Devarim
Book 5: Deuteronomy

---

KI SEITZEI - NOTES ON RASHI COMMENTARY

---

Chapter 21 - Text Notes

1 Sifrei, 21:1.

2 Obligatory.

3 Among the seven Canaanite nations inhabiting Eretz Yisroel during the conquest (20:16.). But perhaps Scripture refers to a non-Canaanite woman captured during the obligatory conquest of Eretz Yisroel? Marriage with such a woman would not be permitted, since virtually all of the women in the country would lose their lives. The Torah does not relax the laws of modesty, even during battle, with temptation limited to only a tiny handful of women. (M.)

4 The word {Hebrew Ref} , "prisoners from them."

5 Individual.

6 The non-Canaanite nations with whom you waged war.

7 Slated for annihilation as national groups [20:16]. (Sifrei, 21:2). Scripture has already spared the lives of individual Canaanites (20:11). Our passage includes them in the wartime marriage dipensation. (G.A.)

8 Kidushin, 21b.

9 After spending a month at the soldier's home (v. 13), and converting to Judaism. Until then, however, intimate relations are prohibited. (Rashi to Kidushin, 22a). The anticipation of eventual marriage will enable the soldier to subdue his passion beforehand. (Tosafos, there).

10 A grave transgression, as a Jew engaging publicly in relations with a Gentile woman is subject to immediate "execution by the zealous" [Rambam, Isurei Biah, 12:4]. (G.A.)

11 In defiance of the spirit of the law, which does not recognize conversion under duress, except in our case, as the lesser of two evils. (Tosafos, ibid)

12 ."..two wives, one beloved, and one hated.. ." (v. 15)

13 v. 18. Even if she should eventally convert willingly, she will always sympathize with the religion she was forced to abandon, and her children will thus be rebellious. (G.A.)

14 Tanchuma, 1.

15 Kidushin, 21b. Extra-marital relations for Gentiles are prohibited, from (Bereishis, 2:24) ."..a man shall...unite with his wife"-but not with another's wife. (Tosafos to Kidushin, there). The Torah suspends this, as well as the prohibition against having relations with unmarried Gentiles, in deference to the wicked inclination during battle. (Kidushin, there.)

16 See Bereishis, 1:7.

17 Sifrei, 21:7.

18 Thus, the discarding of the garb is in keeping with the other directives, in this verse and in v. 12, designed to make her unattractive. (M)

19 Sifrei, 21:8.

20 From the repetition of "your home," already mentioned in v. 12. (M)

21 Sifrei, 21:9.

22 Why provide a period of mourning for her idolatrous parents? (M)

23 Sifrei, ibid, 11.

24 From "It shall come to pass." (G.A.)

25 Sifrei, 21:4.

26 Sifrei, ibid, 16.

27 Not doublefold "of all that he possesses" literally, meaning that the firstborn is to receive two thirds of the entire estate, regardless of the number of brothers sharing the inheritance. Rather, doublefold in relation to each brother, i.e., equivalent to the portion received by two brothers. (Sifrei, 21:28). Accordingly, since "of all that he possesses" is not construed as broadening the two thirds to include the entire estate, it is reinterpreted to exclude uncollected property, as explained in the following Rashi. (G.A.)

28 Loans repaid by the father's debtors after his demise, property inherited from his relatives whose deaths followed his, etc. (M)

29 Sifrei, ibid, 29.

30 Before the magistrates. (Sanhedrin, 71a). The warning requires the presence of only two witnesses. "Before three," quoted by Rashi directly from the Mishnah [there], teaches that the magistrates presiding over the flogging may, themselves, serve as witnesses to the warning. (G.A.)

31 To be flogged. The warning mentioned above is purposeless unless directed towards a specific offense. Rashi, therefore, specifies the offense. (G.A.). If the gluttony and drunkenness is repeated after the flogging, the punishment is stoning. (Rambam, Mamrim, 7:7)

32 Equivalent to the weight of fifty dinars. (Rambam, ibid, 7:2)

33 Approximately 5--10 ounces, depending on the various opinions concerning the size of a log.

34 V. 20.

35 Mishlei, 23:20.

36 Yet Hagar's son Yishmael, destined for wickedness, was spared by G-d on the basis of his momentary innocence (Bereishis, 21:17). Here, the evildoer has already embarked on a lifestyle leading inevitably to future crime. Yishmael, however, was then innocent. (M).

37 Committing murder. A single murder is punished with execution by the sword, but the wayward son is executed by stoning, the most severe form of capital punishment, as his gluttony and drunknness will result in multiple murder. (G.A.).

38 Sanhedrin, 72b.

39 Sanhedrin, 89a.

40 Tanchuma, 1.

41 But not those executed by other methods. (G.A.). Although not specified explicitly in our passage, stoning is derived from one who "curses G-d."

42 V. 23. Rashi there interprets "for a hanging corpse is an affront to G-d," following the plain meaning of the passage. That explanation is insufficient, however, as no teaching is added to the overnight prohibition already stated there. Rashi therefore cites the homiletic "curse" interpretation also suggested by " {Hebrew Ref} ," to teach that only those stoned are hanged. (G.A.)

43 Sanhedrin, 45b.

44 From {Hebrew Ref} , "light," "insignificant."

45 Melachim 1, 2:8.

---

Chapter 22 - Text Notes

46 Not 'do not conceal it in your possession without returning it,' but 'do not conceal yourself and refrain from paying attention to it' (G.A.)

47 "And conceal yourself" is not a separate phrase sanctioning concealment. (G.A.). The Rabbis, however, expound the phrase separately, suggesting concealment in certain cases.

48 If the finder is a kohein, prohibited from contact with the dead, and the lost animal is in a cemetery; or, the finder is an elder, for whom leading an animal would constitute public degradation. They may "conceal" themselves, and are exempted from retrieving the lost object. (Bava Metziah, 30a)

49 By requiring that he mention a distinctive mark identifying the object as his own. This proves that "your brother seeks it"---i.e., that he is an owner seeking lost property, rather than a thief perpetrating a swindle. (G.A.)

50 Bava Metziah, 27b.

51 Otherwise, "you must return it to him" is obvious, therefore unnecessary. (S.C.)

52 So that the value of the object is returned. (Bava Metziah, 28b)

53 Similarly, the bystander must assist in unloading the burden from an animal which collapsed under its weight [Shemos, 23:5]. (Bava Metziah, 32a.)

54 Nazir, 59a.

55 According to R' Eliezer ben Yaakov. (Ibid)

56 But not shaving. Here, Rashi cites the majority opinion, dissenting with R' Eliezer ben Yakov. (M., from Nazir, ibid.)

57 Chulin, 139a.

58 Not 'Do not take the mother "with" the young,' inferring that she may be taken separately, as v. 7 requires that the mother be sent away. Rather, do not take her "while over" the young. (G.A.)

59 So long as she touches them, but not if she merely hovers over them. (M., from Chulin, 140b).

60 Why specify the reward only with this mitzvah? (M)

61 Sifrei, 22:64.

62 V. 9.

63 V. 10. Obviously, the plowing is done in the field.

64 V. 11.

65 Tanchuma, 1.

66 From "someone who should fall." (S.C.)

67 Sifrei, 22:68.

68 Wheat and barley constitute kilayim, and are prohibited in themselves, even without grapeseed, from Vayikra, 19:19. The sense of our passage is, 'Do not sow your vineyard "with" a mixed species'---i.e., with wheat and barley. (Tosafos, Kidushin, 39a)

69 This constitutes a double offense. Once, for planting wheat and barley, from Vayikra, 19:19, and again, for the two together with grapes, from our passage. (Tosafos, ibid).

70 When the offending seeds are as close as seeds sown by the standard hand flung method. (Berachos, 22a.)

71 Yeshayah, 65:5.

72 Pesachim, 25a.

73 "ox'' and "donkey" in our passage represent all animals, by comparison with ."..your ox, your donkey, and all your animals" [5:14]. (Bava Kama, 54b)

74 Sifrei, 22:79, 80. Plowing here represents any burden. (S.C.)

75 From the word {Hebrew Ref} . The first two letters, {Hebrew Ref} , represent {Hebrew Ref} , "combed." The next letter, {Hebrew Ref} , represents {Hebrew Ref} , "spun." The last letters, {Hebrew Ref} , represent {Hebrew Ref} , "woven."

76 Nidah, 61b. See Rashi and Tosafos there.

77 Yevamos, 4a.

78 Otherwise, why mention his hatred? (M)

79 .". .your brother in your heart." (Vayikra, 19:17)

80 From "this." (M.)

81 Sifrei, 22:89. Actually, Bava Kama (112b) requires this even in property litigation, from "and a warning was given to its owner" (Shemos, 21:29), but only during the presentation of formal charges. Our derivation, evidently, adds the requirement even during casual conversation. (D.D.)

82 The legal procedure described here applies when the accused is an orphan as well. Why mention parents? (M)

83 Sifrei, 22:90.

84 Why doesn't the defendant herself speak? (M)

85 Sifrei, ibid, 91.

86 A random bloodstain on a cloth is not acceptable evidence. (G.A.)

87 Sifrei, 22:92.

88 Sifrei, ibid, 93.

89 Not merely that she was not a virgin---that is not subject to the punishment mandated in verse 21. (M)

90 Kesubos, 44b.

91 Ibid, 45a.

92 The stoning itself, however, is not by the people, but by the witnesses, as mandated above (17:7), "The hand of the witnesses shall be against him first." Accordingly, {Hebrew Ref} , lit. "The people of her city" [shall stone her], is read as {Hebrew Ref} , "[She shall be stoned] in the presence of the people of her city." (M.)

93 In order to further humiliate her parents for her faulty upbringing. (G.A.)

94 Sifrei, 22:100.

95 Where the man places his body in contact with the woman without actual intercourse. (S.C. See Yevamos, 55b)

96 "Both of them" infers activity which gives both pleasure (M.)

97 Sifrei, 22:102.

98 By committing a new act of adultery. "Even" teaches that the second adulterer is also liable to capital punishment for "committing adultery with his fellow's wife" (Vayikra, 20:10), although his accomplice and her husband may no longer live as man and wife, as a result of her first adulterous act. (G.A.).

99 Sifrei, ibid.

100 Erachin, 7a.

101 Sifrei, 22:103, derived from "in the city." (M)

102 The comparison with murder.

103 That the girl who was assaulted is blameless, similar to the murder victim.

104 This is unnecessary, as Scripture states clearly that nothing should be done to the girl. (G.A.).

105 Murder learns from assault. Just as one may rescue the assault victim by killing her molester, if necessary; so may one rescue the murder victim by killing his assailant. (Pesachim, 25b).

---

Chapter 23 - Text Notes

106 Kidushin, 67a.

107 His father's wife was already mentioned. Evidently, this adds someone else. (G.A.)

108 The widow of his childless brother, whom he is required to marry. (25:5)

109 Vayikra, 18:14.

110 Yevamos, 4a.

111 Verse 3. Verse 2 does not intervene, as the person with damaged genitals cannot procreate, and is thus not included among those whose issue may be mamzerim. (Tosafos to Yevamos, 49a)

112 Execution by heavenly decree, but not by mortals. This applies to the uncle's wife, as Vayikra 18:29 punishes all incest with kares.

113 Judicial execution may be considered less stringent than kares. Still, all judicial cases are also subject to kares. (G.A.)

114 Sifrei, 23:111.

115 Yevamos, 75b.

116 But he is accepted as a member of the Jewish people. 'Entering G-d's congregation' refers only to marriage. (G.A.)

117 He is permitted, however, to marry a convert. (M., quoting Yevamos, 77b).

118 But is accepted for conversion. (G.A.)

119 Yevamos, ibid.

120 Sifrei, 23:114. This is derived from {Hebrew Ref} , lit. "Because of the word," the word of advice. (M)

121 Bamidbar, 25:1. Bil'am instructed the Moabites to entice the Jews into idolatry and immorality.

122 V. 17.

123 Yalkut Shimoni.

124 By refraining from marriage for more than two generations. (M)

125 Bamidbar, 20:20.

126 For more than two generations. (M)

127 Shemos, 1:22.

128 Rashi repeats what seems explicit in the text, to clarify that {Hebrew Ref} does not mean 'you were a convert to their religion,' but 'you were a stranger.' (L.H.)

129 The famine which forced Yaakov and his children to descend to Egypt. (Bereishis, 45:11.)

130 Ammon and Moav (v. 4). They also neglected to provide bread and water, and hired Bilam (v.5). Still, "Because of the matter," which alludes to the incitement to sin (see Rashi there), appears first in the passage, indicating that this is the major factor. (Nachalas Yaakov).

131 Sifrei, 23:117.

132 The Torah, therefore, specifies that the precautions be taken during warfare, although they actually apply at all times. (S.C.)

133 Yerushalmi, Shabbos, 2:6.

134 Like the nocturnal incident. The defilement applies when there was a daytime emission as well. (S.C.)

135 Sifrei, 23:120.

136 Sifrei, 23:120.

137 As a matter of convenience, to insure purification in case of a new emission during the day. The immersion may be performed, however, at any time. (G.A.).

138 Sifrei, 23:121.

139 Bamidbar, 2:17.

140 Meaning outside the camp of the Israelites. (G.A.). After Aharon's death, the clouds departed (Rashi to Bamidbar, 20:29). Evidently, our parsha was taught before his death. (S.C.)

141 "A slave of the Gentiles." A Jewish slave owned by a Gentile (M)

142 Gittin, 45a.

143 Sanhedrin, 54b.

144 Thus, Targum does not digress from Rashi's interpretation of {Hebrew Ref} as a promiscuously immoral woman. (S.C.)

145 Bereishis, 22:5.

146 Sifrei, 23:127.

147 Ibid.

148 The harlot was paid with wheat kernels. Flour gound from them cannot be used for a minchah offering.

149 Temurah, 30b. This follows Beis Shamai's opinion there.

150 {Hebrew Ref} is causative, meaning 'You may not cause your brother to collect usury.' (G.A.)

151 Vayikra, 25:37.

152 "You may not pay usury to your brother," and "To your brother, you may not pay usury" (V. 21). The borrower also tansgresses the prohibition against "placing a stumbling block before a blind man,' i.e., engendering the lender's iniquity. Rashi omits this here, as he lists only those transgressions dealing specifically with usury, whereas the 'stumbling block' prohibition applies to all the other transgressions as well. (G.A.)

153 Bava Metziah, 70b.

154 Rosh Hashanah, 4b, derives this from 16:16.

155 What you have articulated...fulfill. (G.A.)

156 {Hebrew Ref} is considered a negative commandment, as if it had said, "Keep from transgressing. Do not delay." (Rashi to Rosh Hashanah, 6a.)

157 Rosh Hashanah, 6a.

158 This is evident from "but you may not place it in your container," indicating that the reference is to a harvester. (M., from Bava Metziah, 87b)

159 Bava Metziah, ibid.

160 Ibid.

161 Bava Metziah, 89b.

162 "Do not lift a sickle" indicates that the reference is to the harvester. (M., citing Bava Metziah, 87b).

---

Chapter 24 - Text Notes

163 Gittin, 90a. Also, in case of other displeasure, he may divorce her, but without obligation. This is derived from "something," which infers that arbitrary divorce is permissible. (G.A., citing Beis Hillel, Gittin, ibid).

164 Gittin, ibid. This is derived from "another." (M)

165 This is derived from the literal "And" [her last husband hates her], rather than "If." (G.A.)

166 Sifrei, 24:135.

167 Scripture describes her as "defiled" (Bemidbar, 5:13). Thus, she is included in our verse's prohibition against marital relations with a "defiled" wife. (Yevamos, 11b).

168 Scripture does not specify "a maid," but "a new wife." (G.A.)

169 Sotah, 44a.

170 20:2.

171 Sotah, 43a. This is derived from "over him"---over the new bridegoom. However, the military command may impose itself over those exempted by the kohein.

172 For a year. [S.C.]

173 Sotah, ibid.

174 Any implements, not necessarily millstones. (M)

175 Bava Metziah, 115a.

176 To the theft. But not when the only evidence is the discovery of the object in his possession. (M)

177 Sifrei, 24:139.

178 Mechilta, 21:63.

179 Sifrei, 24:139.

180 Thereby preventing the Kohein from determining the status of the tzara'as. (M)

181 Makos, 22a.

182 Bamidbar, 12.

183 Sifrei, 24:141. This explains the relation of our verse to verse 8. (M)

184 Sifrei, 24:144. Actually reclining on the object held as collateral, however, is a violation of the usury prohibition. (S.C.)

185 Shemos, 22:25.

186 Bava Kama, 114b.

187 Sifrei, 24:144.

188 As well as the poor. (M)

189 Vayikra, 19:13.

190 The root of {Hebrew Ref} is {Hebrew Ref} , "want," or "desire." (M)

191 Who accepted all 613 commandments and is fully Jewish. (Sifrei, 24:145).

192 Who accepted the seven Noachide commandments, but not Judaism.

193 Ibid.

194 Ibid.

195 Bava Metziah, 112a.

196 This is evident from the separate statement, "and you will have a sin." From "So that he should not complain about you," we derive that the punishment is swift if he complains. (M)

197 Sifrei, 24:146.

198 Ibid, 147.

199 16:19.

200 "You may not secure" infers that the lender is suing for collateral, indicating that the prohibition takes place after the loan is due. The collateral at the time of the loan, however, which is offered willingly by the borrower, in order to obtain the loan, is not included here. (G.A.)

201 Since the Torah specifies "a sheaf." Anything the size of two seahs constitutes a heap. (M., from Sifrei, 24:149)

202 Peah, 6:6.

203 Less than two seahs. (M)

204 Sifrei, ibid.

205 Peah, 6:4.

206 The farmer was unaware that his produce came into the possession of the poor. Scripture specifies the blessing here to include this. (G.A.)

207 Sifrei, 24:149.

208 Just as one must leave the edge of the field for the poor [Vayikra, 19:9] (Chulin, 131b).

209 Ibid. This is similar to shikchah of the field, where the farmer cannot return for what was forgotten behind him [v.19]. (S.C.)

210 But they are not found in every vineyard. (M)

211 Peah, 7:4.

212 Peah, 7:3.

213 Comparable to a load carried on the shoulder. (G.A.)

214 Seeming to drip onto each other. (G.A.)

---

Chapter 25 - Text Notes

215 This is derived from "If a quarrel should occur...and they approach the court of justice," rather than simply, "If people approach the court of justice." (M)

216 It will exacerbate to the extent that only a court of justice will be able to settle it. (G.A.)

217 Avraham. (Bereishis, 13:11).

218 Among the shepherds. (Ibid, v.7)

219 Sifrei, 25:152.

220 V.2.

221 V.4.

222 Makos, 13a. This excludes, for example, the negative commandment prohibiting leaving sacrificial flesh uneaten, as that is attached to the positive commandment requiring the uneaten flesh to be burned. Thus, the person leaving the flesh uneaten would not be liable to flogging.

223 Makos, 22b.

224 The inference is that the flogging from behind is greater, at the minimum double. Since no greater amount is specified, we accept the minimum, and conclude that the flogging from behind is double the amount at the front. (M)

225 Makos, ibid.

226 But {Hebrew Ref} .

227 To "forty" at the beginning of verse 3.

228 Makos, ibid. Why not simply say thirty nine? To indicate that the criminal actually deserves forty lashes, corresponding with the days of the creation of the fetus, from conception until the soul enters on the fortieth day. It is only by Divine compassion that the number was reduced to thirty nine. (G.A.)

229 Sanhedrin, 85a.

230 Sifrei, 25:153.

231 Cf. 22:10.

232 Similar to threshing, as specified in our passage. (M)

233 Simply say, "You may not muzzle while threshing." (S.C.)

234 From the muzzling prohibition. (Sifrei, 25:154). This permits hiring a workman for harvesting on condition that he refrain from eating, whereas the ox must be allowed to eat unconditionally. In the absence of a special condition, however, the workman must also be permitted to eat. (G.A.)

235 The threshing area, so that the ox remains muzzled afterward during the threshing.

236 Rather than, "You may not thresh with a muzzled ox," which would clearly limit the prohibition to the time of threshing. (S.C.)

237 Of gathering the produce from the field and placing it in storage, when the tithing obligation begins. Also, the completion of the work of refining grain for baking---when water is mixed with the flour. The {Hebrew Ref} obligation then begins.

238 By workmen. With produce of the earth, however, the workman must be permitted to eat. See fn. 20.

239 Dough.

240 When the flour and water were mixed.

241 Which became attached while drying. This takes place after the gathering and storage process was completed.

242 Bava Metziah, 89a.

243 This is derived from "reside," not from "together," which is used to exclude maternal brothers. (M)

244 If his brother died before his birth, yibum does not apply. (Sifrei, 25:155)

245 Who do not inherit one another if they die childless, whereas paternal brothers do. (Ibid)

246 Yevamos, 22b. {Hebrew Ref} is sometimes spelled {Hebrew Ref} , as in v. 7, {Hebrew Ref} . The superfluous {Hebrew Ref} is expounded to infer scrutiny. (S.C.)

247 Yevamos, 24a. The end of verse 5, "and perform levirate marriage with her," is read in conjunction with verse 6, "It shall be the firstborn," meaning that the oldest brother shall perform levirate marriage. (Rashi there).

248 Our verse describes the widow to whom levirate marriage applies. (Yevamos, Rashi, ibid.)

249 The eilonis is an organically defective woman, incapable of procreation.

250 Our passage, literally, "shall be established in the name of his deceased brother," refers to his inheritance, as in Bereishis, 48:6, "they shall be called by their brothers' name with regard to their inheritance." (Yevamos, ibid.)

251 Yevamos, ibid. If his condition was congenital, neither yibum nor chalitzah apply. If it was introduced after birth, chalitzah applies. (M., citing Yevamos, 79b.)

252 This is indicated by "to the elders." (M)

253 Yevamos, 106b.

254 Not "in his face." In that case, it would have said, {Hebrew Ref} , "into his face." Actually, {Hebrew Ref} , rather than {Hebrew Ref} , would state more clearly that the spitting is on the ground. However, Scripture prefers {Hebrew Ref} , which may also be interpreted as "in his face," to suggest that the spitting humiliates him as if she had spit in his face. (G.A.)

255 Yevamos, ibid.

256 Yevamos, 10b.

257 Not "The house of the divesture, etc." Our passage does not state the proclamation mitzvah, but its result. As a result of this proclamation, the house will be entitled "The house of the divesture of the shoe." (G.A.)

258 Yevamos, 106b.

259 Sifrei, 25:160. This is derived from Scripture's mention first of altercation, then of blows, rather than, simply, 'If a man strikes his fellow.' (G.A. Cf. v. 1)

260 Bava Kama, 83b.

261 Who testified falsely against an innocent defendant (19:19).

262 Ibid, v. 21.

263 See Rashi there.

264 Sifrei, 25:161.

265 Not literally any stones, but those used for weighing merchandise. (S.C.)

266 Since both allegedly represent the same weight. However, it is perfectly legal to have several counterweights representing different sizes, as one for a liter, another for half a liter, etc. (M.)

267 Sifrei, 25:162.

268 Ibid. "There shall not be in your pocket, etc." would have been sufficient. The addition of "You shall not have, etc." teaches this. (M.)

269 Ibid. "You shall have" here alludes to the reward, just as "you shall not have" above [v. 13] alludes to the punishment. (S.C.)

270 Because you did not restrict yourself to the proper measure, your enemies will no longer be restricted to the proper measure of power allotted to them by the Creator, and they will be free to harrass you. (G.A.)

271 Mishlei, 11:1.

272 Ibid, v. 2.

273 Tanchuma, 8.

274 Ibid, 9.

275 Ibid.

276 Taunting heaven, as if to say, 'Here is the commandment you gave to the Jews. Did it save them?' (M.)

277 {Hebrew Ref} is the same as {Hebrew Ref} , "weak," "feeble." (S.C.)

278 Shemos, 17:3.

279 Ibid, v. 8.

280 Tanchuma, ibid.

281 Ibid.

282 But not the Israelites. Although a few were ejected by the cloud, the rest were G-d-fearing. (G.A.)

283 Sifrei, 25:167.

284 Shmuel 1, 15:3.

285 This is derived from "obliterate the memory," which indicates that no trace may remain. (M.)

---

Return to Main Search Form

Sources