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ラシ 申命記注解 申命記 21章 | NeON Church
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申命記 21章
ラシ（シュロモ・イツハキ）『ラシ 申命記注解』
1
Deuteronomy 21:2
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).
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申命 21:2
2
Deuteronomy 21:2
ומדדו AND THEY SHALL MEASURE — from the place where the corpse lies,
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申命 21:2
3
Deuteronomy 21:2
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.
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申命 21:2
4
Deuteronomy 21:4
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).
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申命 21:4
5
Deuteronomy 21:4
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).
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申命 21:4
6
Deuteronomy 21:7
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.
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申命 21:7
7
Deuteronomy 21:8
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).
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申命 21:8
8
Deuteronomy 21:9
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).
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申命 21:9
9
Deuteronomy 21:10
כי תצא למלחמה WHEN THOU GOEST FORTH TO WAR — Scripture is speaking here of a war that is not obligatory upon the Israelites (Sifrei Devarim 211:1), for in regard to a war that was waged against the inhabitants of Erez Israel, Scripture could not possibly say, “and thou hast captured captives”, since it has already been stated regarding them, (Deuteronomy 20:16) “[But of the cities of those people ...] you shall not allow any soul to live”.
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申命 21:10
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申命 20:16
10
Deuteronomy 21:10
ושבית שביו AND THOU HAST CAPTURED CAPTIVES — These apparently redundant words are intended to include Canaanite people living in it (in a city outside Canaan), that it is allowed to capture them although they belong to the seven nations (Sifrei Devarim 211:4; Sotah 35b).
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申命 21:10
11
Deuteronomy 21:11
אשת [AND THOU SEEST AMONG THE CAPTIVES] A WOMAN — even if she be a married woman (Sifrei Devarim 211:7; Kiddushin 21b).
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申命 21:11
12
Deuteronomy 21:11
ולקחת לך לאשה [AND THOU DELIGHTEST IN HER,] THAT THOU WOULDEST TAKE HER FOR THY WIFE) — Scripture is speaking (makes this concession) only in view of man’s evil inclination (his carnal desires) (Kiddushin 21b). For if the Holy One, blessed be He, would not permit her to him as a wife, he would nevertheless marry her although she would then be forbidden to him. However, if he does marry her, in the end he will hate her, for Scripture writes immediately afterwards, (v. 15) “If a man have two wives, one beloved, and another hated, etc.” and ultimately he will beget a refractory and rebellious son by her (v. 18). It is for this reason that these sections are put in juxtaposition (Midrash Tanchuma, Ki Teitzei 1).
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申命 21:11
13
Deuteronomy 21:12
ועשת את צפרניה means, AND SHE SHALL LET GROW HER NAILS — She must let them grow, so that she should becomes repulsive to her captor (cf. Sifrei Devarim 212:4; Yevamot 48a; see also Rashi on Genesis 1:7 and our Note thereon).
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申命 21:12
14
Deuteronomy 21:13
והסירה את שמלת שביה AND SHE SHALL REMOVE THE RAIMENT OF HER CAPTIVITY — the reason is because these are fine clothes, for the women of the heathen peoples adorned themselves in time of war in order to lure others (the enemy) to unchastity with them (Sifrei Devarim 213:1).
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申命 21:13
15
Deuteronomy 21:13
וישבה בביתך AND SHE SHALL DWELL IN “THY” HOUSE — [not in the women’s apartments, but] in the house which he constantly uses: when he goes in he stumbles upon her, when he leaves he stumbles upon her (i.e. he cannot avoid meeting her constantly and the novelty of her beauty wears off); he sees her endless crying, sees her neglected appearance — and all this in order that she should become repulsive to him (Sifrei Devarim 213:2).
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申命 21:13
16
Deuteronomy 21:13
ובכתה את אביה AND SHE SHALL WEEP FOR HER FATHER [AND HER MOTHER A FULL MONTH] — Why all this? In order to make a contrast — that while the Jewish woman (the captor’s Jewish wife) is gladsome, she should be downhearted, while the Jewish woman adorns herself, this one should bear a neglected appearance (Sifrei Devarim 213:5).
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申命 21:13
17
Deuteronomy 21:14
והיה אם לא חפצת בה AND IT SHALL BE, IF THOU ART NOT PLEASED WITH HER — Scripture tell you that you will in the end hate her (Sifrei Devarim 214:1).
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申命 21:14
18
Deuteronomy 21:14
לא תתעמר בה means; THOU SHALT NOT USE HER AS A SLAVE. In the Persian language slavery and servitude is termed עימראה. I learned this from the work of R. Moses the Preacher.
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申命 21:14
19
Deuteronomy 21:17
פי שנים A DOUBLE PORTION — i.e. a portion equal to those of two brothers together (Sifrei Devarim 217:2-4).
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申命 21:17
20
Deuteronomy 21:17
בכל אשר ימצא לו [BUT HE SHALL ACKNOWLEDGE THE SON OF THE HATED FOR THE FIRSTBORN, BY GIVING HIM A DOUBLE PORTION] OF ALL THAT SHALL BE FOUND WITH HIM — From here the Rabbis derived the law that the firstborn does not receive a double share of what is due to come after the death of the father (as, e.g., a debt or a legacy that were payable to his father on a certain date, before which, however, the father died — technically termed ראוי), as he does of what is actually held in possession by the father (מוחזק) (Sifrei Devarim 217:6; Bekhorot 51b).
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申命 21:17
21
Deuteronomy 21:18
סורר (from the root סור to deviate) means, one who deviates from the proper path of life.
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申命 21:18
22
Deuteronomy 21:18
ומורה means, one who is disobedient to the words of his father, of the same meaning as ממרים in the phrase (Deuteronomy 9:7) “ממרים הייתם”, “ye have been rebellious”.
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申命 21:18
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申命 9:7
23
Deuteronomy 21:18
ויסרו אתו AND THEY SHALL CHASTISE HIM — admonish him in the presence of three people, and if he still remains refractory they cause him to be lashed through the court (Sanhedrin 71a; cf. Sifrei Devarim 218:11). The refractory and rebellious son is not liable to the death penalty until he proves to be a thief and eats at one meal a “tartemar” (a weight of half a Maneh) flesh and drinks half a Log wine, for it is said of him, (v. 20) זולל וסבא, and in another passage (Proverbs 23:20) it says: “Do not be among wine-guzzlers (בְסֹבְאֵי-יָיִן), among gluttonous eaters of meat” (Sanhedrin 70a; cf. Sifrei Devarim 219:4). — The refractory and rebellious son is put to death on account of the final course his life must necessarily take (not because his present offence is deserving death); — the Torah has fathomed his ultimate disposition: in the end he will squander his fathers property and seeking in vain for the pleasures to which he has been accustomed, he will take his stand on the crossroads and rob people, and in some way or other make, himself liable to the death penalty. Says the Torah, “Let him die innocent of such crimes, and let him not die guilty of them” (Sifrei Devarim 220:3; Sanhedrin 72a).
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申命 21:18
24
Deuteronomy 21:21
וכל ישראל ישמעו ויראו AND ALL ISRAEL SHALL HEAR AND FEAR — From here we derive the law that his execution requires public announcement by the court: “The man named so-and-so is stoned because he was a refractory and rebellious son” (Sanhedrin 89a).
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申命 21:21
25
Deuteronomy 21:22
וכי יהיה באיש חטא משפט מות AND IF THERE BE IN A MAN A SIN DESERVING THE JUDGMENT OF DEATH — The juxtaposition of these sections (this and that of the rebellious son) tells us that if father and mother spare him (the rebellious son), he will in the latter end turn to mischief and commit sins for which he will become liable to the death penalty by the court (cf. Midrash Tanchuma, Ki Teitzei 1).
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申命 21:22
26
Deuteronomy 21:22
ותלית אתו על עץ [AND IF THERE BE IN A MAN A SIN DESERVING THE JUDGMENT OF DEATH] THOU SHALT HANG HIM ON A TREE — Our Rabbis said, All those who have to be put to death by stoning must afterwards be hanged, for it is said here (v. 23) “for cursing of God ends in hanging”, and we are told that one who curses God is punished with stoning (cf. Leviticus 24:15—16; Sanhedrin 45b).
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申命 21:22
27
Deuteronomy 21:23
כי קללת אלהים תלוי FOR HE THAT IS HANGED IS A קללת אלהים — i.e., a degradation of the Divine King, for man is made in His image and the Israelites are His children. A parable! It may be compared to the case of two twin brothers who very closely resembled each other: one became king and the other was arrested for robbery and was hanged. Whoever saw him on the gallows thought that the king was hanged (Sanhedrin 46b). — Wherever the term קללה occurs in Scripture it has the meaning of bonding in light esteem and despising, as e.g., (1 Kings 2:8) “[Shimei the son of Gera, a Benjamite of Bahurim] who cursed me with a severe curse (קללני קללה נמרצת)” (cf. II Samuel 16:5—8).
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申命 21:23
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