Devarim 200:5).

Rashi — M. Rosenbaum & A. M. Silbermann

ונתנה ה' אלהיך בידך means THEN THE LORD THY GOD WILL GIVE IT INTO THY HANDS — if you have done all that is prescribed in this section the Lord will in the end give it into your hands (Sifrei Devarim 200:6).

Rashi — M. Rosenbaum & A. M. Silbermann

והטף AND THE LITTLE ONES [… SHALT THOU TAKE UNTO THYSELF] — the male children, too. But how am I to understand (v. 13) “and thou shalt smite every male thereof”? As referring to the male adults (Sifrei Devarim 200:7).

Rashi — M. Rosenbaum & A. M. Silbermann

כאשר צוך [BUT THOU SHALT DOOM THEM TO DESTRUCTION: THE HITTITES, … AND THE JEBUSITES,] AS [THE LORD THY GOD] HATH COMMANDED THEE — The words: “as God hath commanded thee” are intended to include the Girgashites (the seventh nation that is not mentioned here) (Sifrei Devarim 201:4).

Rashi — M. Rosenbaum & A. M. Silbermann

למען אשר לא ילמדו [BUT THOU SHALT DOOM THEM TO DESTRUCTION …] THAT THEY TEACH YOU NOT TO DO [AFTER THEIR ABOMINATIONS] — Consequently if they repent of their abominations and wish to become proselytes you are allowed to accept them as such (Sifrei Devarim 202:1).

Rashi — M. Rosenbaum & A. M. Silbermann

ימים [WHEN THOU SHALT BESIEGE A CITY] ימים DAYS — The plural implies at least two days,

רבים MANY must imply at least three days (cf. Rashi on Leviticus 15:25). From here they (the Rabbis) derived the law that the siege of a heathen city must not be commenced less than three days before the Sabbath, and it (this verse) teaches you that the opening up (the invitation to make) peace (v. 10) must be repeated two or three days, for so it states, (II Samuel 1:1) “And David abode two days (ימים שנים) in Ziklag” (Sifrei Devarim 200:4; Shabbat 19a). And Scripture is speaking here of a war which is not obligatory upon them (Sifrei Devarim 200:1).

כי האדם עץ השדה FOR IS THE TREE OF THE FIELD A MAN [THAT IT SHOULD BE BESIEGED BY THEE]? — כי has here the meaning of “possibly”, “perhaps” (cf. Rashi on Exodus 23:5) — is the tree of the field perhaps a man who is able to withdraw within the besieged city from before you, that it should be chastised by the suffering of famine and thirst like the inhabitants of the city? Why should you destroy it?

Rashi — M. Rosenbaum & A. M. Silbermann

עד רדתה [AND THOU SHALT BUILD BULWARKS AGAINST THE CITY …] UNTIL רדתה — This (the word רדתה) means “subduing”, [and the meaning is, thou shalt besiege it until] it becomes submissive.

Rashi — M. Rosenbaum & A. M. Silbermann

ויצאו זקניך THEN THE ELDERS [AND THE JUDGES] SHALL GO FORTH — i.e. the distinguished amongst thy elders, these are the Great Sanhedrin (Sotah 44b).

ומדדו AND THEY SHALL MEASURE — from the place where the corpse lies,

אל הערים אשר סביבת החלל UNTO THE CITIES WHICH ARE ROUND ABOUT HIM THAT IS SLAIN — in every direction, in order to ascertain which is the nearest.

Rashi — M. Rosenbaum & A. M. Silbermann

אל נחל איתן UNTO A VALLEY WHICH IS איתן — which is hard; i.e. one that has never been tilled (Sifrei Devarim 207:2; Sotah 45b).

וערפו AND THEY SHALL STRIKE OFF [THE HEIFER’S] NECK — i.e. one breaks its neck with a hatchet. The Holy One, blessed be He, says, as it were, Let a heifer which is only one year old and which therefore has brought forth no fruits (no offspring) have its neck broken at a spot (the untilled valley) which has not brought forth fruits, to expiate for the murder of him whom they did not permit further to beget children (Sotah 46a).

Rashi — M. Rosenbaum & A. M. Silbermann

ידינו לא שפכה [AND THEY SHALL ANSWER AND SAY,] OUR HANDS HAVE NOT SHED [THIS BLOOD] — But would it enter anyone’s mind that the elders of the court are suspect of blood-shedding?! But the meaning of the declaration is: We never saw him and knowingly let him depart without food or escort (if we had seen him we would not have let him depart without these) (Sifrei Devarim 210:2; Sotah 45b). The priests thereupon say (next verse): כפר לעמך ישראל FORGIVE UNTO THY PEOPLE ISRAEL.

Rashi — M. Rosenbaum & A. M. Silbermann

ונכפר להם הדם AND THE BLOOD SHALL BE PARDONED THEM — Scripture announces to them that when they have done this (the ceremony prescribed) their sin will be forgiven (Sotah 46a).

Rashi — M. Rosenbaum & A. M. Silbermann

ואתה תבער BUT THOU SHALT PUT AWAY [THE GUILT OF INNOCENT BLOOD FROM AMONG YOU] — This teaches that if the murderer is found after the heifer’s neck was broken he must nevertheless be put to death, — and this is what Scripture describes as הישר בעיני ה׳ RIGHT IN THE EYES OF THE LORD (cf. Sotah 47b; Ketubot 37b and Tosafot on Ketubot 37b:16.1 ואח"כ נמצא ההורג).