Sifrei Devarim Reader

Others say "hasatah" connotes incitement, as in (I Samuel 26:19) "And now, let my lord (Saul) listen to the words of his servant (David). If the L-rd hesitecha you against me, He will be pacified with an offering." "your brother":

From (Devarim 24:16) "Fathers shall not be put to death by cause of sons, and sons shall not be put to death by cause of fathers," we learn that they (i.e., kin) do not testify against each other. We hereby infer (that to secure testimony against an inciter to idolatry) witnesses are sequestered against him.

"the son of your mother" — your brother from your mother.

"or your son" — in any event (i.e., even if he is a mamzer).

"who is as your soul" — your father and your mother.

"in secret, saying": We are hereby taught they utter their words (of incitement) only in secret, as it is written (Proverbs 7:9) "In the evening, in the close of day, in the midst of night and darkness." But words of Torah are uttered only in the open, as it is written (Ibid. 1:20) "Wisdom (Torah) sings in the streets, etc."

(Devarim, Ibid.) "Let us go and serve other gods, whom you did not know, you, nor your fathers": R. Yossi Haglili says: This is in denigration of Israel. For the idolators do not forsake what their fathers have bequeathed to them, but Israel (are amenable to) forsaking what their fathers have bequeathed to them to go and serve idolatry.

(Devarim 13:8) "Of the gods of the peoples around you, who are near to you or who are far from you": From what you know of (the inefficacy of the gods of) the near ones, you should know what the far ones are like.

"from one end of the earth to the other": the sun and the moon, which go from one end of the earth to the other.

(Devarim 13:9) "You shall feel no affection for him": Because it is written (Vayikra 19:12) "And you shall love your neighbor as yourself," I might think that you shall love this one (the inciter), too; it is, therefore, written "You shall feel no affection for him."

Because it is written (Shemoth 23:5) "Unload shall you unload (his animal) with him," I might think that you should unload for this one, too; it is, therefore, written "and you shall not hearken to him."

Because it is written (Vayikra 19:16) "And you shall not abide the (spilling of the) blood of your neighbor," I might think that the same applied to this one, too; it is, therefore, written "and your eye should not look mercifully upon him."

"and you shall not pity": You shall not argue in his defense.

"and you shall not shield him": If you know something against him, you may not remain silent.

Whence is it derived that if he leaves beth-din incriminated, he is not to be returned for acquittal? From (Devarim, Ibid. 10) "But kill (shall you kill him.")

And whence is it derived that if he leaves beth-din acquitted, he is to be returned for incrimination? From "shall you kill him."

"Your hand shall be against him first to put him to death": It is a mitzvah for the one incited to put him to death, and, afterwards, (if he did not die under his hand), by all men, it being written "and the hand of all the people afterwards."

(Devarim 13:11) "And you shall stone him with stones and he shall die": I might think, with many stones; it is, therefore, written (Vayikra 24:23) "and they stoned him with a stone." If "with a stone," I would think with one stone! Say, then, if he did not die with the first, he is to be put to death with a second.

"for he sought to turn you from the L-rd your G-d": "to turn you away" is written here, and, elsewhere, (in connection with a false prophet) (Devarim, Ibid. 6) "to turn you away." Just as here (his penalty is) stoning, so, there, stoning.

"from the L-rd your G-d, who took you out of the land of Egypt": Even if your only indebtedness to Him were His taking you out of the land of Egypt, it would warrant (such a penalty).

(Devarim 13:12) "And all of Israel shall hear and see": He (the inciter) is confined until the festival (when all come to Jerusalem), and he is put to death on the festival, as it is written "And all of Israel shall hear and see." These are the words of R. Akiva.

R. Yehudah says: His punishment is not delayed, but he is put to death immediately, and they write and send:" This and this man was put to death by beth-din."

And whence is it derived (that the same applies to) one who said "I will serve" (idolatry), "I will go and serve," "Let us go and serve"; "I will go and sacrifice," "Let us go and sacrifice"; I will go and offer incense," "Let us go and offer incense"; I will go and pour a libation," "Let us go and pour a libation"; "I will bow down," "I will go and bow down," "Let us go and bow down"? From "And they shall not do again according to this evil thing" — not according to the thing and not according to the evil.

I might think (that also liable to stoning, like the inciter) are the embracer (of an idol), the kisser, the washer, the sprinkler (before an idol), the anointer, the clother, the shedder, and the wrapper; it is, therefore, written "according to this evil thing." This (incitement) is subject to stoning, and not all of the others.

(Devarim 13:13) "If you hear": There is no need to press an inquiry.

I might think, then, that one need not pursue it, (even if he did hear); it is, therefore, written (15) "And you shall inquire, and you shall search out, and you shall ask well."

"in one of your cities": one city is made "a condemned city," and not three. I might think, not even two; it is, therefore, written "your cities."

"which the L-rd your G-d gives to you": to exclude (cities) outside of Eretz Yisrael.

"to dwell there": to exclude Jerusalem, which was not apportioned (among the tribes) for dwelling.

(Devarim 13:14) "There have gone out men": and not women, and not minors. "men": not fewer than two.

"men of wickedness ("belial" [lit., "without a yoke"]): men who have cast from themselves the yoke of Heaven.

"from your midst": and not from a border city (i.e., one between Eretz Yisrael and the land of the nations).

"and they have turned away the inhabitants of their city": but not those of another city.

"saying": (We are hereby taught) that two witnesses and warning are required for each (of the cities). (Ibid. 15)

"And you shall inquire": of the Torah. "and you shall search out": from the witnesses. "and you shall ask": of the Talmud. Here (in respect to a man's serving idolatry) it is written (Ibid. 17:4) "And it be told to you, and you hear, and you inquire well," and elsewhere (in respect to scheming witnesses) (19:18) "And the judges inquire well" — "well" - "well" for an identity (gezeirah shavah.) (We are hereby taught) that he (the witness) undergoes seven cross-examinations (chakiroth).

Where do we derive (the need for) bedikoth (general examination of the facts, of lesser magnitude than chakiroth)? From (Ibid. 13:15) "and, behold, true and correct is the thing."

If in the end we include bedikoth, why chakiroth? With chakiroth, if one of them (the witnesses) said "I do not know," their testimony is invalidated. With bedikoth, if one of them, or even both of them said "I do not know," their testimony stands.

Both with chakiroth and bedikoth, if they refute each other, their testimony is invalidated.

"this abomination has been done in your midst": to include converts and freed slaves.

(Devarim 13:16) "Smite shall you smite": Whence is it derived that if you cannot put them (the inhabitants of a condemned city) to death by the specified penalty, you may do so by any of the death penalties of the Torah, whether of greater or lesser severity, and not leave it unpunished? From "Smite shall you smite" (in any event).

"the inhabitants of that city": and not those of a different city (found within it).

From here they ruled: (The members of) an ass-caravan or a camel caravan that goes from place to place and rested within it, and they were turned astray with them — If it camped there for thirty days, they are put to death by the sword and their possessions are lost; if less than thirty days, they are put to death by stoning, and their possessions "escape."

"lay waste it": to exclude the property (found in the city) of the righteous ones who live outside it.

"and all that is in it": to include the property of the righteous ones who live in the city. From here they ruled: The property of the righteous ones (who live) in it is destroyed; and (the property of the righteous ones who live) outside of it "escapes." And (the property of) the wicked ones, whether inside it or outside of it is destroyed.

"and its beasts": and not the beasts of hekdesh (those consecrated as offerings).

(Devarim 13:17) "And all of its spoil": to include the property of the wicked (found) outside of it.

"into the midst of its square": If it has no square, one is made for it.

If its square were outside of it, whence is it derived that it is gathered within it? From "into the midst of its square."

"and you shall burn with fire the city and all of its spoil": and not the spoil of Heaven

— whence it was ruled: Its consecrated objects are to be redeemed; its terumoth are to be left to spoil; its ma'aser sheni and holy writings are to be secreted.

"entirely, for the L-rd your G-d": If you execute judgment against a condemned city, I shall account it to you as if you sacrificed a burnt-offering "entirely" before Me. "And it shall be a heap forever": And thus is it written of Jericho (Joshua 26:6) "And Joshua swore … Cursed is the man … who shall arise and rebuild the city, Jericho." Do we not know that Jericho is its name? The intent is, rather, that it not be rebuilt and called by the name of a different city and that another city not be built and called "Jericho." (Ibid.)

"With his first-born son shall he lay its foundations, and with his youngest shall he plant its gates." And thus is it written (I Kings 16:34) "In his (Achav's) days Chiel of Beth-el built Jericho. With his first-born son he laid its foundations, and with his youngest son he planted its gates." I might think that (Joshua swore thus) unintentionally; it is, therefore, written (Ibid.) "according to the word of the L-rd that He had spoken through Joshua the son of Nun."

(Devarim, Ibid.) "It shall not be built again": It may not serve even for gardens and orchards; even as a coop for homing pigeons. These are the words of R. Yossi Haglili. R. Akiva said: It may not be restored to its original state, but it may serve for gardens and orchards.

(Ibid. 18) "And let there adhere to your hand naught from the spoil": From here they ruled: If he took from it (the spoil) a stick or a fork, or a shuttle, or a staff, he may not benefit from any of them. What shall he do with them? He shall take them to the Sea of Salt. In sum: All who would benefit from idolatry — let him take that "benefit" to the Sea of Salt!

"so that the L-rd turn from the fierceness of His wrath": So long as there is idolatry in the world, there is fierce wrath in the world. When idolatry departs, the wrath departs.

"and He will grant you mercy and multiply you." R. Gamliel Berebbi says: All who are merciful to others are accorded mercy by Heaven.

"as He swore to your forefathers": All is in the merit of your forefathers.

(Ibid. 19) "when you hearken to the voice of the L-rd your G-d to keep…": From here they said: If a man begins to hear a little, in the end, he merits hearing much. If he begins to hear, in the end he keeps.

"to keep all of His mitzvoth that I command you this day": that a "slight" mitzvah be as beloved by you as a "weighty" one.

"to do what is just in the eyes of the L-rd your G-d": As R. Yishmael says: "what is just" — in the eyes of Heaven.

(Ibid. 14:1) "Children are you to the L-rd your G-d": R. Yehudah says: When you deport yourselves as children, you are called "children"; when you do not deport yourselves as children, you are not called "children." R. Meir says: In either instance you are called "children," as it is written (Jeremiah 4:22) "They are foolish children," and (Ibid. 32:30) "children without faith," and (Isaiah 1:4) "seed of evildoers, perverse children," and (Hoshea 2:1) "Instead of being said of them, 'You are not My people,' it will be said of them 'children of the living G-d.'"

(Devarim, Ibid.) "Do not lacerate yourselves" (lo tithgodedu): Do not form opposing factions (agudoth, agudoth), but all of you consolidate into one bond, as in (Amos 9:6) "and He founded His bond (agudah) upon the earth."

Variantly, "Do not lacerate yourselves," as others do, viz. (I Kings 18:29) "and they lacerated themselves, as was their custom."

"and do not make baldness between your eyes for the dead": I might think that there is liability only for (making baldness) between the eyes. Whence is it derived that the entire head is included? From (Vayikra 21:5) "They (the Cohanim) shall not make a baldness upon their heads" — the entire head is included. And whence is it derived that there is liability for each baldspot in itself? From "They shall not make a baldness (lit., "baldness, baldness"). I might think that only the Cohanim, to whom Scripture accorded additional mitzvoth, were liable for each baldspot and for the (entire) head as between the eyes, but not Israelites, to whom additional mitzvoth were not accorded. It is, therefore, written "baldness" (there) - "baldness" (here) for an identity (gezeirah shavah). Just as Cohanim are liable for the above, so, Israelites; and just as "baldness" in respect to an Israelite refers only to baldness only "for the dead," so, "baldness in respect to the Cohanim.

(Devarim 14:2) "For a holy people are you to the L-rd your G-d": The holiness that is upon you has caused you to become a chosen people to Him.

(Ibid. 18:5) "For in him (the Cohein) did the L-rd your G-d choose from all of your tribes to stand and minister in the name of the L-rd, he and his sons all of the days."

Similarly (Psalms 135:4) "For Yaakov has the L-rd chosen for Himself, Israel, as His chosen one."

Variantly: "For a holy people are you": (even) more than your forefathers.

"and in you has the L-rd chosen": your own holiness. "to be unto Him a chosen people from all of the peoples": We are hereby taught that each one of the just is beloved by the Holy One Blessed be He as all of the gentiles (together). I might think, even more than the early fathers (Avraham, Yitzchak, and Yaakov). It is, therefore, written "from all the peoples that are on the face of the earth," i.e., from one end of the earth to the other, and not (that they are more beloved) than the first fathers. Variantly: "from all the peoples": and do not cause another people to become holy.

(Devarim 14;6) "And every beast that has split hooves, entirely cloven in two, and which chews the cud in beast, it shall you eat": Unless it has these three signs, it may not be eaten.

Abba Channan says in the name of R. Eliezer: The shesuah is a beast in itself; it has two backs and two spines.

R. Yashiah said: Wherever "tzippor" is written, a clean bird is intended.

R. Yitzchak said: A clean bird is called either "of" or "tzippor"; an unclean bird is called only "of."

(Devarim 14:3) "You shall not eat any abomination": R. Eliezer says: Whence is it derived that if one slit the ear of a bechor (a first-born beast, thus blemishing it) and ate of it (the beast, after slaughtering it), he transgresses a negative commandment? From "You shall not eat any abomination."

Others say: The verse speaks of offerings which have become invalidated, it being written here "abomination," and, elsewhere, (Ibid. 17:1) "You shall not sacrifice to the L-rd your G-d an ox or a lamb in which there is a blemish, any evil thing, for it is the abomination of the L-rd your G-d." Just as "abomination" there speaks of offerings which have become invalidated (by a blemish), so, "abomination" here.

(Devarim 14:4) "This is the beast that you may eat: the ox, the lamb of sheep, and the kid of goats, the hart, the gazelle, and the fallow deer" — whence we derive that animals (the last three) are in the category of "beast." Whence do we derive that a beast is in the category of "animal"? From (Vayikra 11:2) "This is the animal that you shall eat from all of the beasts" — whence it is derived that an animal is called a beast, and a beast, an animal.

And we are taught that the unclean beasts (and animals) are more numerous than the clean ones; for in all places Scripture specifies the lesser, viz. (Devarim, Ibid.) "This is the beast that you may eat … (5) the hart, the gazelle, and the fallow deer."

(Devarim 14:6) "And every beast that has split hooves": Because we find that Scripture construed "treifah" ("torn" [in Shemoth 22:30 "and flesh in the field treifah you shall not eat"]) as "treifoth" (i.e., varieties of treifah that are forbidden to all [even non-priests]), I will also construe "pasul" (unfit) as "p'sulim" (i.e., unfit for eating for all), e.g., one's plowing with an ox and an ass (together), or with (animals dedicated as) offerings. It is, therefore, written (to include these as permitted to be eaten) "the ox, the lamb of sheep, and the kid of goats shall you eat."

I would then add the above (as included), but I would not add (an animal that) had sodomized or that had been sodomized, or one that had been set aside (for idolatry) or worshipped, or one that had been the hire (of a prostitute) or the exchange (of a dog), or a hybrid, or one born by Caesarian section. It is, therefore, written "the ox, the lamb of sheep, and the kid of goats shall you eat."

I would then include these, but I would not include one through which a "transgression" had been committed (e.g., an ox which had killed a man) by testimony of a single witness or by testimony of the owner, (in which instance it is not killed). It is, therefore, written "the ox, the lamb of sheep, and the kid of goats shall you eat."

I would then add the above, but I still would not include one through which a transgression had been committed by testimony of two witnesses, and upon which judgment had not yet been pronounced. It is, therefore, written "the ox, the lamb of sheep, and the kid of goats shall you eat."

I would then include these, which grew up in cleanliness; but I would not include the offspring of a treifah which was nursed by a kosher animal. It is, therefore, written (Ibid. 6) "in the beast … shall you eat."

I would then include the offspring of a treifah which was nursed by a kosher animal; but I still would not include one which was nursed by a kosher animal along with a treifah. It is, therefore, written "in the beast."

"Every beast … in the beast shall you eat": to include an embryo (as permitted by the shechitah of its mother).

I might think, even if it had stuck out its head; it is, therefore, written (7) "but" (connoting an exception). "it shall you eat": It may be eaten, but not an unclean animal.

This tells me only (that one who eats an unclean animal) transgresses a positive commandment [(note: a negative commandment derived from a positive commandment (as in the above) is a positive commandment)] Where do I derive that he also transgresses a negative commandment? From (7) "… the camel, the hare, and the coney … (8) and the swine … from their flesh you shall not eat."

This tells me only of these alone. Whence do I derive (the same for) the other unclean animals? It follows a fortiori, viz.: If these (the aforementioned), which have signs of cleanliness, are forbidden by negative commandment, then the other unclean beasts, which have no signs of cleanliness — how much more so should eating them be forbidden by negative commandment! In sum: Camel, hare, coney, and swine are forbidden by Scripture, and the other unclean beasts, a fortiori. Their positive commandment is Scripture; their negative commandment, a fortiori.

(Devarim 14:9) "This may you eat … (12) and this you may not eat, etc.": R. Akiva said: Was Moses a hunter or an archer (that he knew the signs of all the animals in creation)! Let this serve as a riposte to those who say there is no Torah from Heaven!

(Devarim 14:11) "Every clean bird you may eat": Because it is written (Vayikra 14:4) "And the Cohein shall command, and he shall take for the one to be cleansed (from leprosy) two birds," I might think that just as the slaughtered bird is forbidden (to be eaten), so, the sent-away bird; it is, therefore, written "Every clean bird you may eat (including the sent-away bird).

— But perhaps, just as the sent-away bird is permitted, so, the slaughtered bird is permitted; it is, therefore, written (Devarim, Ibid. 12) "And this is what you may not eat of them" (including the slaughtered bird.)

(Ibid.) "the great vulture, the bearded vulture, and the osprey": R. Akiva says: It is written here "nesher" (great vulture), and, elsewhere (Vayikra 11:13) "nesher." Just as there, all relating to nesher, both feeding and eating, is forbidden, so, here.

R. Shimon says: It is written here (Devarim, Ibid. 13) "the ayah," and there (Vayikra, Ibid. 14) "the ayah." Just as here, "the ra'ah" is understood as a kind of ayah, so, there.

(Devarim 14:21) "You shall not eat any carcass (neveilah)": This tells me only of neveilah. Whence do we derive (the same for) treifah (lit., a "torn" animal)? From "any carcass."

"To the ger in your gates shall you give it": We are hereby taught that he gives it as a gift to a ger toshav (a "resident stranger" — one who has taken it upon himself not to serve idolatry, but who eats carcass.)

Whence is it derived (that he may give it) also to a gentile? From "to the gentile."

And whence is it derived that he may sell it to a gentile? From "or sell it to the gentile."

And whence is it derived (that he may sell it) also to the ger? From "to the ger." In sum: He may sell it or give it as a gift both to a gentile or a ger toshav.

R. Yehudah says: The verse is to be taken literally (i.e., to the gentile, by selling, and not as a gift, to the ger, as a gift, and not by selling.)

"for a holy people are you to the L-rd your G-d": Sanctify yourself with what is permitted to you, viz.: That which is permitted and others forbid to themselves (as a special act of piety), you are forbidden to permit to yourselves in their presence.

"You shall not cook a kid in the milk of its mother": Why is this written three times? To exclude (from this prohibition) an animal, a bird, and an unclean beast.

R. Yossi Haglili says: It is written "You shall not eat any carcass," and "You shall not cook a kid in the milk of its mother." What is forbidden as neveilah is forbidden to cook in milk. A bird, which is forbidden as neveilah, I might think that it is forbidden to cook it in milk; it is, therefore, written "in its mother's milk" — to exclude a bird, which has no mother's milk.

Variantly: "You shall not cook a kid in its mother's milk": Why is this written three times? It corresponds to the three covenants that the Holy One Blessed be He made with Israel: one in Chorev, another in Arvoth Moav, and another in Mount Gerizim and Mount Eival.