Devarim
Book 5: Deuteronomy


KI SEITZEI - RASHI COMMENTARY


Chapter 21 - Rashi

Verse 10: If you should go to war.

Optional warfare is Scripture's subject;1 for, with regard to the2 war for Eretz Yisroel, it would be inappropriate to say, "and you capture prisoners from them," since it has already said, "Do not allow a soul to remain alive."3

And you capture prisoners from them.

This4 includes the5 Canaanites among them,6 although they are members of the seven nations.7

Verse 11: You may take her as your wife.

The Torah speaks only in deference to the wicked inclination,8 for if the Holy One, blessed is He, would not permit her,9 he would live with her illicitly.10 However, if he does marry her,11 he will ultimately hate her, as it is further said, "If a man has, etc."12 And, ultimately. he will father, from her, a wayward, rebellious son.13 This is why these chapters adjoin one another.14

A wife.

Even someone's wife.15

Verse 12: And allow her nails to grow.

She must allow them to grow16 so that she becomes ugly.17

Verse 13: She must discard her prisoner's garb.

As they are attractive,18 since the young Gentile women beautify themselves during warfare, to invite promiscuous behaviour with them.19

And she will remain in your home.

In the home he makes use of.20 He enters and stumbles over her, leaves and stumbles over her, notices her weeping and disgrace, so that she becomes repulsive to him.21

And weep for her father.

Why to such an extent?22 So that the Israelite daughter may be joyous, while this one is melancholy; the Israelite daughter may beautify herself, while this one becomes ugly.23

Verse 14: But it shall come to pass, that if you do not desire her.

Scripture informs you24 that you will ultimately hate her.25

You may not exploit her.

You may not utilize her.26 In the Persian language, servitude and utilization is verbalized as imra'ah. From the commentary of R' Moshe Hadarshan I have learned this.

Verse 17: Doublefold.

Equivalent to two brothers.27

Of all that he possesses.

From here [we derive] that the firstborn does not inherit doublefold of receivables due after the father's death,28 as he does of property in his possession.29

Verse 18: Wayward.

Who strays from the path.

And rebellious.

Who rebels against his father's instructions. The word means the same as "rebels."

Though they chasten him.

They warn him before three [magistrates] and have him flogged.30 The wayward, rebellious son is not liable31 unless he steals and consumes a tartamor32 of meat, and drinks half a log33 of wine, as it is said, "gluttonous and drunken,"34 and it is said, "Do not be among the wine guzzlers, among those who gluttonously consume meat for themselves."35 The wayward, rebellious son is executed in consideration of his ignoble end.36 The Torah penetrates to the logical conclusion of his thought--- ultimately, he will squander his father's fortune, attempt to apply himself to his studies and fail, station himself near an intersection and plunder his fellow creatures;37 the Torah declares: Let him die in innocence rather than die laden with guilt.38

Verse 21: Let all Yisroel hear and be fearful.

From here [we derive] that there must be a proclamation at the courthouse: 'So-and-so was stoned for having been a wayward, rebellious son!'39

Verse 22: If a man is guilty of a capital offense.

The proximity of the chapters teaches that if his mother and father take pity on him, he will ultimately develop into a degenerate, commit transgressions, and be sentenced to death by the courts.40

You shall hang him from a tree.

The Rabbis remark that all those who are stoned41 are also hung, for it is said, "for a hanging corpse is an affront to G-d,"42 and someone who curses G-d is stoned.43

Verse 23: For a hanging corpse is an affront to G-d.

It is an affront to the king, for man is fashioned in His image, and the Israelites are His children. This is compared to twin brothers who were identical to each other. One became king, and one was apprehended as a thief and hanged. Everyone who saw him exclaimed, 'The king has been hanged!' [The king issued a command, and he was brought down.] {Hebrew Ref} throughout Scripture connotes slighting and insult,44 as in, "He insulted me explicitly."45


Chapter 22 - Rashi

Verse 1: And conceal yourself.

Avert your eyes as if you don't notice it.46

You may not observe...and conceal yourself.

You may not observe it so as to conceal yourself.47 This is its plain meaning. The Rabbis, however, comment: At times, you may conceal yourself, etc.48

Verse 2: Until your brother seeks.

Would it seem reasonable to return it to him before he seeks it? But, rather, inquire after him,49 lest he is a swindler.50

When you must return it to him.

Provided there is a return51--- but not if it eats in your home the equivalent of its value, which you then claim from him. From here, they ruled: Everything which produces and eats, shall produce and eat; which does not produce and eat, shall be sold.52

Verse 3: You may not conceal yourself.

By averting your eyes as if you don't notice it.

Verse 4: You must surely lift it up with him.

This refers to loading--- to load the cargo which fell from it.53

With him.

[With] its owner. But if he walked off and sat down, and said to him, 'Since you were commanded, load if you will,' he is exempt.

Verse 5: A man's attire may not be on a woman.

So that she resembles a man, in order to mingle with men--- this can only be for the purpose of promiscuous behavior.54

Nor may a man wear a woman's garment.

In order to take a place among women. Another interpretation:55 He may not shave the pubic hairs, or under the armpits.

For the abomination.

The Torah prohibited only garments leading to abomination.56

Verse 6: If you should chance.

This excludes a nest owned beforehand.57

Do not take the mother.

While over58 her young.59

Verse 7: So that you will benefit...

If, with an easily fulfilled commandment,60 involving no financial loss, the Torah declares, "So that you will benefit and live long;" then certainly with the reward for the difficult commandments.61

Verse 8: When you build a new home.

If you fulfill the commandment of "sending from the nest," you will ultimately build a new home and fulfill the commandment of [making] a fence, since one mitzvah engenders another mitzvah. And you will attain a vineyard,62 a field,63 and beautiful clothing.64 This is why these chapters adjoin each other.65

A fence.

A fence around the roof. Onkelos translates {Hebrew Ref} , like {Hebrew Ref} , "a container," which protects its contents.

For someone who should fall may fall.

He deserves to fall,66 but still, let his death not come about through you, as benefit is brought about through the meritorious, and injury through the guilty.67

Verse 9: Mixed species.

Wheat, barley,68 and grapeseed,69 within a hand fling.70

Lest...becomes obnoxious.

As Targum [Onkelos] renders, "becomes obnoxious." Anything obnoxious to a person, whether laudable, as with sacred objects, or detestable, as with forbidden objects, is described by the term "obnoxious," as in, "Do not approach me, for I have rendered you obnoxious."71

(The expansion.

This refers to the fullness and enlargement generated by the seed.)72

Verse 10: You may not plow with an ox and a donkey.

This applies, as well, to any two species in the universe,73 and applies, as well, to leading them together, harnessed as a pair, in transporting any kind of burden.74

Verse 11: A mixture of threads.

The meaning is "a mixture." The Rabbis interpret, 75combed, spun, and woven.76

Verse 12: Make yourself pendant threads.

Even out of the {Hebrew Ref} mixture--- this is why Scripture places them near each other.77

13--14: He has relations with her and hates her.

he will ultimately...

Berates her with calumnies.

One transgression engenders another.78 He transgressed "Do not hate"79--- ultimately, he will reach the point of malicious slander.

This woman.

We derive from here80 that no statement may be made except in the presence of the defendant.81

Verse 15: The girl's father and mother.

Those who nurtured the evil branch82 must suffer humiliation over it.83

Verse 16: The girl's father should assert.

This teaches that a woman is not permitted to speak84 before a man.85

Verse 17: Let them spread the cloth.

This is figurative86--- the matter is as clearcut as a cloth.87

Verse 18: And chastise him.

Flogging.88

Verse 20: However, if the allegation is true.

Through witnesses, and with a pre-warning, that she committed adultery89 after her {Hebrew Ref} ---marriage.90

Verse 21: To the entrance of her father's home.

Look at the branch you nurtured.91

The people of her city.

In the presence92 of all the people93 of her city.94

Behaving promiscuously [in] her father's house.

As if it had said "in" her father's house.

Verse 22: Even both of them shall die.

This excludes lascivious activity95 from which the woman does not derive pleasure.96  97

Even.

This adds those following them.98 (Another version of Rashi's text: "those committing sodomy.")99 Another interpretation: "Even both of them" adds the fetus--- if she was pregnant, we do not wait until she gives birth.100

Verse 23: And a man encounters her in the city.

This is why he was intimate with her--- the breach summons the thief. But if she had remained at home, this would not have occurred to her.101

Verse 26: For, just as if a man rises up, etc.

According to the plain interpretation, this is its meaning; 'For she was coerced, he overpowered her, similar to a man who rises up against his fellow murderously.' Our Sages expound, here, 'This102 appears to teach,103 but104 subsequently learns,105 etc.'


Chapter 23 - Rashi

Verse 1: A man may not marry.

He cannot effect marriage with her--- marriage with her is legally invalid.106

And may not expose the edge of his father's garment.

His father's107 prospective levirate partner,108 appropriate for his father. But he was already warned concerning her, from "the nakedness of you father's brother."109 Evidently, to transgress, with her, against two prohibitions,110 and to place, next to her, "the bastard may not enter,"111 to teach that the bastard is only [someone born] of those liable to kares excision;112 certainly judicial execution, as no act of incest or adultery subject to judicial execution is exempt113 from kares excision.

Verse 2: [With injured or crushed].

Whose testicles were injured or crushed.114

Or with a gash causing spilling.

The organ was gashed, and no longer ejects a stream of semen, but spills and dribbles, and is sterile.115

Verse 3: A base-born may not enter into Ad-noy's community.

He may not marry116 an Israelite woman.117

Verse 4: An Ammonite may not enter.

He may not marry an Israelite woman.118  119

Verse 5: Because of the matter.

Because of their advice120 concerning you, to incite you to sin [as written in the affair of Bilam].121

On the way.

When you were harried.

Verse 7: Do not pursue their peace.

By inference from what is said, "He may remain with you, in your midst,"122 perhaps this one as well? The Torah therefore teaches, "Do not pursue their peace."123

8--9: Do not despise the Edomite.

Completely,124 although it would be appropriate for you to despise him, as he advanced towards you with the sword.125

Do not despise the Egyptian.

Totally,126 although they hurled your males into the river.127 What is the reason? Because they received you hospitably128 during a time of need.129 Therefore:

Children who will be born to them in the third generation, etc.

The other nations, however, are permitted immediately. Thus we learn that someone who incites a man to sin is worse than someone who murders him. For the one who murders him, murders him in this world, while the one who incites him to sin, drives him out of this world and the World to Come. Therefore, Edom, who advanced towards them with the sword, is not to be despised. Similarly Egypt, which drowned them. These,130 however, who incited them to sin, are despicable.131

Verse 10: When you go out, etc., take precautions.

As Satan incriminates in times of peril.132  133

Verse 11: A nocturnal incident.

Scriptural law is expressed in common circumstances.134  135

He must go out of the camp.

This is a positive commandment.

He may not enter into the midst of the camp.

This is a negative commandment. He is not permitted to enter the camp of the Levites, certainly not the camp of the Shechinah.136

Verse 12: As sunset nears.

Close to the setting of the sun, he should immerse himself,137 as he does not become pure without the setting of the sun.138

Verse 13: Have a designated place.

As Targum [Onkelos] renders, similar to "everyone at his place."139

Outside the camp.

Outside the cloud.140

Verse 14: In addition to your weapons.

Aside from your other utensils.

Your weapons.

Similar to "your instruments of force."

Verse 15: Let Him not see within you.

[Let] the Holy One, Blessed is He [not see] disgraceful objects.

Verse 16: Do not deliver a slave.

As Targum [Onkelos] renders.141 Another interpretation: Even a Gentile slave owned by a Jew, who fled from outside the land to Eretz Yisroel.142

Verse 18: There shall not be a harlot.

Promiscuous, dedicated to and designated for lecherous relations.

And there shall not be a male prostitute.

Designated for homosexual relations.143 Onkelos renders, 'An Israelite woman shall not be kept by a slave.' for she, too, engages promiscuously in lecherous intimate relations,144 since his marriage is ineffective with her, as they are compared to the donkey, as it is said, "Remain here with the donkey"145 ---a people compared to the donkey. 'And an Israelite man shall not marry a maid servant,' for he, too, becomes a male prostitute through her, since all of their intimate relations amount to lechery, as his marriage is ineffective with her.

Verse 19: A harlot's fee.

[If] he gave her a lamb as her harlot's fee, it is disqualified as a sacrificial offering.146

Or payment for a dog.

If he exchanged a sheep for a dog.147

Even both.

This adds alterations in form, as, for example, wheat kernels148 ground into flour.149

Verse 20: You may not pay usury.

This prohibits the borrower150 from paying interest to the lender. [Afterward, the prohibition to the lender: 'You may not lend him your money for usury.']151

Verse 21: You may pay usury to the stranger.

But not to your brother. A negative commandment deduced from the positive constitutes a positive commandment--- so that he transgresses, for this, two negative commandments152 and one positive commandment.153

Verse 22: Do not delay in discharging it.

For three festivals. The Rabbis derive this from Scripture.154

Verse 24: Keep what you have articulated and perform.

This specifies a positive commandment155 with the negative.156  157

Verse 25: When you enter your fellow's vineyard.

Scripture refers to a laborer.158

As you desire.

As much as you desire.

To your satisfaction.

But not to gorge yourself.159

But you may not place it in your container.

From here [we derive] that the Torah refers only to harvest time, when you place it into the owner's receptacle.160 However, if he enters to till or to hoe, he may not eat.161

Verse 26: When you enter your fellow's standing grainstalks.

With this, as well, Scripture refers to the laborer.162


Chapter 24 - Rashi

Verse 1: For he found in her something lecherous.

He is then commanded to divorce her, and that she should not find favor in his eyes.163

Verse 2: To another man.

This one is utterly incompatible with the first, as he ousted the evil woman from his home, while this one brought her in.164

Verse 3: If [lit. and] her last husband hates her.

Scripture informs him that he will ultimately hate her.165 If not, then she will bury him, as it is said, "Or, if [the last husband] dies."166

Verse 4: After having been defiled.

This adds the adulteress167 who was secluded [with the adulterer].

Verse 5: A new wife.

One that is new to him, even if she is a widow.168 This excludes someone who remarries his divorced wife.169

It shall not impose itself over him.

The military command.

In any matter.

Which is needed by the army--- not to supply water and food, or to repair the roads. However, those who return from the combat formations by declaration of the kohein170 ---for example, one who built a home but did not inaugurate it, or betrothed a woman but did not marry her--- supply water and food, and repair the roads.171

He shall be...for his home.

Even for the sake of his home. If he built a home and inaugurated it, or planted a vineyard and redeemed it, he need not budge from his home172 for the war effort.

For his home.

This refers to his [inaugurated] home.

He shall be.

This adds his [redeemed] vineyard.173

He shall bring joy.

He shall cause his wife to rejoice. Targum also renders "He shall bring joy to his wife." But one who translates, "He shall rejoice with his wife" is mistaken, for this is not the translation of {Hebrew Ref} , but of {Hebrew Ref} .

Verse 6: He may not secure as collateral.

If he demands security from him for his debt in court, he may not secure implements174 of food preparation.175

A mortar.

This refers to the lower [utensil].

Or pestle.

This refers to the upper [utensil].

Verse 7: If a man is apprehended.

Through witnesses,176 and after a warning.177 Similarly, every "apprehended" in the Torah.178

And he exploited him.

He is only liable if he uses him.179

Verse 8: Take precautions with the leprosy affliction.

So as not to pluck they symptoms of defilement, or remove the leprous ulcer.180  181

In accordance with everything that ...shall instruct you.

Whether to place in confinement, condemn, or purify.

Verse 9: Remember what the Ad-noy, your G-d, did to Miriam.

If you intend to take precautions to avoid suffering tzora'as, do not engage in slander. Remember what was done to Miriam, who spoke about her brother, and was afflicted with leprous ulcers.182  183

Verse 10: If you become your fellow's creditor.

You obligate your fellow.

For any amount of debt.

The slightest debt.

Verse 12: Do not repose with his collateral.

Do not repose with his collateral in your possession.184

Verse 13: At sunset.

If it is a night garment. If it is a day garment, return it in the morning. That is already written in "These are the laws"--- "Until sunset, return it to him."185 Throughout the day, return it to him, at sunset, you may take it.186

And bless you.

And even if he does not bless you, still, "It will be to your credit."187

Verse 14: Do not steal from the wage earner.

But isn't it already written? Evidently, to violate, against the destitute, two negative commandments: 'Do not steal the pay of the wage earner who is poor or destitute;' and, against the wealthy,188 he has already been warned, 189"Do not steal from your fellow."

Destitute.

In want of all things.190

Your converts.

This refers to the righteous proselyte.191

In your cities.

This refers to the alien settler,192 who eats meat which was not ritually slaughtered.193

Who are in your land.

This is added to include rental fees for animals and tools.194

Verse 15: And he places his life in jeopardy for it.

For these wages, he places himself in mortal danger--- he climbs a wall, or suspends himself from a tree.195

And you will have a sin.

Regardless,196 except that punishment is swiftly dispatched when someone cries out.197

Verse 16: Fathers shall not be executed through sons.

Through the testimony of the sons. Perhaps through the sin of the sons? It has already been said, "A man is executed by his own sin." However, one who is not a man may die by his father's sin--- minors may die by their fathers sin, by Heavenly decree.198

Verse 17: Do not be devious in the judgement of the proselyte or orphan.

Concerning the wealthy, he has already been warned, "Do not judge deviously."199 It is repeated with the poor so that he violates two prohibitions, since it is easier to distort the judgement of the poor than that of the wealthy. Thus, he warns, and repeats the warning.

You may not secure as collateral.

Not at the time of the loan.200

Verse 18: Remember.

On this condition I redeemed you--- so that you keep my statutes even when the matter entails monetary loss.

Verse 19: And you forget a sheaf.

But not a heap.201 From here we derive that a sheaf containing two seahs that was forgotten is not shikchah.202

In the field.

This is added to include forgotten standing grainstalks, some of which203 he forgot to reap.204

You may not return to take it.

From here we derive that what is behind him is shikchah, but what is before him is not shikchah, as it is not included in "you may not return."205

In order that...will bless you.

Although it came into his possession unintentionally206--- certainly, with someone who acts intentionally. You may thus conclude that if a sela-coin dropped from his hand and was found by a pauper who gained sustenance from it--- he is blessed for it.207

Verse 20: You may not strip it of its glory.

Do not remove its glory from it. From here [we derive] that one must leave unharvested the outer edge of the tree.208

Behind you.

This refers to shikchah.209

Verse 21: You may not harvest pygmy vines.

If you discover210 pygmy vines, you may not take them. What are pygmy vines? Anything lacking the shoulder and the droplets. If it has either of them, then it belongs to the owner.211 I have seen in the Jerusalem Talmud,212 'What is the shoulder? clusters atop one another.213 The droplets? Those hanging down from the main stem.'214


Chapter 25 - Rashi

1--2: If a quarrel should occur.

They will ultimately215 approach the court of justice.216 You may thus conclude that tranquility does not evolve from quarreling. What caused Lot to take leave of the saint?217 You may say, it was quarreling.218  219

And they convict the villain.

Perhaps everyone found liable in court is subject to flogging? The Torah therefore teaches, "Should, the wicked one deserve flogging."220 At times he is flogged, and at times he is not flogged. Who, then is liable to flogging? Learn from the context, "You may not muzzle an ox while it threshes"221--- a negative commandment unattached to a positive commandment.222

The judge shall incline him.

This teaches that he is not flogged standing or sitting, but inclined.223

Before him in the amount befitting his crime.

And behind him, in the amount befitting a double crime.224 From here it is derived that he is flogged two thirds from behind, and one third at the front.225

With the number near.

This is not vocalized {Hebrew Ref} ,226 indicating that it is attached,227 so that we read "With the number near forty," but not with the total of forty. Rather, the number which concludes and completes up to forty, meaning forty minus one.228

Verse 3: He may not add.

From here we derive that one is forbidden to strike one's fellow.229

When your brother will be slighted

He is constantly described as a criminal, but after the flogging, he is entitled "your brother."230

Verse 4: You may not muzzle an ox.

Scripture speaks in commonplace situations, but this applies as well231 to all domesticated animals, wild animals and fowl, engaged in work involving food.232 If so, why is the ox mentioned?233 To exclude man.234

While it threshes.

Perhaps one may muzzle it while outside?235 The Torah therefore teaches, "You may not muzzle an ox,"236 anywhere. Then why is threshing said? To teach you: Just as threshing is, specifically, something done when the work237 was not complete, and with produce of the earth; so, with everything similar. This excludes milking, and cheese and butter making,238 since they are not products of the earth. It excludes kneading and shaping239, since its work was completed240 for the challah obligation. It excludes prying apart dates and figs,241 since their work was completed for tithing.242

Verse 5: If brothers reside together.

Provided they shared a concurrent residence in this world243--- this excludes the wife of his brother who did not share his world.244

Together.

Together in their inheritance. This excludes maternal brothers.245

Having no son.

Scrutinize him246--- a son or daughter, a son's son or daughter, or a daughter's son or daughter.

Verse 6: It shall be that the firstborn.

The oldest brother shall perform levirate marriage with her.247

When she is capable of bearing children.

This excludes the eilonis,248 who cannot bear children.249

Shall be established in place of his deceased brother.

The one who performed levirate marriage with his wife, shall receive the deceased's share in his father's estate.250

So that his name may not be obliterated.

This excludes the wife of a eunuch, whose name is already obliterated.251

Verse 7: To the portal.

As Targum [Onkelos] translates, "To the portal of the court of law."252

Verse 8: He shall stand.

While standing.

And declare.

In the sacred language. She, too, must speak in the sacred language.253

Verse 9: And spit before him.

On the ground.254  255

Who will not build.

From here we derive that someone who performed chalitzah may not retract and perform levirate marriage, as it does not say, "Who did not build," but "Who will not build." Since he did not build, he may no longer build.256

Verse 10: It will be entitled, etc.

It is a mitzvah incumbent on all those standing there to proclaim, "The divesture of the shoe."257  258

Verse 11: If men engage in an altercation.

Ultimately, they will come to blows, as it is said, "From his assailant." No peace can result from altercation.259

Verse 12: You shall sever her hand.

Monetary payment for his humiliation, varying according to the one who caused the humiliation, and the one who suffered it.260 But perhaps this refers literally to her hand? It is said here, "have no compassion," and it is said elsewhere, concerning scheming witnesses,261 "Have no compassion."262 Just as there, the reference is to monetary payment,263 here, too, the reference is to monetary payment.264

Verse 13: Varying weight-stones. [lit. stones]

Counter-weights.265

Large and small.

Where the larger contradicts the smaller,266 so that he will not receive with the larger, and return with the smaller.267

Verse 14: You shall not have.

If you do this, you shall not have anything.268

Verse 15: A fully accurate, just weight, you shall have.

If you fulfill this, you shall have abundance.269

Verse 17: Remember what...perpetrated against you.

If you were deceitful with your measures and weights, you should dread harrassment by the enemy,270 as it is said, "Deceitful scales are abhorred by Ad-noy,"271 and it is written afterward, 272"The malicious arrive, then comes mortification."273

Verse 18: When they chanced upon you en route.

This connotes a chance occurrence. Another interpretation: The connotation is semen and ritual defilement--- they defiled them with homosexual relations.274 Another interpretation: The meaning is "cold," as opposed to heat. They cooled you, moderated you to tepidness from seething heat. For all the nations were afraid of waging war against you, until they commenced, preparing the way for others. This is compared with a boiling bath into which no creature could enter. One villain came and leaped into it. Although he was scalded, he cooled it for the others.275

They struck down your appendage.

Striking at the appendage--- they severed the circumcision, and flung it heavenward.276

All the feeble ones behind you.

Enfeebled277 because of their sins, as the cloud ejected them.

And You were exhausted and wearied.

Exhausted by thirst, as it is written, "The people thirsted there for water,"278 and afterward it is written, 279"Amalek came."280

And wearied.

By travel.281

They had no fear.

Amalek282, of G-d, so as not to harm you.283

Verse 19: You shall obliterate the memory of Amalek.

Man and woman, child and infant, ox and sheep,284 so that the name "Amalek" will never be remembered, even with regard to an animal, by saying, 'This animal belonged to Amalek.'285


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