Sifrei Devarim Reader

"shall you give to him": There must be enough for a gift — whence they ruled: How much does he give him? The weight of five selaim in Yehudah, which is ten in the Galil, cleansed, for the making of a small garment.

And how many sheep must there be for (the obligation of) the first of the shearing? Beth Shammai say: Two ewes, viz. (Isaiah 7:21) "And it shall be on that day that each man will raise a heifer and two sheep.

Beth Hillel say: Five, viz. (I Samuel 25:18) "and five prepared sheep."

R. Akiva says: "the first of the shearing" — two; "your flock" — three; "shall you give to him" — five.

(Devarim 18:5) "For in him (the Cohein) did the L-rd your G-d choose from all of your tribes to stand to serve in the name of the L-rd": We are hereby taught that his service is valid only standing, and if he sat and served, his service is invalid.

"he and his sons all of the days": both in the time of the Temple and not in the time of the Temple; both in Eretz Yisrael and outside of it.

(Devarim 18:6) "And if the Levite come": I might think that Scripture speaks of a Levite per se; it is, therefore, written (7) "And he shall serve" — (Scripture speaks of) those who are qualified to serve (i.e., the Cohanim, who perform the sacrificial service), to exclude the Levites, who are not thus qualified.

"from all of Israel wherein he lives": in all of the places of their dwellings":

Whence is it derived that a Cohein may come and offer his (own) sacrifices whenever he wishes (though his watch not be officiating at that time)? From "then he shall come in all the desire of his soul … (7) and he shall serve." Whence is it derived that a Cohein may come and lift his hands (in the priestly blessing) in a watch that is not his? From "then he shall come in all the desire of his soul … and he shall serve in the name of the L-rd his G-d." Which is service in the name of the L-rd? The priestly blessing.

Whence is it derived that all the priestly watches share equally in the (devoted portions of the) offerings of the festival? From (6) "then he shall come in all the desire of his soul to the place that the L-rd shall choose." I might think that the same holds true for all the days of the year; it is, therefore, written (6) "from one of your gates" — when all of Israel are assembled within one gate, i.e., during the three festivals.

(Devarim 18:7) "And he shall serve in the name of the L-rd his G-d, as all his brothers, the Levites, who stand there before the L-rd": He stands upon the floor. From here they ruled: If he sat or stood upon vessels or upon a beast or upon the feet of his fellow, (his service) is invalid.

Whence is it derived that all of the watches share equally in the devoted portions of the offerings and in the portion of the show-bread? From (Ibid. 8) "Portion as portion shall they eat, viz.: Just as they share in the sacrificial service, so they share in the eating (of the show-bread).

I might think that the same held true for (obligatory) offerings brought on the festival not for the sake of the festival (i.e., that with these, too, all watches served and shared alike); it is, therefore, written (Ibid.) "aside from the sale of the fathers" — what the fathers sold to each other, i.e., "I on my Sabbath and you on your Sabbath."

(Devarim 18:9) "When you come to the land": Perform the mitzvah stated herein, in whose reward you will enter the land.

"that the L-rd your G-d gives to you": in your merit.

"you shall not learn to do as the abominations of those nations": I might think that you are forbidden to understand and teach (the falsity of their ways); it is, therefore, written "to do." You may not learn them to do them, but you may learn them to each and to understand.

(Devarim 18:10) "There shall not be found among you": Beth-din is being exhorted to this end.

"one who passes his son or daughter through fire": This tells me only of his son or his daughter. Whence do I derive (the same for) the son of his son or the son of his daughter? From (Vayikra 20:3) "for of his seed he has given to the Molech."

— But still, here it is written "through fire," and there, "the Molech." Whence do I derive what is written here as applying there, and what is written there as applying here? — It is written "passing" (here), "passing" (there, Vayikra 18:21) for an identity (gezeirah shavah), viz.: Just as "passing" here is through fire, so, "passing" there is through fire. And just as "passing" there is to the Molech, so, "passing" here is to the Molech. In sum, (to be liable), he must hand over (his child) and pass him through fire to the Molech. Both verses are necessary (to tell us this); if not, we do not know it.

Variantly: (The verse speaks of one who passes his son or daughter (through the halves of a calf), thereby entering into a covenant (with idolatry), as it is written (Jeremiah 34:18) "the calf which they cut in two so as to pass between its halves." Variantly: "one who passes his son or daughter through fire": (The verse speaks of) one who cohabits with an Aramite woman and begets through her a son who is a foe of the L-rd.

"of divinations": to impose liability for each divination (in itself). What is a "diviner"? One who "divines" by holding his stick whether to go or not to go, viz. (Hosea 4:12) "My people consults its stick; its rod tells it (what to do)."

me'onein: R. Yishmael says: This is one who passes seven types of magic before the eye (ayin).

The sages say: These are deceivers of the eye. R. Akiva says: These are augurers who assign a "time" (onah) for a particular event, e.g., "the eve of the shemitah year (i.e., the sixth year) is auspicious for grain"; "the pulling out of pulse (as opposed to its harvesting) is detrimental. "

menachesh (a necromancer): (one who interprets natural happenings as signs or portents) e.g., "His bread fell from his mouth; therefore …," "his stick fell from his hand; therefore …," "a snake on his right, a fox on his left, a deer crossed his path; therefore …"

and one who says "Do not begin" (a new enterprise) — it is morning; it is the New Moon; it is the end of Shabbath."

"mechashef" (a sorcerer): One who performs an act is liable (under this interdict); one who (merely) deceives the eyes is not liable.

(Devarim 18:11) "chover chaver" (one who gathers animals into one spot and divines through them): whether he gathers snakes or scorpions.

"shoel av": a necromancer that projects speech from his armpits.

They themselves are liable to stoning, and those who consult them are in transgression of an exhortation. Whether he raises (a spirit) on his male member or consults a skull. What is the difference between the first and the second? When one raises (a spirit) on his male member, it does not rise naturally, and is not consulted on the Sabbath. When he consults a skull, it ascends naturally and is consulted on the Sabbath.

["and one who consults the dead": This is one who starves himself and goes and sleeps in the cemetery so that the spirit of tumah (uncleanliness) repose itself upon him. And when R. Akiva came to this verse, he said: "Woe unto us! If the spirit of tumah reposes upon one who cleaves to tumah, how much more so should the holy spirit repose upon one who cleaves to the Shechinah! What brought this (absence of the holy spirit) about? Your sins sundered you from your G-d!"]

(Devarim 18:12) "For the abomination of the L-rd are all who do these": Because it is written (Ibid.) "and because of these abominations," I might think that he is not liable until he transgresses all of them; it is, therefore, written "all who do these" — even one of these.

"and because of these abominations, the L-rd your G-d drives them out before you": R. Shimon said: We are hereby taught that the Canaanites were exhorted for all of these things, for one is not punished unless he is first exhorted. when R. Akiva came to this verse, he said: "Woe unto us! If the spirit of tumah reposes upon one who cleaves to tumah, how much more so should the holy spirit repose upon one who cleaves to the Shechinah! What brought this (absence of the holy spirit) about? Your sins sundered you from your G-d!"

(Ibid. 13) "Whole shall you be with the L-rd your G-d": When you are whole, your lot will be with the L-rd your G-d." And thus did David say (Psalms 26:11) "And I in My wholeness will go — redeem me and be gracious unto me," and (Ibid. 41:13) "And I, in my wholeness You supported me, and You placed me before You forever."

(Devarim 18:14) "For these nations that you inherit": Do the mitzvah stated herein, in reward for which you will inherit them.

"For … they hearken to the me'onenim and the diviners": lest you say, they have whom to consult, and we do not; "but you, not thus (to hearken to them) did the L-rd your G-d relegate you." It (the means of consultation) was given to you (i.e., by means of a prophet, etc.); but you forsake words of Torah and occupy yourself with these!

(Devarim 18:15) "A prophet from your midst, from your brothers, such as I, the L-rd your G-d will establish for you": "from your midst" — not from outside Eretz Yisrael; "from your brothers" — not from others (i.e., gentiles). "will establish for you" — and not for idolators. How, then, am I to understand (Jeremiah 1:5) "A prophet for the nations have I made you (Jeremiah)"? For those (Jews) who deport themselves as the nations do.

"to him shall you hearken": even if he tells you to transgress (temporarily) one of the mitzvoth of the Torah, as in the instance of Eliyahu on Mount Carmel, if (in his judgment) the time requires it, listen to him.

(Devarim 18:16) "As all that you asked from the L-rd your G-d in Chorev": By this they merited that prophets arise for them, viz. (Ibid.) "I shall not continue to hear the voice of the L-rd my G-d." (Ibid. 17) "And the L-rd said to me: They have done well in speaking as they did.": They have anticipated the "Divine Intelligence," viz.

(Ibid. 18) "A prophet shall I raise up for them": We are hereby taught that as a reward for their fear (of listening to the voice of G-d) they merited that prophets arise for them.

(Ibid.) "and I shall place My words in his mouth": I shall do this, but I shall not speak to him face to face. ("And I shall place My words in his mouth":) From now on, realize that the holy spirit has been placed in the mouth of the prophets.

(Ibid.) "and he shall speak to them (directly)": Do not set up an interpreter for him.

"all that I command him": (He will not change the order of My words) — first things first, second things, afterwards.

(Devarim 18:19) "And it shall be, the man who will not heed My words": There are three whose death is at the hands of Heaven: one who suppresses his prophecy, like Yonah the son of Amittai; one who dismisses the words of a prophet, as did the colleague of Michah (viz. I Kings 20:35), and a prophet who transgresses his own prophecy, as did Iddo, viz. (I Kings 13:21). And there are three whose death is at the hands of beth-din: one who prophesies what he did not hear (from G-d), like Tzidkiyahu ben Cna'anah (viz. I Kings 22:24); and what was not spoken to him, like Chananiah ben Azur, who heard things from the mouth of Jeremiah, who prophesied in the upper marketplace and went and prophesied in the lower marketplace (viz. Jeremiah 28); and one who prophesies in the name of idolatry, i.e., "This is what the idol says" — even if what he said was consistent with the halachah, to rule unclean what was unclean, and clean what was clean — it being written (Ibid. 20) "But the prophet who shall presume, etc."

(Devarim 18:20) "then he shall be put to death": by the unqualified "death penalty" of the Torah, i.e., strangulation.

(Ibid. 21) "And when you say in your heart: How shall we know the thing which the L-rd has not spoken?": Jeremiah said about the remaining (Temple) vessels (Jeremiah 27:22) "They shall be brought to Bavel and there shall they remain." Chananiah (ben Azur) said (Ibid. 28:3) "I will restore to this place all the vessels of the house of the L-rd." Whom shall we heed? It is, therefore, written (Devarim, Ibid. 22) "What the prophet shall speak in the name of the L-rd and the thing not be and not come to pass, that is the thing which the L-rd has not spoken." "In presumption has the prophet spoken it.": He is liable (to the death penalty) for (willful) presumption, and not for unwittingness.

"Do not hold back from him": Do not hold yourself back from incriminating him.

(Devarim 19:1) "When the L-rd your G-d cuts off the nations whose land the L-rd your G-d gives to you": in your merit.

"and you inherit them and you dwell in their cities and in their houses": Because it is written "and you inherit them and you dwell in their cities," I might think that you are not permitted to add (to the existing settlement); it is, therefore, written (Ibid. 12:29) "and you dwell in their land" — Wherever you wish to build, build.

(Devarim 19:2) "Three cities": of average size, not very small and not very large.

"shall you set aside for yourself": and not for others (i.e., gentiles).

"in the midst of your land": and not in a border city.

"which the L-rd your G-d gives you to inherit": after you conquer and inherit it.

(Ibid. 3) "Prepare for yourself the way": Make stations leading into them.

"and divide in thirds the border of your land': They (the cities of refuge) are not to be (indiscriminately) scattered, but aligned (with other such cities) by threes.

"that the L-rd your G-d shall cause you to inherit": to include (the cities of refuge) across the Jordan (aligned) like two rows in a vineyard.

"that every slayer may flee there" — even the high-priest, (though he, of course, cannot leave the city of refuge, as all others do, with the death of the high-priest).

(Devarim 19:4) "And this is the dvar of the slayer": From here they ruled: If a slayer fled to his city of refuge and the people of that city wished to honor him, he must tell them: "I am a slayer." If they persist, he may accept their homage, (it being written "And this is dvar [lit., "the word"] of the slayer" [i.e., he must tell them "I am a slayer"]).

(Ibid. 6) "Lest the avenger of blood pursue the slayer": This tells me (that he must flee them) only if there is a pursuer and a redeemer. Whence do I derive (the same for an instance) where there is a pursuer but no redeemer, a redeemer but no pursuer, or neither a pursuer or a redeemer? From (the repetition of) "slayer" (verse 4), "slayer" (here), (i.e., in any instance).

(Ibid. 6) "his heart being hot": This tells me only of one (a pursuer) whose heart is "hot." Whence do I derive (the same for) a father pursuing his son or a son pursuing his father? From (the repetition of) "slayer," "slayer."

(Ibid. 4) who shall flee there": Why is "there" mentioned three times (in the context of the cities of refuge)? There shall be his dwelling; there shall be his death; there shall be his burial.

(Ibid. 4) "one who smites his neighbor": Why is "his neighbor" mentioned three times (in the context of the cities of refuge)? "his neighbor" — to exclude (from the cities of refuge) others (i.e., gentiles); "his neighbor" — to exclude a sojourning convert; "his neighbor" — even "his neighbor," a father (who killed) his son or a son (who killed) his father. (Ibid. 4) "not having hated him": But if he had hated him, he is not exiled. ("not having hated him) mitmol shilshom":

"mitmol": two days; "shilshom": three days. As R. Yehudah says: What constitutes a "foe"? One with whom he did not converse for three days out of hatred.

(Devarim 19:5) "And one who comes with his neighbor in the forest": Just as a forest is a place that the slain and the slayer were permitted to enter, so all such places (are subsumed in the halachah) — to exclude the owner's courtyard, which the slayer had no right to enter.

"to chop wood": Abba Shaul says: Just as the chopping of wood is a (merely) "permitted" activity, so, all such activities are subsumed (in the halachah) — to exclude (a mitzvah activity, such as) a father beating his son (to chastise him), etc.

(Devarim 19:5) "and his hand swing the axe": From here it is ruled that if he intended to chop down a tree and it fell on a man and killed him, he is exiled.

"and the blade slip from the wood": from the haft (of the axe). Rebbi says: from the wood that was being chopped.

"and it find his neighbor and he die": to exclude his presenting himself. From here R. Eliezer b. Yaakov ruled: If, after the stone left his hand, the other put out his head and was hit by it, the first is not liable.

"he shall flee to one of these cities": He may not exile himself from one city to another.

(Ibid. 6) "Lest the redeemer of blood pursue the slayer": It is a mitzvah for him to pursue him.

"not having hated him": If he had hated him, he is not exiled.

"mitmol shilshom": As R. Yehudah says: "tmol": two days; "shilshom": three days (see #181).

(Ibid. 7) "Therefore, I command you, saying": Beth-din is being exhorted to this end.

(Devarim 19:8) "And if the L-rd your G-d broaden your border": Do the mitzvah stated herein, in reward for which the L-rd will broaden your border.

"as He swore to your forefathers" — all in the merit of the forefathers.

"and He give you all the land that He swore to give to your forefathers": These are (the cities of) the Keni, the Kenizi, and the Kadmoni (across the Jordan, where three cities of refuge were established).

(Devarim 19:9) "If you keep all of this mitzvah to do it … then you shall add for yourself, etc.": From here we see that Moses set aside three cities (of refuge) across the Jordan. When they came to Eretz Yisrael, they set aside another three, and in time to come, they are destined to set up another three. Three superadded to three — six, and another three — nine together.

R. Nehorai says: These three, added to three; "then you shall add for yourself" — nine; "another three" — twelve.

Abba Shaul says: Three added to three, "another three" — nine; "on the three" — twelve; "these" — fifteen....

(Devarim 19:10) "And innocent blood shall not be shed in the midst of your land that the L-rd your G-d gives to you as an inheritance": Beth-din is hereby being exhorted to this end.

(Ibid. 11) "And if a man hate his neighbor, and he lie in wait for him, and he rise up against him": From here they taught: If a man transgressed a "light" commandment, in the end he will transgress a grave one. If he transgressed "You shall love your neighbor as yourself," he is destined to transgress "You shall not hate," "You shall not take revenge," "You shall not bear a grudge," and, in the end, "and your brother shall live with you" — until he arrives at the spilling of blood.

(Devarim 19:11) "and he rise up against him, etc." (Ibid. 12) "Then the elders of his city shall send, and they shall take him from there": From here R. Yossi b. Yehudah says: If one slays a soul, whether unwittingly or wittingly — all proceed to the cities of refuge, and beth-din send and bring him from there.

One who was liable to the death penalty was killed, viz. "Then the elders of his city shall send, and they shall take him from there."

One who was not liable to the death penalty was let go, as it is written (Bamidbar 35:25) "then the congregation shall rescue the slayer."

One who was liable to exile would be returned to his place (in the city of refuge), viz. (Ibid.) "then the congregation shall return him to his city of refuge."

Rebbi says: The slayer himself would exile himself to the cities of refuge, thinking that they shielded the witting as well as the unwitting.

(Devarim, Ibid. 12) "and they shall place him into the hand of the avenger of blood and he shall die": Whence is it derived that if he did not die at the hands of the avenger of blood, he is to die at the hand of any man? From "and he shall die."

(Ibid. 13) "Let your eye not pity him, and remove the innocent blood from Israel": Lest you say: If one has already been killed, why should we be guilty of the blood of others? It is, therefore, written "Let your eye not pity him."

"and remove the innocent blood": Remove the doers of evil from Israel.

(Devarim 19:14) "You shall not move back (into his own land, thus broadening your own), the boundary marker of your neighbor." Is it not already written (Vayikra 19:13) "You shall not rob"? What, then, is the intent of the above? We are hereby taught that one who removes his neighbor's boundary marker transgresses two negative commandments.

I might think (that the same holds true) also outside of Eretz Yisrael; it is, therefore, written "in your inheritance that you shall inherit in the land." In Eretz Yisrael one transgresses two negative commandments. Outside of it he transgresses only one.

Whence is it derived that if one removes the bounds of the tribes he transgresses a negative commandment? From (Proverbs 22:28) "Do not remove the long-standing boundary marker (which your forefathers have established.") Whence is it derived that if one confuses the words of R. Eliezer with those of R. Yehoshua, and vice versa, pronouncing clean, unclean, or unclean, clean — that he transgresses a negative commandment? From "You shall not move back the boundary marker of your neighbor." Whence is it derived that one who sells the burial plot of his fathers transgresses a negative commandment? From "You shall not move back the boundary marker of your neighbor." I might think that this were so even if no one were ever buried there; it is, therefore, written "in your inheritance that you shall inherit"

(Ibid. 15) "One witness shall not arise against a man": This tells me only of capital offenses. Whence do I derive (the same for) the administration of stripes? From "for every transgression."

Whence do I derive (the same for cases involving) sacrifices? From "for every sin (-offering)."

Whence do I derive (the same for) confirming one as a Cohein or disqualifying him from the priesthood? From "in every fault."

Whence do I derive (the same for) monetary litigations? From "wherein he is amiss."

This tells me only of testimony concerning a man. Whence do I derive (the same for) testimony concerning women and slaves? From "in every" "and in every." If in the end we include a woman, why is it written "a man"? He (a single witness) does arise for a woman (to testify that her husband has died) to (enable her) to wed (another). These are the words of R. Yehoshua.