Devarim
Book 5: Deuteronomy

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SHOFTIM - NOTES ON RASHI COMMENTARY

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Chapter 16 - Text Notes

1 The officers themselves, however, cannot act spontaneously, but must follow direct orders from the judiciary. Cf. Shemos, 5:14. (M).

2 Tanchuma, 2.

3 {Hebrew Ref} is not translated as "gateways," but as "cities." (S.C.)

4 Sifrei, 16:1.

5 But not "...in all of your cities which the Lord your G-d gives you for your tribes." G-d did not give the land directly to the tribes, but to all the people, who then divided it among the tribes. (G.A.)

6 A supreme tribal court held jurisdiction over its particular tribe, much as the Supreme Sanhedrin court in Jerusalem exercised jurisdiction over the entire nation. Also, where members of different tribes inhabited the same city, a separate court was established for each tribe. (Ramban)

7 Sanhedrin, 16:b.

8 The commandment here for justice is not addressed to the judges themselves, but to those who appoint them, admonishing them to choose the proper magistrates. This is indicated by the third person usage, "...and they shall judge, etc.", rather than the direct command, "...you shall judge, etc." (G.A.)

9 Sifrei, 16.

10 And certainly not in the decision itself, as already prohibited by "Do not pervert justice." (S.C.)

11 Shevuos, 30:a.

12 As indicated by the next phrase, "for bribery blinds the eyes of the wise", i.e., impairs their judgement, even when they attempt to judge fairly. (M. Cf. Shemos, 23:8)

13 Sifrei, 16.

14 Kesubos, 105:b.

15 The words of the Torah. (M)

16 This is directed to the litigants, not the judges, as indicated by "pursue justice," rather than "adjudicate justly." (G.A.)

17 Sifrei, 16:4.

18 As commanded above, v. 18, "Judges and police officers, etc., who will judge the people, etc.." Our verse promises life and land to everyone as a reward for that mitzvah, which is incumbent on all the people; but not for the pursuit of pre-eminence mentioned above in our passage. That is localized to those individuals involved in litigation, and could, therefore, not be the source of merit for the entire nation.(M.)

19 Falsehood and deceit are temporal, but truth endures. Thus, in the merit of honesty in judgement, the people will endure on the land. (G.A.).

20 Sifrei, ibid.

21 This is evident from the Torah's mention of planting, rather than worshipping. (G.A.)

22 Sifrei, 16:5.

23 The verse should be understood as if it had stated "[Do not plant, etc.,] 'and' any tree, etc.." (M.) The word 'and' is omitted from the text, to draw a distinction between the 'any tree' and the 'asherah' prohibitions. The 'any tree' prohibition applies to a tree planted for any purpose, within the area of the Temple mount. The 'asherah' is a tree planted for worship and it is forbidden anywhere. (G.A.)

24 The structure restriction was originated by Rabbinical decree, based on the phrase " {Hebrew Ref} ," lit. "any wood," which suggests that any wooden structure may be included in the prohibition. The tree planting prohibition is Biblical, as indicated by the plain meaning of " {Hebrew Ref} ," "any tree." The Torah prohibits this because it was customary for idolators to plant trees near their altars, as a gathering place for the worshipers. (Rambam, Avodah Zara, 6:9) Sifrei, however seems to indicate that both the tree and the structure restrictions are Biblical. The reason: the Temple mount must be consecrated exclusively to the Temple itself. (G.A.)

25 Sifrei, ibid.

26 But this cannot refer to a monument erected for the sake of idolatry, since Rashi below explains that the monument was cherished during the times of the patriarchs. (S.C.)

27 Sifrei, 17:6.

28 The monolithic altar was used universally in the Canaanite ritual, but the other altar forms only occasionally. (M., from Ramban)

29 Sifrei, ibid.

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Chapter 17 - Text Notes

30 An offering is disqualified as "pigul" if its sacrificial rites were performed with the intention that it be eaten or burned after the prescribed time limit, or outside the prescribed area. The Torah in Vayikra (7:18, 19:5--9. See Rashi there) prohibits the eating of any offering so disqualified. Our passage forbids the performance of the rituals with the disqualifying intention. (M.)

31 {Hebrew Ref} , lit. "anything bad," is redundant here, as the blemish disqualification has already been mentioned. Thus, {Hebrew Ref} is reinterpreted as "pernicious statement," alluding to the statement of intention to eat or burn the offering beyond the prescribed parameters. (S.C.)

32 Not necessarily verbal. A mental "statement" of improper intention disqualifies as well. (M)

33 Sifrei, 16:8.

34 Zevachim, 76:b.

35 When King Ptolemy ordered the sages to translate the Torah, they added "to worship" to the text [Megillah, 9:b], so that the king would not misconstrue "which I did not command" as an indication that that there are heavenly bodies which were not created by G-d's command. (Rashi there)

36 {Hebrew Ref} is interpreted as {Hebrew Ref} , "consistent." The interrogation of the witnesses did not reveal any inconsistency in the testimony. However, Radak interprets {Hebrew Ref} as "correct." The examination of the witnesses proved that the assumption of guilt was correct.

37 Our verse.

38 Verse 2.

39 As in v. 18, above. But not literally "your gates," as in 6:9. (S.C.)

40 So that if one witness is disqualified as a relative to the defendant, or for some other reason, the other's testimony cannot stand.

41 And if one is disqualified as a relative, the testimony offered by the other two is invalidated, although neither is personally disqualified. This applies only when each witness testified in immediate succession to the one preceding. (M., from Makos, 5:b)

42 Even if convicted of falsifying their testimony.

43 To the very penalty they proposed for the innocent defendant---in this case, capital punishment.

44 Witnesses proven to have conspired against the defendant by fabricating their testimony. Concerning them, the Torah mandates "Do to him as he conspired to do to his brother" (Devarim, 19:19).

45 When all three testified in immediate succession, none may be punished under the "as he conspired" rule, unless all were proven to have conspired against the defendant by fabricating their testimony. (M., from Makos, 5:b)

46 Rashi's remarks seem to digress from the Talmud's interpretation (Sanhedrin, 87:a), 'Between menstrual blood and birthing blood'. However, the two interpretations may be reconciled. The Talmud's reading of our passage is not literally "  'Between' menstrual blood and birthing blood," but "  'Whether concerning' menstrual blood or concerning birthing blood." There are two separate unresolved rulings, one concerning menstrual blood, and another concerning birthing blood. Rashi explains that the unresolved ruling in each of them is 'between unclean blood and clean blood'---i.e., the lower court cannot determine whether certain menstrual blood is unclean or clean. Or, whether certain birthing blood is unclean or clean. (M. See fns. 47, 48)

47 Sanhedrin (ibid) interprets, 'Between a capital punishment decision and a monetary decision,' meaning that the unresolved decision concerns either capital punishment, or monetary affairs. Rashi explains the unresolved issue in either case---the lower court is unable to determine whether the proper decision is 'not guilty' or 'guilty'. (M. See fn. 46)

48 Sanhedrin (ibid) interprets 'Between human leprosy, and structural and clothing leprosy.' Rashi indicates that the unresolved issues are whether certain leprosies in each of these categories are unclean or clean. (M. See fns. 46, 47)

49 'Between blood and blood, etc.' refers to matters which the lower court could not decide for lack of expertise. 'Matters under dispute' refers to matters which the lower court could not decide because of conflicting opinions. (M)

50 Outside the Holy Land. In Eretz Yisroel, however, Ein Eitam was higher. Or, the walls of the Temple, which were one hundred amohs high, rose above Ein Eitam. (S.C., from Tosafos to Sanhedrin, 87:a)

51 Sifrei, 17:19.

52 Otherwise, "during those days" is redundant---is it possible to approach a judge from another day? (Rosh Hashanah, 25:b)

53 That something traditionally permitted is forbidden.

54 Something traditionally forbidden is permitted. This applies even when the tradition was established by greater sages than those presently ruling. In order to avoid factionalization, Torah law for each generation is subject to the interpretation of the supreme Sanhedrin then sitting at the Temple Mount (G.A.). The Sanhedrin is guided by Divine inspiration in reaching its decision. (M.)

55 Another version of the Rashi text: "Certainly, 'that' he tells you, etc." Certainly, you should assume that he tells you that right is right and left is left---i.e., that his decision is correct, and the mistake is yours. (D.D.)

56 Sifrei, 17:24.

57 When all the people make the pilgrimage to the Temple.

58 Sanhedrin, 89:a. At the trial and execution of the rebellious son (21:15--21), the Torah also states "Let all of Yisroel hear" (v. 21), yet Rashi (there) does not require that the execution take place during the festival, merely that the court issue a proclamation announcing that it occurred. Because that execution is a local matter, performed by a municipal court without national jurisdiction or access to national gatherings. In our passage, however, the trial and execution of the person rebelling against the Sanhedrin were performed by that supreme national tribunal itself, which sat at the Temple mount, where the people gathered during the festival. Since the Sanhedrin exercised national jurisdiction, and convened where the nation gathered, they were required to perform the execution in a national setting. (G.A.)

59 Which may be unlimited, so long as the horses are used for travelling. The prohibition applies only to unused horses, acquired by the king merely for the sake of possession. This is derived from "for himself." (Sanhedrin, 21:b)

60 To live permanently, in order to arrange for the steady supply of horses. However, visiting Egypt for business purposes, or even living there temporarily is permitted. (M.)

61 Melachim 1, 10:29.

62 Shmuel 2, 12:8.

63 Sanhedrin, 21:a.

64 His guard, attendants, etc. The prohibition applies only when he accumulates unneeded wealth, as indicated by "for himself." (M., G.A., from Sanhedrin, 21:b. Cf. fn. 59)

65 "When he occupies his royal throne" is otherwise redundant. Obviously, the Torah scroll obligation applies only after he ascends the throne. (S.C.)

66 Sifrei, 17:34.

67 The king was required to have a second copy of the Torah, in addition to the scroll required of each commoner. The scroll he owned before his appointment as king was stored in the treasury, and the royal scroll accompanied him. (M.)

68 Sanhedrin, 21:b.

69 All the commandments. Since they are already mentioned here, 'straying from the commandment' in the next verse (20) is evidently not general, but refers to a specific mitzvah---that of obeying the prophet, as Rashi interprets there. (S.C.)

70 The other, more difficult commandments were already mentioned in v. 19. (M., G.A. See fn.70)

71 Since Scripture promises a lengthy reign as a result of not straying, the implication is that a shortened reign will result from straying. Hence, a king who strays cannot enjoy a natural tenure---i.e., neither especially long nor especially short---but must suffer curtailment of his reign. (G.A.)

72 As if the negative had been stated specifically.

73 Shmuel made this derivation when he informed Shaul that his reign would not endure. (M)

74 Shmuel 1, 10:8.

75 Ibid, 13:8.

76 Vs. 13,14.

77 In wisdom and piety. If lacking in wisdom, he is appointed and taught. If lacking in piety, he is disqualified. (M., from Rambam, Melachim, 1:7)

78 And may take office without having been annointed. However, a royal scion may be anointed to discourage pretenders to the throne. (Horiyos, 11:b)

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Chapter 18 - Text Notes

79 Although all could receive the priestly gifts (Vayikra, 6:11), only the physically sound were qualified to perform the sacrificial services. Hence, the Israelites naturally favored them with their gifts, to the detriment of those who were blemished. Still, even the blemished ones could not share in the land, and depended on the gifts for their sustenance. (S.C.)

80 Sifrei, 18:40.

81 Ibid.

82 Another version of the Rashi text: The supremely sacred offerings.

83 Sifrei, ibid.

84 This explains why v. 2 repeats that he will not have an inheritance, when v.1 already said this (as Rashi interpreted above, "There will not be ...an inheritance"---in the land). Verse 1 ended by saying that they will eat G-d's inheritance. Still, v. 2 explains, he will not have a complete inheritance in the land among his brethren. (G.A.)

85 18:41. The exposition addresses the repetition in v. 2. (M)

86 See Ramban.

87 There were seven Canaanite nations living in the land inherited by the Israelites (See Bereishis, 15:20,21). What is meant by "the inheritance of five"? And who were "the remaining ones"? (M)

88 To the west, until the Mediterranean Ocean.

89 East of the river Yardein. This territory had already been conquered by the Israelites (Bemidbar, 21:21--35), and appropriated to Gad, Reuvein, and half of Menashe (Ibid, 32:33).

90 To the territory denied to the Levi'im.

91 Edom, Moav, and Ammon. Their lands were not included in Yehoshuah's conquest, but G-d promised Avrohom that they would be inherited by his descendants in the future. See Bereishis, 15:19, Rashi there.

92 Denying the Keini, Kenizzi and Kadmoni territory to the Levites.

93 Above, 10:9.

94 Sifrei, Bemidbar, 18:54. This supports Rashi's interpretation of "the inheritance of the remaining ones" as referring to the land of the Keini, Kenizi, and Kadmoni, in addition to "the inheritance of five," which refers to Eretz Yisroel proper, west of the Yardein river. Still, why is there no Biblical injunction prohibiting the Levites from inheriting the land of Sichon and Og, described by Rashi as "the territory of two nations"? Evidently, because that territory had already been apportioned to Gad, Reuven, and half of Menashe (See fn. 11), making it unnecessary to exclude the Levites. (G.A.).

95 Bemidbar, 18:20.

96 A Kohen is not required to give gifts to his fellow kohanim. (M)

97 Toras Kohanim, 22:129. The word {Hebrew Ref} includes wild animals. The Torah's choice of "an ox or a sheep," rather than {Hebrew Ref} , indicates that wild animals are excluded. (M)

98 Chulin, 134:b.

99 As the tongue is attached to the jaw, it is naturally included when the jaw is removed. (G.A.)

100 Of Pinchas, who executed Zimri as he sinned with a Midianite woman, and was rewarded with membership in the priesthood. (Bemidbar, 25:6--13). The priestly gifts of the foreleg, the jaw, and the maw commemorate his heroism.

101 Ibid. v.7.

102 Tehilim, 106:30.

103 V. 8.

104 Sifrei, 18:46.

105 Terumos, 4:3.

106 Yechezkel, 45:13.

107 The eiphah is comprised of three seahs. (M)

108 The "Chomer" is a kur. (M)

109 Yerushalmi, Terumos, 4:3.

110 Not "the first shearing," meaning that the entire first shearing should be given to the Kohein, but "the first of" the shearing, meaning that a portion of the shearing should be given. (G.A.)

111 Chulin, 137:b.

112 Shmuel 1,25:18.

113 Lit. "five sheep which were caused," read homiletically as "five sheep which cause"---the first shearing obligation. See Rashi to Chulin, 137:a.

114 Sifrei, 18:50.

115 Ibid., 51.

116 Not to the kohein.

117 Thus teaching, from "They shall eat equal portions" (v. 8), that all the Levites are to share equally in the tithes set aside for them, just as the kohanim share equally in the Temple sacrifices. (G.A.)

118 V. 7. This refers to the sacrificial services. Only the kohanim could perform them.

119 Sifrei, 18:52.

120 "With all his soul's desire" indicates that the sacrifices are his own. (L.H.)

121 The kohanim were divided into rotating work groups, with each group, or "watch," exclusively performing the Sanctuary services for one week. Our passage permits all kohanim to offer their personal sacrifices at any time. (See Rambam, K'lai Hamikdash, 4:3,7.)

122 In addition to the personal offerings permitted for the visiting kohanim, as derived from "with all his soul's desire," the Torah also permits the visitors to offer the special festival sacrifices. This is derived from "He shall perform the services...like all of his Levite brethren" (v.7), which infers that the visitor is no more personally involved in the services than his fellow kohanim. Hence, the reference here is not to his personal offerings, but to those of the festival. (L.H.)

123 Of the olah offerings.

124 The special festival sacrifices in which the visitors could share were either olah or sin offerings. (Bemidbar, 29). The kohanim received the skin of the olah and some of the flesh of the sin offering. (M)

125 See Taanis, 27:a, Rambam, K'lei Hamikdash, 4:3.

126 Sifrei, 18:53.

127 Ibid., 55.

128 Sanhedrin, 64:b.

129 Hoshea, 4:12.

130 Sifrei, 18:59.

131 Sanhedrin, 65:b.

132 Ibid.

133 Ibid, 65:a.

134 Ibid.

135 Ibid, 65:b.

136 According to another opinion, one who abstains from food and spends the night in a cemetery, to attract demons. (G.A., from Sanhedrin, 65:b.)

137 Sifrei, 18:64.

138 "With the Lord..." is the reward for "Walk in perfect trust." (M). Single statement, "Walk in perfect trust with the Lord, etc.." However, "Walk in perfect trust" alone would be sufficient. Since "with the Lord..." is redundant, it is understood homiletically separately, as a reward for walking in trust. (G.A.)

139 Sifrei, 18:66.

140 "Has not given you" infers that G-d has already indicated in the past that the Jews must shun the occult. When was this? When He visited the prophets and the oracle, indicating that you should trust Him, not the occultists. (M., G.A.)

141 But not a prophet as great as me. No prophet will ever be as great as Moshe. (M., G.A. See 34:10.)

142 According to Sifrei, "like me" refers to Moshe's fearlessness in demanding that Pharaoh free the Israelites. Like Moshe, the prophets who succeeded him were fearless. Although none were as great as Moshe, they were all instruments for conveying the word of Almighty G-d, and were thus never intimidated by mortal threats. (G.A.)

143 So that the prophetic alternative to the occult guaranteed here would apply in every generation (M.)

144 Sanhedrin, 89:a. Rather than "which I did not instruct to say," Scripture states "which I did not instruct 'him' to say"---but I instructed his fellow. (G.A.)

145 Ibid.

146 All executions in the Torah are by asphyxiation, unless otherwise specified. (M)

147 This is derived from "which I did not instruct him to say." (M., from Sanhedrin)

148 From "which I did not instruct 'him' to say"---but I did instruct his fellow. (Ibid. See fn. 66)

149 From "in the name of a foreign idol." (Ibid)

150 {Hebrew Ref} , "Who does not listen" (v. 19), is read homiletically as {Hebrew Ref} , "who does not make known." (M)

151 From "who does not listen." (Ibid)

152 Ibid.

153 V. 19.

154 Sanhedrin, ibid.

155 {Hebrew Ref} , rather than {Hebrew Ref} , implies "when," not "if." (M.)

156 Chananiah foretold that the vessels would be returned from exile, but the true prophet Yirmiyahu prophesied that more exile would follow.

157 Yirmiyahu, 27:16.

158 Ibid, vs. 19--22.

159 Sifrei, 18:71.

160 Provided the prophecy was stated as a certainty, and predicted something beneficial. However, if punishment for sinners was predicted, then their repentance may prevent the fulfillment of the prophecy, as with Yonah and the people of Nineveh. (G.A.)

161 13:4.

162 Melachim, 1, 18:23.

163 V. 15. This also obligates the people to obey the prophet when his instructions do not affect the Torah's commandments. (M)

164 Sifrei, 18:68.

165 For fear that you may be mistaken, and will be punished for executing a true prophet, as Rashi explains. However, if he is definitely guilty, fear is totally inapplicable. (G.A.)

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Chapter 19 - Text Notes

166 So that the fugitive does not take the wrong road. (S.C.)

167 Makos, 10:b.

168 Sifrei, 19:73. Although there were four sections from border to border, Scripture describes this as three divisions. Because each of the three cities serviced an area equalling one half of the width of the country, with one quarter on each side. Thus, the country was divided into three equal refuge areas. (G.A.)

169 Shmuel 2, 6:6.

170 Makos, 7:b.

171 "So that the journey is not too lengthy" indicates that the subject here is the easy availability of escape from the blood-redeemer---the directions along the route, and the ample number of cities, as mandated in v.3. (G.A.)

172 Bereishis, 15:19.

173 Sifrei, 19:82.

174 Sifrei, ibid.

175 Vayikra, 19:17.

176 Sifrei, 19:83.

177 Otherwise, how could one be compassionate with a deliberate murderer? (M., G.A.)

178 Yeshayah, 42:17.

179 Vayikra, 19:13.

180 Sifrei, 19:86.

181 Otherwise, why must our passage specify "one" witness? (G.A.)

182 Sotah, 31:b.

183 {Hebrew Ref} refers to wilful violation, which engenders corporal or monetary punishment. {Hebrew Ref} refers to unintentional transgression, which must be absolved by the bringing of a sin-offering. The testimony of a single witness is not accepted as sufficient evidene to require any of these. (G.A.)

184 Otherwise, the Torah would simply have stated that a single witness cannot rise up at all. By specifying that he cannot rise up to testify concerning sin and transgressions, the Torah teaches that only punishments are beyond him, but not the oath requirement. (M.)

185 Sifrei, 19:87,88.

186 However, testimony recorded on a legally binding document, such as a promissory note or a bill of sale, is valid. (G.A.) According to some opinions (Rambam, Eidus, 3:4), the validation is by Rabbinical decree.

187 Although the witnesses are testifying verbally, they fail to fulfill "by the word of ...witnesses" by addressing the justices indirectly. (M)

188 Sifrei, ibid.

189 {Hebrew Ref} , "turned aside." The witness was turned aside, or dissociated from his own testimony.

190 It is not only his testimony that is refuted, but his very presence at the scene of the incident he claims to have witnessed.

191 The new testimony discrediting the first witnesses is accepted. Although the first witnesses claim that they were at the scene, their testimony is invalid, as it concerns themselves. (Tor Choshen Mishpat, 38). This is not the rule, however, if the new set of witnesses did not question the presence of the first ones at the scene, but contradicted their version of the incident---for example, if a set of witnesses testified that someone borrowed money, then others testified that he did not borrow. Here, both sets are equally valid. Hence, they nullify one another, and the court disregards all testimony. (M., G.A., from Tor, ibid.)

192 Makos, 5:a.

193 Any number of people may be involved in a court dispute. Why two? (M., G.A., from Shevuos.)

194 Shevuos, 30:a.

195 The witnesses have already been mentioned. This teaches that the litigants, too, must stand (G.A.), as if it had said, "The two men shall stand, 'and' those who are involved. etc." (M.)

196 Sifrei, 19:90.

197 Tehilim, 82:1.

198 Sifrei, ibid.

199 Rosh Hashana, 25:b. Cf. Rashi above, 17:9. There, the teaching is that every judge in his time must be obeyed. Here, that he must be honored. (S.C.)

200 But not at the witnesses themselves. Even if cross-examination exposes them as liars, they are not subject to the punishment in v. 19, which applies only when a second set of witnesses testified that the first were absent from the scene. (M.)

201 By testifying that they were with them at another location. Cf., Rashi to v.16.

202 This consists of determining the alleged date and location of the incident, and examining the testimony for inconsistencies through cross-examination.

203 Sifrei, 19:90.

204 Sotah, 31:b. Rashi has already derived this in v.15. Still, both derivations are necessary. In verse 15, the subject is the validity of testimony. It teaches that wherever "witness" is mentioned as a source of valid testimony, the reference is to two. In our verse the subject is punishment for conspiracy. It teaches that wherever "witness" is mentioned as deserving punishment for conspiracy, the reference is to two. (S.C.)

205 Makos, 5:b. Since the spirit of G-d resides with the judges (see Rashi to v. 16), the court cannot have executed an innocent man. The victim of the conspiracy who was actually executed must have been guilty of some other capital crime. (Ramban)

206 By testifying that she committed adultery.

207 Vayikra, 21:9.

208 Sifrei, 19:95.

209 Sanhedrin, 89:a. With the elder who defies the Sanhedrin (above, 17:13), Rashi requires that the execution be delayed until the festival, in the presence of all the people. Here he omits this. Because the trial and execution there are conducted under the jurisdiction of the Sanhedrin, the supreme national tribunal sitting in Jerusalem at the Temple Mount, where the people gathered during the festival. Here, however, the execution of the conspirators may be under the auspices of any local tribunal, without national jurisdiction, or access to the Temple Mount. (G.A. See fn. to 17:1.)

210 Sifrei, 19:96. "Hand for hand" is interpreted as referring to money, which is passed from hand to hand. (G.A., from Bava Kama, 84:a).

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Chapter 20 - Text Notes

211 Next to "eye for eye, tooth for tooth," etc.

212 Conversely, injustice brings on enemy attack. (G.A.).

213 Tehilim, 119:121.

214 Tanchuma, 15.

215 Otherwise, why specify that the war is against enemies? (M., G.A.)

216 Even after you have taken them captive. Verse 13 (below) refers specifically to a beseiged city, our verse, to open warfare. (M., G.A.).

217 Tanchuma, ibid.

218 Shoftim, 6:16.

219 Shemos, 15:19.

220 Tanchuma, 16.

221 "Horse and chariot" indicates that they are all as one. Why are they now numerous? (M.).

222 Tanchuma, ibid.

223 At the edge of enemy territory. But not when you approach actual warfare. Then, it is too late for the preparations enumerated here. (G.A.).

224 Sifrei, 20:100.

225 He was commissioned especially for the pre-battle proclamation.

226 Sotah, 42:a.

227 "And speak to the people" is compared to "Moshe spoke" (Shemos, 19:19.) Just as Moshe spoke in Hebrew, so did the kohein. (Sotah,) ibid.

228 The kohein has approached the people and is addressing them directly. Why say "Hear Yisroel"? (M)

229 Sotah, ibid.

230 This is derived from "your enemies." (G.A.)

231 Divrei Hayamim 2, 28:15.

232 Sotah, ibid.

233 Sifrei, 20:102.

234 Sotah, 42:a.

235 G-d Himself is omnipresent. The reference must be to the ark. (S.C.)

236 Ibid.

237 The anguishing thought could make the owner crestfallen, and result in his death in battle. (G.A.)

238 Vayikra, 19:24,25.

239 Anointed for warfare.

240 Loudly for all the soldiers to hear.

241 Sotah, 43:a. See Rambam, Melachim, 7:3.

242 As the kohein has assured the warriors that G-d marches with them, why is anyone afraid? Because their transgressions make them unworthy of G-d's protection. (G.A.)

243 Only transgressors should fear death. Why, then should these return? (G.A.)

244 Sotah, 44:a.

245 Ibid.

246 But not to the war the Israelites were required to wage against the Canaanite nations which inhabited Eretz Yisroel. Ramban (here) asserts that the peace overture mandated in our verse applied to the Canaanites as well. It is only if the overture was rejected that the Torah differentiates between them and the distant cities. Then, the women and children of the distant cities may be spared (v.14), but not those of the Canaanites (v. 16).

247 V. 15.

248 Sifrei, 20:115.

249 Sifrei, 20:119.

250 The tribute consisted of service to the king. The servitude, service to any particular Israelite, who was required to pay them. (Ramban).

251 Sifrei, ibid.

252 Sifrei, 20:120.

253 Ibid.

254 Ibid.

255 Sifrei, 20:121.

256 The Girgashites are not mentioned explicitly because they had already fled the land. (See Rashi to Shemos, 33:2). Still, they are included, to teach that any remaining Girgashite individuals were also subject to annihilation. (S.C.)

257 Despite their utter corruption, you may accept them as converts. (G.A.)

258 Sifrei, 20:123.

259 The discussions with the members of the beseiged city, which last for three days, are not appropriate during the Sabbath day of rest. (S.C.)

260 Two or three, depending on circumstances. For example, if reinforcements may arrive on the third day to aid the besieged city, the peace overture ends beforehand. (G.A.)

261 Shmuel 2, 1:1.

262 Sifrei, 20:124. This is derived from "to occupy it." In a war with the Canaanites, the purpose would be to destroy it. (M).

263 You would make an example of a man who escaped the famine and suffering in the city, and destroy him, to frighten the other inhabitants into remaining there. Does the tree also deserve to be destroyed, to show that its place is in the city? (M)

264 But not "until it descends," from {Hebrew Ref} , "descent." Descent would be appropriate for the walls of the city, but the reference here is to its inhabitants. (M.)

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Chapter 21 - Text Notes

265 This is indicated by "your elders," rather than "the city's elders." (M., G.A.)

266 Sotah, 44:b.

267 Although not explicit, this is obvious. (M.)

268 Sifrei, 21:135.

269 The measurement is not ceremonial, but is a means of determining which is closest. Once this is determined, there is no obligation to measure further. (M.)

270 Sotah, 45:b.

271 This is derived by comparison with {Hebrew Ref} (Vayikra, 5:8), which refers to severing the nape. (Sotah, 46:b).

272 Even if the murdered man was incapable of fathering children. The reference here is to the fruitfulness of a life of mitzvos. (S.C.)

273 Sotah, 46:a.

274 Sotah, 45:b.

275 Sotah, 46:a. Otherwise, why were the kohanim asked to come forth in v.5? (Rashi, there)

276 Sotah, 46:a. Although the elders have already washed their hands, the people require absolution, since all Israelites are intertwined and mutually accountable. (M., G.A.)

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