Sifrei Devarim Reader

R. Shimon says: When is it derived that if one slaughters the Pesach on a private altar when such altars are forbidden, he is in transgression of a negative commandment? From "You may not sacrifice the Pesach offering in one." I might think (that he transgresses) even when such altars are permitted; it is, therefore, written "in one of your gates" (i.e., You may not do so) when all of Israel are gathered in one place, at which time individual altars are forbidden, and not (i.e., you are not in transgression of the above) when they are permitted.

(Devarim 16:6) "But to the place that the L-rd your G-d chooses — there shall you sacrifice the Pesach offering in the evening, etc.": R. Eliezer says: Towards evening (of the fifteenth of Nissan) you sacrifice it. When the sun sets, you start eating it. At the time of your starting to leave Egypt, (i.e., at midnight) you burn (what is left of) it.

R. Yehoshua says: Towards evening you sacrifice it. When the sun sets, you start eating it. Until when (do you eat it)? Until the time of your leaving Egypt (i.e., at the rising of the morning star.)

(Devarim 16:9) "And you shall cook it and eat it, in the place, etc.": We are hereby taught that if pieces of it fell (from the oven), it is returned (to the oven) whole, and not piece by piece. These are the words of R. Yehudah. R. Yossi says: On the Sabbath, in any event it is forbidden. On yom tov, in any event it is permitted.

"and you shall betake yourselves in the morning and go to your tents": We are hereby taught that they must sleep over (in Jerusalem).

This tells me only of themselves (as being required to remain overnight in Jerusalem). Whence to I derive (the same for) fowl, meal-offerings, wine, frankincense, and wood? From "and you shall betake yourselves in the morning" — All of your "betakings" shall be from the morning on.

R. Yehudah says: I might think that "the small Pesach" (Pesach Sheini, viz. Bamidbar 9:10-12) also requires remaining overnight. It is, therefore, written "and you shall betake yourselves in the morning and go to your tents. (8) Six days shall you eat matzoth." What requires six days requires remaining overnight — to exclude the small Pesach, which requires only one day. The sages say: It (Pesach Sheini) is not worse than wood and frankincense. (i.e., Just as they require remaining overnight, so, Pesach Sheini.)

R. Shimon b. Elazar says: One verse states "Six days shall you eat matzoth," and another, (Shemoth 13:6) "Seven days shall you eat matzoth!" — Six of the new grain (after the omer offering on the second day); seven of the old grain.

(Devarim 16:8) "and on the seventh day is a holding back (atzereth) for the L-rd your G-d. You shall do no work." I might think that one should be "held back" all day long in the house of study; it is, therefore, written "a 'holding back' shall there be for you." How are the verses to be reconciled? Devote a portion to the house of study and devote a portion to eating and drinking.

R. Yishmael says: We did not learn that work is forbidden on the intermediate days of a festival. Whence do we derive that it is, indeed, forbidden: From "six days shall you eat matzoth and on the seventh day is a holding back" — Just as the seventh day is "held back," so the six days are "held back."

— But perhaps (the intent is:) just as the seventh day is held back from all work, so the six days are held back from all work! It is, therefore, written "Six days shall you eat matzoth and on the seventh day is a holding back for the L-rd your G-d. You shall do no work" — the seventh day is held back from all work, and not the six days" — whence we derive that Scripture relegated it to the sages to rule which day is forbidden and which day is permitted, which labor is forbidden and which labor is permitted.

(Devarim 16:9) "Seven weeks shall you count for yourself": I might think that beth-din (is being exhorted to do the counting); it is, therefore, written (Vayikra 22:15) "And you shall count for yourselves" — each individual (is exhorted to do the counting).

"From the beginning of the sickle": (The intent is) when the sickle begins, and that its harvesting be only with the sickle.

"in the standing corn": that all be standing (i.e., that nothing has yet been harvested); that it be the first of all that is harvested.

I might think that he could harvest and bring (the omer), and (count) whenever he wished; it is, therefore, written (Vayikra, Ibid.) "And you shall count for yourselves from the morrow of the Sabbath" (i.e., from the morrow of the first day of Pesach).

I might think that he could count and bring (the omer), and harvest whenever he wished; it is, therefore, written "when the sickle begins (to harvest) the standing corn." I might think that he could harvest at night and count at night and bring (the omer) at night; it is, therefore, written (Ibid.) "from the day that you bring (the omer)."

I might think that he could harvest in the daytime and count in the daytime and bring (the omer) in the daytime; it is, therefore, written (Ibid.) "Seven complete Sabbaths shall they be," (the counting until Shavuoth not being complete if the first day is counted in the daytime.) When are they complete? When you begin in the evening.

I might think that he could harvest at night and count at night and bring (the omer) at night; it is, therefore, written (Ibid.) "from the day that you bring (the omer)."

What, then, is the procedure? Harvesting, counting at night, and bringing (the omer) in the daytime.

(Devarim 16:10) "And you shall make a festival of weeks (shavuoth) to the L-rd your G-d": Because it is written (Shemoth 23:16) "And the festival of the harvest (Shavuoth) the (time of bringing the) first-fruits of your labor," I might think, if you "harvest, you make a festival, and if not, you do not make a festival; it is, therefore, written "and you shall make a festival of weeks to the L-rd your G-d" — Whether or not you have a harvest, you make a festival.

"the tribute of the offering of your hand": We are hereby taught that one brings his obligatory offering from chullin (non-consecrated monies).

And whence is it derived that if he wishes, he may include some of his tithe monies? From "as the L-rd your G-d will bless you."

(Devarim 16:11) "And you shall rejoice before the L-rd your G-d": It is written here "rejoice," and elsewhere (Ibid. 27:7) "rejoice." Just as there, the rejoicing is with peace-offerings, here, too, it is with peace-offerings.

"you, your daughter, your man-servant, your maid-servant" — in order of affection.

R. Yossi Haglili says: Three mitzvoth obtain on a festival: the festive offering (chagigah), the sacrifice of peace-offerings, viz. (27:7) "And you shall sacrifice peace-offerings and you shall eat them there"; "appearance" (re'iah), before the L-rd with a burnt-offering, viz. Shemoth 23:15); and rejoicing (simchah).

There obtains with re'iah what does not obtain with the others; with chagigah, what does not obtain with the others; and with simchah, what does not obtain with the others:

re'iah (a burnt-offering) is entirely (consumed) for the Most High;

chagigah obtains both before the Word (the giving of the Torah) and afterwards;

simchah obtains with both men and women (as opposed to the others, which obtain only with men.)

This (i.e., their uniqueness) being so, Scripture had to mention all of them (individually, their not being mutually derivable.)

(Devarim 16:12) "And you shall remember that you were a slave in the land of Egypt, and you shall take heed and observe these statutes": This teaches us that all (the obligations of rejoicing) which obtain on Atzereth (Shavuoth) obtain on Pesach and Succoth, (these, too, commemorating the exodus from Egypt.) — But perhaps all that obtains on Pesach and Succoth (e.g., matzoth, lulav, etc.) also obtain on Atzereth! It is, therefore, written "these statutes." These obtain on Atzereth, but not matzoh, succah, lulav, and seven (days).

(Devarim 16:13) "The festival of Succoth shall you make for yourself, seven days": Why is this stated? Because it is written (Vayikra 23:34) "the festival of Succoth, seven days, for the Most High," I might think (that it is being made for the L-rd); it is, therefore, written "shall you make for yourself."

If so, what is the intent of "for the Most High"? When you make a succah for yourself, I will reckon it to you as if you made it for the Most High.

"shall you make": and not from what is already made — whence it was ruled: If one inclined over the succah, grape-vine, gourd, or thorn (while they were still rooted in the ground) to serve as its roof-covering (sechach), the succah is invalid, (for though he later severed the growth from its root, at the time of the inclining the roof was already "made.")

R. Eliezer says: Just as one does not fulfill his obligation on the first day of the festival with his neighbor's lulav, so, he does not fulfill it with his neighbor's succah, it being written "shall you make for yourself." And the sages say: He does not fulfill his obligation with his neighbor's lulav, it being written (Vayikra 23:40) "And you shall take for yourselves the fruit of the hadar tree (the ethrog), branches of date-palms (the lulav), a bough of the tree avoth (hadas), and willows of the brook (aravoth)" — one (set) for each individual; but he does fulfill his obligation with his neighbor's succah, it being written (Ibid. 42) "Every native in Israel shall dwell in Succoth" — all of Israel may dwell in one succah.

R. Shimon says: Pesach and Succoth, which are not seasons of work (in the field) were made, respectively, seven and eight days; Shavuoth, which is a working season, was made for only one day, the Torah being solicitous of Israel's welfare.

"when you gather in from your threshing-floor and your wine-press": Just as (the fruits of) threshing-floor and wine-press are distinct in that they grow by the water of the preceding year, and their tithes are given according to the tithing order of the preceding year, so, all things that grow by the water of the preceding year are tithed according to the tithing order of the preceding year — to exclude greens, which, not growing by the water of the preceding year, are tithed according to the tithing order of the year to come. These are the words of R. Yossi Haglili.

R. Akiva says: Just as (the fruits of) threshing-floor and wine-press, which are distinct in that they grow by most water (i.e., rain, but not drawn water) are tithed according to the tithing order of the preceding year, (so, all such fruits, etc.) — to exclude greens, which, not growing by most water (but by drawn water), are tithed according to the tithing order of the year to come.

(Devarim 16:14) "And you shall rejoice": in all kinds of rejoicing.

I might think, even with fowl and meal-offerings; it is, therefore, written "in your festival" — in what the festival offerings come from (i.e., meat) — to exclude fowl and meal-offerings, from which festival offerings do not come.

"you, your son, your daughter, your man-servant, and your maid-servant": in the order of affection.

(Devarim 16:15) "Seven days shall you celebrate before the L-rd your G-d": I might think that he sacrifices the festive offering (chagigah) all seven days; it is, therefore, written (Vayikra 43:41) "And you shall celebrate it" (the first day), and not all seven days.

If so, how is "seven days" to be understood? As referring to compensation (i.e., if he did not offer the chagigah on the first day, he can do so all seven days.

"For the L-rd your G-d will bless you": I might think, only in that species (which he sacrifices); it is, therefore, written "in all of your produce and in all to which you put your hand."

"and you shall be only happy": to include the night of the last day of the festival for rejoicing.

I might think also to include the night of the first day of the festival; it is, therefore, written "only" (to exclude this).

From here it was taught: One may fulfill his obligation [of rejoicing] with meat of voluntary sacrifices. I might have thought [that one can likewise fulfill his obligation] with fowl and meal-offerings? Therefore it states "Only..." [to exclude this].

(Devarim 16:15) "Three times in the year": "times" signifies "festivals," as it is written (Isaiah 26:6) "the times" (i.e., festivals) of the poor," and (Song of Songs 7:3) "How beautiful are your (festival) times (of "steps" [to Jerusalem]) in sandals!"

"shall be seen (all your males"): Yochanan b. Dehavai says in the name of R. Yehudah: One who is blind in one eye is exempt from "being seen," it being written "yeraeh" ("shall be seen," which can also be read as) "yireh" ("shall see"). Just as he comes to see (with both of his eyes), so shall be come to be seen.

"males": to exclude females. "your males": to exclude a tumtum (one whose sex is in doubt) and a hermaphrodite.

Which minor is exempt? One who cannot "ride" on his father's shoulder and go up to Jerusalem to the Temple mount. These are the words of Beth Shammai, it being written "your males." Beth Hillel say: One who cannot hold on to his father's hand and go up to Jerusalem to the Temple mount, it being written (Shemoth 23:14) "Three regalim (festivals)," lit., "feet."

(Devarim 16:16) "the presence ("pnei") of the L-rd your G-d": If you do thus, I will "free" ("poneh" [like "pnei"]) Myself of all My affairs and occupy Myself with you alone.

"on the festival of matzoth, and on the festival of Shavuoth, and on the festival of Succoth": Because it is written (Ibid. 12:5) "and you shall come there (6) and you shall bring there your sacrifices, etc.," I might think (that if he fails to do so) on the first festival he is in transgression of (Ibid. 23:33) "You shall not delay to pay it"; it is, therefore, written (Bamidbar 29:39) "These shall you offer to the L-rd on your festivals." I might think (that he is in transgression if he does not offer them on the first) two festivals; it is, therefore, written "on the festival of matzoth, and on the festival of Shavuoth, and on the festival of Succoth." We are hereby taught that he is not in transgression until all the festivals of the year have passed. R. Shimon says: Three festivals in order, and Succoth last. R. Elazar b. Shimon says: It need not be written "the festival of Succoth," for that is the subject of the verse. Why is it written? To indicate that it (i.e., passing it) is the cause (of the transgression).

"and he shall not appear in the presence of the L-rd empty-handed": of the offering. The Torah did not assign a specific amount for it, but the sages did. Beth Shammai said: The re'iah (the burnt-offering of "appearance"), two (pieces of) silver, and Beth Hillel say: a m'ah of silver; and the simchah offering (i.e., the festive offering, the chagigah,) two (pieces of) silver.

(Ibid. 17) "according to the blessing of the L-rd your G-d that He has given to you": From here they ruled: One who has many "eaters" (i.e., a large family) and little wealth brings many peace-offerings (wherewith to feed his family) and few burnt-offerings, (these being entirely consumed). One who has few "eaters" and much wealth brings few peace-offerings and many burnt-offerings. (One who has) little of both, of such a one they said: a m'ah of silver and two (pieces) of silver. (One who has) an abundance of both — of such a one it is written "Each man, according to the gift of his hand, according to the blessing of the L-rd your G-d that He has given to you" (i.e., he gives both in abundance.)

(Devarim 16:18) "Judges and officers shall you appoint for yourself": Whence is it derived that a beth-din is appointed for all of Israel? From "Judges … shall you appoint for yourself." And whence is it derived that (police) officers are appointed for all of Israel? From "… officers shall you appoint for yourself."

R. Yehudah says: Whence is it derived that one is appointed over all? From "shall you appoint for yourself."

And whence is it derived that officers are appointed for every city: From "and officers … in your gates."

And whence is it derived that a beth-din is appointed for each tribe? From "and judges … according to your tribes." And whence is it derived that officers are appointed for each tribe? From "and officers … for your tribes."

R. Shimon b. Gamliel says "according to your tribes, and they shall judge": It is a mitzvah for each tribe to judge itself.

"and they shall judge, etc.": This refers to the appointment of judges. "and they shall judge the people": (even) against their will.

(Ibid. 19) "Do not pervert judgment": in money matters. "Do not show favoritism": in judging. Variantly: "Do not pervert judgment and do not show favoritism": Why is this stated? Is it not already written "You shall not pervert judgment" and "you shall not show favoritism"? This refers to the appointment of the judges.

Variantly: "Do not pervert judgment": Do not say: "This man is nice; this man is my kinsman."

"and do not show favoritism": Do not say "This man is rich; this man is poor."

"and do not take a bribe": It goes without saying (do not take it) to exculpate the guilty and to inculpate the innocent; but even to exculpate the innocent and inculpate the guilty. "for a bribe blinds the eyes of the sages": and it goes without saying, the eyes of fools. "and distorts the words of the righteous": and it goes without saying, the word of the wicked.

"for a bribe blinds": He does not leave the world until he errs in his ruling, calling the clean unclean, and the unclean clean; the forbidden, permitted and the permitted, forbidden. "and distorts the words of the righteous": He does not leave the world until he does not know what is being said.

(Ibid. 20) "Righteousness, righteousness shall you pursue": Whence is it derived that if one leaves beth-din exonerated, he is not returned for incrimination (if something is later found in his disfavor)? From "righteousness shall you pursue."

If he leaves incriminated, whence is it derived that he is returned for exoneration (if something is later found in his favor)? From "righteousness, righteousness shall you pursue."

Variantly: "Righteousness, righteousness shall you pursue": Seek out the finest beth-din — the beth-din of R. Yochanan b. Zakkai in Beror Chayil; the beth-din of R. Eliezer in Lud.

"so that you live and inherit the land": We are hereby taught that the appointment of judges furthers the living of Israel and their settlement on their land.

(Devarim 16:21) "You shall not plant for yourself an asheirah (a tree devoted to idolatry)": We are hereby taught that one who plants an asheirah transgresses a negative commandment. And whence is it derived that one who plants a tree in the Temple mount transgresses a negative commandment? From "You shall not plant for yourself … any tree beside the altar of the L-rd your G-d."

R. Eliezer b. Yaakov says: Whence is it derived that a portico is not built in the azarah (the Temple court)? From "any tree (i.e., wood) beside the altar of the L-rd your G-d." "that you make for yourself": to include (in the interdict planting a tree beside) a bamah (a temporary altar).

(Devarim 16:22) "And you shall not set up for yourself a monument (matzeivah), which the L-rd your G-d hates": This tells me only of a matzeivah. Whence do I derive (the same for) an asheirah and idolatrous images? It follows, viz.: If a matzeivah, which was "loved" for the fathers, is "hated" for the sons, then an asheirah and idolatrous images, which were "hated" for the fathers, how much more so are they hated for the sons!

(Devarim 17:1) "You shall not sacrifice to the L-rd your G-d an ox or a sheep in which there is a blemish": R. Yehudah says: I might think that if one slaughtered a sin-offering in the south (instead of the north) he transgresses a negative commandment; it is, therefore, written "You shall not sacrifice to the L-rd your G-d a sin-offering in which there is a blemish. For (slaughtering a sin-offering with) a blemish he transgresses a negative commandment, but not for slaughtering it in the south. The sages say: Even for slaughtering a sin-offering in the south he transgresses a negative commandment.

I might think that if one sacrificed (contrary to the prescribed order) a burnt-offering before a sin-offering, a Pesach offering before a daily offering (tamid), additional offerings (mussafim) before daily offerings, he transgresses a negative commandment; it is, therefore, written "You shall not sacrifice to the L-rd your G-d an ox or a sheep in which there is a blemish." For this he transgresses a negative commandment and not for the others.

"in which there is a blemish": This tells me only of a blemish. Whence do I derive (the same for) one that is scrofulous, warty, or scabbied? From "any unseemly thing."

Whence do I derive (the same for) one that is sick, old, or malodorous? From "any unseemly thing."

And whence is it derived that if one slaughtered them outside of their (proper) time or place that he transgresses a negative commandment? From "any thing (davar)," connoting anything which is dependent upon speech (dibbur [like "davar"], e.g., if one says: "I am slaughtering to perform this and this sacrificial service outside of its time or place").

And whence do I derive (the same for) an animal which was the active or the passive agent in sodomy, or set aside for idolatry, or served idolatrously, or received as a harlot's hire or the exchange of a dog, or kilayim (hybrid), or treifah, or of Caesarian birth? From "for it is the abomination of the L-rd your G-d." R. Yehoshua says: "it" is an abomination, but its offspring is not an abomination.

R. Shimon says: I might think that just as being the active or passive agent of sodomy renders an animal unfit as an offering, so it renders a Cohein unfit to offer a sacrifice; it is, therefore, written "for it is the abomination of the L-rd your G-d" — the reference is to the sacrifice, and not to the sacrificer.

(Devarim 17:2) "If there be found in your midst, in one of your cities (lit., "gates") which the L-rd your G-d gives you, a man or a woman who would do what is evil in the eyes of the L-rd your G-d, to break His covenant": "If there be found": by witnesses, it being written (Ibid. 19:15) "By word of two witnesses, or by word of three witnesses, shall a thing be established." This is a prototype for the rule that wherever "there be found" is mentioned, Scripture speaks of ("finding") by two or three witnesses.

"in one of your cities": What is the intent of this? Because it is written (Ibid. 5) "Then you shall take out that man or that woman who did this evil thing, to your cities (lit., "gates"), I might think, the reference is to the gate (i.e., the beth-din) in which he was judged; it is, therefore, written "gates" (verse 2), "gates" (verse 5). Just as "gates" (2) refers to the city in which they were found and not to the gate (beth-din) in which they were judged, so, "gates" (5) refers to the city in which they were found and not to the gate (beth-din) in which they were judged.

"a man or a woman": What is the intent of this? Because we find with a condemned city (viz. Ibid. 13:16) that (only) many who served (idolatry) are (put to death) by the sword, I might think that the same obtains with individuals (who did so); it is, therefore, written

(Ibid. 17:5) "Then you shall take out that man or that woman." Because we find that those who were incited are killed by the sword, I might think that the same applies to the inciters; it is, therefore, written (Ibid.) "the man or the woman and you shall stone them with stones and they shall die." Because we find that a "condemned city" is not declared through (the incitement of) an individual or of women, I might think that they are not liable (to the death penalty); it is, therefore, written (Ibid. 2) "a man or a woman who would do what is evil in the eyes of the L-rd your G-d, to break His covenant."

He is called by five names: "banned," "abominated," "hated," "abhorred," "perverse." And the L-rd ascribes five names to him: "evil," "breaker of the covenant," "blasphemer," "angerer," "rebel." And he leads to five things: the defiling of the Temple, the desecration of the Name, the departure of the Shechinah, the defeat of Israel by the sword, and the exile of Israel from their land.

This tells me only of one who serves (idolatry). Whence do I derive (the same for) one who bows down to it? From (Ibid. 3) "and he bow down to them, or to the sun, or to the moon, or to the whole host of heaven."

"which I did not command" includes (in one interdict) "combining" (any of the above with the L-rd as co-deities).

R. Yossi Haglili says: Because it is written (Ibid. 4:19) ("the sun and the moon, etc.) which the L-rd your G-d bequeathed to all the peoples," I might think that He bequeathed them to the nations (to serve them), it is, therefore written (Ibid. 29:25) "gods which they did not know and which He did not bequeath to them (to serve them)."

R. Yossi says: Elazar, my son, says three things: (Jeremiah 19:5) "which I did not command" — in the Torah; "and which I did not speak" — to the prophets; "and which never entered My heart" — that a man should sacrifice his son on the altar.

Others say: "which I did not command": This refers to the son of Meisha the king of Moav (viz. II Kings 3:27); "and which I did not speak": This refers to the daughter of Yiftach (viz. (Judges 11:31-40); "and which never entered My heart": This refers to Isaac, the son of Abraham (viz. Bereshith 22).

(Devarim 17:4) "And it be told to you, and you hear, and you search it out well": And elsewhere (Ibid. 13:15) it is written "And you shall inquire, and you shall search out, and you shall ask well," and elsewhere (Ibid. 19:18) "And the judges shall inquire well." "well" - "well," for a gezeirah shavah (identity). We are hereby taught that he is examined with seven chakiroth (cross-examinations). This tells me only of chakiroth. Whence do I derive (the same for) bedikoth (examinations)? From (13:15, 17:4) "and, behold, true and correct is the thing."