- Weekly portions
- Devarim
- Ki Tetze
כִּי־תֵצֵא
Ki Tetze
family, dignity and responsibility
- Weekly portion
- 49 of 54
- Verses
- Devarim 21:10–25:19
- Parts
- 5
- Reading time
- 1 h 43 min
- Views
marks places where the translation deliberately departs from the Russian original. Tap it to show the note.
Ki Tetze, in the talk Ki Tetze, – the weekly portion about family, human dignity and responsibility toward one's neighbor. Alex Blend examines different readings of difficult laws, questions of the purity of the camp and of moral conduct. The stenogram includes the Hebrew text of the book of Devarim, a transliteration, a translationThe Russian says the stenogram includes “a Russian translation”. Since this page is in English, it simply says “a translation”. and the author's religious interpretation.
Ki Tetze: beginning of the analysis
With God's help, you and I are beginning to study the weekly portion Ki Tetze, and we will read from verse 10 of chapter 21 of the book of Devarim.
Our weekly portion begins with an astonishing story that is hard to digest, hard to take in, and so it has given rise to many different commentaries. And in order to sort it out, we will try to look at it from different angles, to offer different readings, classical and less classical.
So, let us begin with verse 10 of chapter 21:
כִּי־תֵצֵא לַמִּלְחָמָה עַל־אֹיְבֶיךָ וּנְתָנוֹ יְהוָה אֱלֹהֶיךָ בְּיָדֶךָ וְשָׁבִיתָ שִׁבְיוֹ׃
ki-tetzé lammilchamá al-oyevécha untanó adonáy elohécha beyadécha veshavíta shiv'yo
10 If you go out to war against your enemies, and the LORD, your God, gave them into your hands, and you took many captives (one of the elements of war – the trophy, the booty),
וְרָאִיתָ בַּשִּׁבְיָה אֵשֶׁת יְפַת־תֹּאַר וְחָשַׁקְתָּ בָהּ וְלָקַחְתָּ לְךָ לְאִשָּׁה׃
vera'íta bashiv'yá éshet yefat-tó'ar vechashaktá va velakachtá lechá le'ishá
11 And in captivity you saw a woman beautiful in appearance, and desired her (burned with desire for her), and you took her for yourself as a wife,
The classical commentary says a rather terrible thing here: lakachtá lechá le'ishá (took for yourself as a wife) means took her by force. Right on the spot, driven by passion, restless, worn out by the road, not shown any tenderness, tired, dusty, embittered, the Jewish soldier sank so low that, driven by his evil inclination, he saw a woman, could not restrain himself and raped her. This is the classical reading of what happened.
וַהֲבֵאתָהּ אֶל־תּוֹךְ בֵּיתֶךָ וְגִלְּחָה אֶת־רֹאשָׁהּ וְעָשְׂתָה אֶת־צִפָּרְנֶיהָ׃
vahavetá el-tóch betécha vegillechá et-roshá ve'asetá et-tzipporneha
12 Then you will bring her into your house, and she will shave her head, and will do her nails,
That is, you cannot simply abandon her at the scene of the crime, leave her there where you raped her. This is not the same as it usually used to be in times of war. Rape during war was, in fact, a natural phenomenon not only in those ancient times when the Torah was given, but also in the times of, say, Genghis Khan, who did not simply like to rape female captives, but liked to rape them before the eyes of their parents and brothers, thereby humiliating those around him and glorifying his power (as it seemed to him). This was so widespread that many historians say that a third of the population of Central Asia today – these are descendants of Genghis Khan.
Today, in the 21st century, there is in Israel a young woman, a sociologist, Tal Nitzan. She wrote a whole research paper on the topic: “Why do Israeli soldiers not rape Palestinian women?” One would think this is wonderful, I personally am proud of it. And I believe that Israeli soldiers do not rape Palestinian women because they were brought up well. I brought up my son so that toward a woman one must be delicate, polite, gentle. And I hope that such a thing will not arise in his heart and his thoughts. But Tal Nitzan, of course, considers herself smarter than everyone and says: “Why, that is because our Israeli soldiers do not even consider Palestinian women human beings.” They have complete dehumanization, otherwise they would, of course, rape – so strong is this idea in people's heads. And so the Torah says (according to the classical commentary): if a man raped a woman, he does not abandon her.
Among the peoples neighboring Israel, shaving the head meant mourning for the dead. For Jews this is forbidden. But here we give the woman the freedom to act according to her customs. She may shave her head as a sign of mourning. What and she did her nails means is not very clear, perhaps she trimmed her nails.
וְהֵסִירָה אֶת־שִׂמְלַת שִׁבְיָהּ מֵעָלֶיהָ וְיָשְׁבָה בְּבֵיתֶךָ וּבָכְתָה אֶת־אָבִיהָ וְאֶת־אִמָּהּ יֶרַח יָמִים וְאַחַר כֵּן תָּבוֹא אֵלֶיהָ וּבְעַלְתָּהּ וְהָיְתָה לְךָ לְאִשָּׁה׃
vehesíra et-simlát shiv'yá me'aleha veyashevá bevetécha uvachetá et-avíha ve'et-immá yérach yamím ve'áchar ken tavó eléha uv'altá vehayetá lechá le'ishá
13 And she will take off the garment of her captivity, and she will sit in your home, and will mourn her father and her mother for a month (yérach yamím – a month of days). And after that – go in to her, and you may take possession of her, and she will be a wife to you.
That garment in which she was taken captive, the garment of her captivity, which perhaps she could not change out of for a long time, in which she wandered through different places, as happens with female captives, a garment perhaps torn somewhere, perhaps soiled – what can she change it for? For what you give her. That is, you must give her clothing so that she can take off the garment of her captivity. And if you go in to her after the mourning, then she becomes your wife. That's it. This is marriage.
But there is also another possibility: having looked at her, having lived a peaceful life, having looked at the girls of your own people, having rested from the war, having washed the dust off yourself, perhaps you will no longer want this close-cropped woman. What then? Maybe simply drive her out or sell her?
וְהָיָה אִם־לֹא חָפַצְתָּ בָּהּ וְשִׁלַּחְתָּהּ לְנַפְשָׁהּ וּמָכֹר לֹא־תִמְכְּרֶנָּה בַּכָּסֶף לֹא־תִתְעַמֵּר בָּהּ תַּחַת אֲשֶׁר עִנִּיתָהּ׃
vehayá im-ló chafátztaIn the Russian transliteration line, two consonants of this word are swapped. The English line follows the Hebrew: chafátzta. ba veshillachtá lenafshá umachór lo-timkerénna bakkásef lo-tit'ammér ba táchat ashér innitá
14 And it will be, if you no longer desire her, send her away on her way. And do not sell her for money, and do not turn her into a slave (do not abuse her), because you tormented her.
The word shiláchta, (the verb leshaléach, to send out) in relation to a woman means to give her a letter of divorce, that is, to send her away on some official grounds, with some provision, with some rights.
That is, we are now holding to the classical reading: if a man, as it so happened, raped a woman, he brings her home, takes a closer look at her while she recovers from the trauma of captivity and of the death of her loved ones. And then, if he does not like her, he may let her go, divorce her as one divorces a wife, but he may not sell her for money, may not turn her into a slave, because he, so to speak, innitá (tormented her) by this very position, by this very situation, humbled her, insulted her, tormented her. The word innitá can be understood in different ways.
So, the classical commentary says: “The Torah takes into account a person's evil inclination.” This happens not only here. For example, there are instructions for how a person who stole should act, a person who has sinned in some way, there is an instruction for how to return. In chapter 19 we read that the Torah gives protection from the blood avenger without getting into the prohibition of blood revenge as such, although blood revenge is by no means approved by the Torah. And the classical commentators say: “War is war, anything can happen, and the Torah reckons with this.” From the point of view of the ethics of the Torah, from the point of view of the morality of the Torah, this interpretation is very hard to accept. If you reread the text, you can see that from the point of view of reading the text, too, this interpretation is not easy to accept.
Let us reread the story from the beginning: when you go out to war against your enemies, and the LORD, your God, gives them into your hands, and among the female captives you saw a woman beautiful in appearance. If you read attentively, following every word, you can see that this is not about the heat of battle, about some passions in the streets of an occupied city. Most likely, it is about the Most High having already given the victory, and the people having already gathered all the captives, and the booty is being divided. And some soldier, some warrior looks, picks out his share of the trophies and says: “This woman here I want to take as a wife” – not as a slave, not as a maidservant, but as a wife. How do you take a foreign woman as a wife? How do you deal with this at all? How do you take care of her rights too, since we are not Genghis Khans? And her fate is already unenviable as it is, whether she will be your slave or your wife. And then the Torah says: “If you want to take her, if you want to take this captive as a wife for yourself, then observe all these conditions, give her time to grieve for her parents, so that it would not be an outrage or a sacrilege toward her loved ones, as was customary. Treat her as a human being, let her get used to this new situation. And if after that you do not want her, then even then treat her as a human being and send her away, but do not sell her.”
And why would a man suddenly (with such a reading) want to sell a woman whom he wanted to take as a wife? Why would a man want to sell his wife? Because he will say: “But I could have taken her as a slave! That's it, I've changed my mind, you will be a slave, and now I will sell you.” No. If you made her go through these ups and downs, if you made her prepare to marry you, then you have no right to sell her or to turn her into a slave. You are responsible for your words. Personally, this reading is closer to me. And this version was not invented by me, it is quite ancient and is found in a dispute of the rabbis in the Jerusalem Talmud. This version of reading the text is the clearest and most understandable for me.
But there is yet another version. The people of Israel lived for a very long time in galut, in exile – in Europe, Africa, Asia. In small shtetls and in large cities, persecuted (or simply disliked) Jews could not even dream that someday they would go out to war somewhere and divide booty. This was not in their picture of the world, it disappeared from the picture of the world together with thoughts of a Jewish state. Yes – dreams, dreams and prayers, but still, there was nothing like this as a lived experience. And on this basis the Hasidic understanding was born that here the war is the war with the evil inclination, and the woman beautiful in appearance is some sin, a temptation. And on this ground various commentaries branched out that speak of certain techniques of war with the yétzer hara (evil inclination), which the Torah supposedly describes here. This is a good thing – to look for some new facets of interpretation and to carry them over into the spiritual world. But I leave this version aside, because we focus more on the plain meaning of the Torah and on what it teaches us.
With verse 15 another topic begins, which may be connected with the first topic, begun in verse 10. The first topic can be understood like this: “Why do you need this headache called a foreign wife? You may end up in a situation where among your wives (and here there is clearly a reference to polygamy) the climate will not be very good.”
כִּי־תִהְיֶיןָ לְאִישׁ שְׁתֵּי נָשִׁים הָאַחַת אֲהוּבָה וְהָאַחַת שְׂנוּאָה וְיָלְדוּ־לוֹ בָנִים הָאֲהוּבָה וְהַשְּׂנוּאָה וְהָיָה הַבֵּן הַבְּכוֹר לַשְּׂנִיאָה׃
ki-tihyéna le'ísh sheté nashím ha'achát ahuvá veha'achát senu'á veyaledu-ló vaním ha'ahuvá vehassenu'á vehayá habbén habbechór lasseni'á
15 If a man has two wives, one beloved and one hated, and they bore him sons, the beloved and the hated, and it was that the firstborn was born to the hated one,
The word hated here should not be understood in that harsh sense in which it sounds in the Russian language. I hate her – a very cruel, strong word. The word senu'á can be understood as less loved, despised. He loves one woman, and the second – it is not at all clear why she is here.
Again a situation that by modern standards seems incredible. Even if some man is a bigamist, why would he take as a wife a woman whom he hates?
Well, first of all, it may turn out that the first wife was imposed on him by his parents, or he married out of some family obligations, to take care of a young girl who was left without anyone to look after her. And there are very many different reasons why a man married an unloved woman. Secondly, perhaps he did not get to know her fully, and when he got to know her better, he came to dislike her. In short, one should not marry two women, nothing good will come of it, but humanity learns this very slowly.
But here is the problem: the firstborn was born to the unloved one, and what now about the inheritance?
וְהָיָה בְּיוֹם הַנְחִילוֹ אֶת־בָּנָיו אֵת אֲשֶׁר־יִהְיֶה לוֹ לֹא יוּכַל לְבַכֵּר אֶת־בֶּן־הָאֲהוּבָה עַל־פְּנֵי בֶן־הַשְּׂנוּאָה הַבְּכֹר׃
vehayá beyom hanchiló et-banáv et asher-yihyé lo lo yuchál levakkér et-ben-ha'ahuvá al-pené ven-hassenu'á habbechór
16 And it was, when he gives the inheritance to the sons, that which he has, he cannot prefer the son of the beloved woman over the son of the hated one, who is the firstborn,
כִּי אֶת־הַבְּכֹר בֶּן־הַשְּׂנוּאָה יַכִּיר לָתֶת לוֹ פִּי שְׁנַיִם בְּכֹל אֲשֶׁר־יִמָּצֵא לוֹ כִּי־הוּא רֵאשִׁית אֹנוֹ לוֹ מִשְׁפַּט הַבְּכֹרָה׃
ki et-habbechór ben-hassenu'á yakkír látet lo pi shenáyim bechól asher-yimmatzé lo ki-hú reshít onó lo mishpát habbechorá
17 Let him recognize as the firstborn the son of the hated one and give him twice as much of all that he has, because he is the first fruit of his strength, the right of the firstborn is due to him.
We know that the firstborn receives a double share. It is believed that a man's body, as it were, gathers within itself, accumulates within itself strength for the birth of the first child. If, say, eighteen or nineteen years of a man's life pass before the birth of the first child, then between the first and the second child five or six years may pass, and the strengths are unequal. The firstborn is the first fruit of a man's strength. In any case, such an approach to interpretation existed.
If we have set up in society an impartial court that does not look at persons and judges justly, then in the microcosm, in the small cell of society called the family, even if there are two wives in it, there must also be justice. And the personal preference of the father of the family, when he is engaged in the business of judging and distributing the inheritance, plays no role whatsoever: the firstborn is the firstborn. Whether you love his mom or do not love her has nothing to do with the matter; impartiality – in family life, too, it is impartiality.
With verse 18 yet another story begins:
כִּי־יִהְיֶה לְאִישׁ בֵּן סוֹרֵר וּמוֹרֶה אֵינֶנּוּ שֹׁמֵעַ בְּקוֹל אָבִיו וּבְקוֹל אִמּוֹ וְיִסְּרוּ אֹתוֹ וְלֹא יִשְׁמַע אֲלֵיהֶם׃
ki-yihyé le'ísh ben sorér umoré enénnu shoméya bekól avív uvkól immó veyisserú otó veló yishmá alehém
18 If a man had a son, disobedient and rebellious, not listening to the voice of his father and the voice of his mother, and they instructed (punished) him, but he did not listen to them,
וְתָפְשׂוּ בוֹ אָבִיו וְאִמּוֹ וְהוֹצִיאוּ אֹתוֹ אֶל־זִקְנֵי עִירוֹ וְאֶל־שַׁעַר מְקֹמוֹ׃
vetáfesu vo avív ve'immó vehotzí'u otó el-zikné iró ve'el-shá'ar mekomó
19 His dad and his mom caught him, and pulled him out (dragged him) to the old men of their city, to the gates, to the place where he lives,
וְאָמְרוּ אֶל־זִקְנֵי עִירוֹ בְּנֵנוּ זֶה סוֹרֵר וּמֹרֶה אֵינֶנּוּ שֹׁמֵעַ בְּקֹלֵנוּ זוֹלֵל וְסֹבֵא׃
ve'ameru el-zikné iró benénu ze sorér umoré enénnu shoméya bekolénu zolél vesové
20 And they said to the elders of their city: “Here, this son of ours, disobedient and rebellious, he does not hear our voice, he only gorges himself (this is how it can be translated into plain Russian).”
And on the basis of this testimony:
וּרְגָמֻהוּ כָּל־אַנְשֵׁי עִירוֹ בָאֲבָנִים וָמֵת וּבִעַרְתָּ הָרָע מִקִּרְבֶּךָ וְכָל־יִשְׂרָאֵל יִשְׁמְעוּ וְיִרָאוּ׃
urgamúhu kol-anshé iró va'avaním vamét uvi'artá hará mikkirbécha vechol-yisraél yishme'ú veyirá'u
21 And all the inhabitants of that city pelted him with stones, and he died; destroy the evil from your midst, and all Israel will hear and be afraid.
Even though this son has not yet done anything, he is simply disobedient, but it is impossible to bring him up. Yes, he does not obey his parents, does not accept instruction. The Torah says: “He must be put to death.” The commentators note: “This is an astonishing situation, when a child, a son, a person is put to death not for the past, but for the future.” So as not to let him get up to the things that a person can get up to who does not accept upbringing, who rebels against father and mother, so that he does not sin in the future.
So that he does not sin in the future – this relates to a question people like to ask, a philosophical question: “Would you kill little Hitler?” The Torah says here that – yes, at least in the simple reading of the verse. The rabbis argue about this and say (many say) that this is altogether a purely theoretical story and there is no son so disobedient that this rule could be applied to him. This rule was never applied, it is pure theory. But there is one teacher who says: “But I sat on the grave of such a fellow and I know that it really was so.”
The last story of our chapter 21:
וְכִי־יִהְיֶה בְאִישׁ חֵטְא מִשְׁפַּט־מָוֶת וְהוּמָת וְתָלִיתָ אֹתוֹ עַל־עֵץ׃
vechi-yihyé ve'ísh chet mishpat-mavet vehumát vetalíta otó al-étz
22 If a man had a sin for which a death sentence follows, and he was put to death (was executed), and you hung his corpse on a tree,
And here there is one more tradition, according to which an already executed person was hung on a tree for display: “This is how it will be with everyone, look and be afraid.” But this intimidation must know its measure, and about this the Torah says that it must serve as instruction, but not as mockery of the body.
לֹא־תָלִין נִבְלָתוֹ עַל־הָעֵץ כִּי־קָבוֹר תִּקְבְּרֶנּוּ בַּיּוֹם הַהוּא כִּי־קִלְלַת אֱלֹהִים תָּלוּי וְלֹא תְטַמֵּא אֶת־אַדְמָתְךָ אֲשֶׁר יְהוָה אֱלֹהֶיךָ נֹתֵן לְךָ נַחֲלָה׃
Lo-talín nivlató al-ha'étz ki-kavór tikberénnu bayom hahú ki-kilelát elohím talúy veló tetammé et-admatechá ashér adonáy elohecha notén lechá nachalá
23 Do not leave his corpse on the tree for the night, but bury him on that same day, because the hanging one is a curse of God. Do not defile your land, which the LORD, your God, gave you as an inheritance.
This verse is also used in the New Testament with regard to Yeshua Mashiach, who bore the curse. Why so? What is this about at all? Any person, however much of a villain he may be, as a person, as a human body, carries within himself the image of God, is created in the image and likeness of God. When some disrespect toward a person's body takes place, he is hung on a tree truly as one punished, as one cursed. However, just as a person is unclean until evening, so the body is cursed until evening. When evening comes, this is no longer the body of a criminal, this is no longer a criminal who committed something. This is a body that is created in the image and likeness of God. That criminal is no longer there and there is no sense in his hanging any longer, because this will no longer be instruction for others, but mockery of the body – a curse of the image of God. And hanging (as one could say in our circles) is a desecration of the image of God, this makes the land unclean. The apostle applies these words to Yeshua Mashiach: the image of God must not be desecrated. Through this desecration Mashiach took the curse upon himself.
All this, like any unclean judgment, unclean relations in society, leads to the land being defiled. When we put a villain on display, put him out for the night, when he is already hanging there not in order to inform everyone that he has been executed, but, perhaps, as it were, for revenge, to satisfy some need for gloating, the land is thereby defiled. And unjust treatment of a woman defiles the land. And a disobedient son who does not yield to upbringing defiles the land. And the Torah says: “Do not defile your land.”
A woman's lot
Devarim 22:1–29
With God's help, you and I continue to study the weekly portion Ki Tetze, and we will read chapter 22 of the book of Devarim. Our chapter touches on several different topics, and it begins with a commandment which in Hebrew is called hashavát avedá (the return of a lost thing).
Let us read from verse 1.
לֹא־תִרְאֶה אֶת־שׁוֹר אָחִיךָ אוֹ אֶת־שֵׂיוֹ נִדָּחִים וְהִתְעַלַּמְתָּ מֵהֶם הָשֵׁב תְּשִׁיבֵם לְאָחִיךָ׃
lo-tir'é et-shór achícha o et-seyo niddachím vehit'allamtá mehém hashév teshivém le'achícha
1 Let it not be that you see your brother's ox or his sheep strayed from the flock and pretend that you do not notice them; by returning, return them to your brother.
What is this about? We come across a sheep, an ox on the street, on the road, we find some item, and we can say: “That's none of my business. Some poor fellow has lost a sheep, some poor guy has lost a little bull. Well… may the LORD have mercy on him!” The Torah says: “No, that won't work.” And you must first of all say: “Hey, Chaim! Chaim! Do you hear?! Your sheep has strayed from the flock!” and help him to get this sheep back. And if Chaim is not nearby?
וְאִם־לֹא קָרוֹב אָחִיךָ אֵלֶיךָ וְלֹא יְדַעְתּוֹ וַאֲסַפְתּוֹ אֶל־תּוֹךְ בֵּיתֶךָ וְהָיָה עִמְּךָ עַד דְּרֹשׁ אָחִיךָ אֹתוֹ וַהֲשֵׁבֹתוֹ לוֹ׃
ve'im-ló karóv achícha elécha veló yeda'tó va'asaftó el-tóch betécha vehayá immechá ad derósh achícha otó vahashevotó lo
2 And if your brother is not near you, and you do not even know who it is, take it (the animal) to your home; and it will be with you until your brother claims it, and return it (the ox or the sheep) to him.
A little bull turned up, a little sheep turned up, a wallet turned up, a hairpin turned up – anything at all, but you do not know whose it is. You must take this little bull, this little sheep or this item and announce that you have found something. So, a person who has found his neighbor's ox or sheep takes them into his house. If it is a little bull or a little sheep, then it is clear that their upkeep also costs money, and with the passing of time it may happen that the upkeep of this little bull already costs more than the bull itself. Therefore, if it is an ox, if it is an animal that can work, it is used for work. One may use the found ox on one's own farm, and in this way it pays back what is spent on it. If it is a hen, a chick or something similar, one may sell it and return the money to your brother, your neighbor, so that he loses nothing and this commandment would not cost you too much.
וְכֵן תַּעֲשֶׂה לַחֲמֹרוֹ וְכֵן תַּעֲשֶׂה לְשִׂמְלָתוֹ וְכֵן תַּעֲשֶׂה לְכָל־אֲבֵדַת אָחִיךָ אֲשֶׁר־תֹּאבַד מִמֶּנּוּ וּמְצָאתָהּ לֹא תוּכַל לְהִתְעַלֵּם׃
vechén ta'asé lachamoró vechén ta'asé lesimlató vechén ta'asé lechol-avedát achícha asher-továd mimménnu umtzatá lo tuchál lehit'allém
3 And do likewise also with his donkey, and with his garment (clothing), do likewise with all the lost things of your brother, whatever he may have lost; if you have found them, then you will not be able to pretend that you do not notice (to ignore).
That is, we must take the found item and, according to the rules, announce, let it be known that we have found it. How is this usually done? It is said: such-and-such a family (say, the Stein family) has found a cell phone and will return it to the one who lost it, who names its distinguishing marks. A person will call and say: “It was I who lost the phone.” He will be asked: “And what kind of phone was it? Where did you lose it?” And if the person describes this item correctly, it must be returned to him.
People are accustomed to this commandment from childhood. I often tell about how in Jerusalem you can see notices: “A little hairpin has been found,” “A little hair tie has been found.” And this is not because someone will really grieve over the loss of a little hair tie. This is in order to bring up children, to accustom them to this commandment.
There are many interesting aspects to this commandment. For example, what should you do if you have found a bag of groceries, and in this bag there is a stick of sausage? You do not know who lost it, you found it at a bus stop. On the one hand, you have to return it; on the other hand, there is such a concept as a person who has despaired. If a person has lost a bag with sausage somewhere, he will come to terms with the loss much faster than if a person has lost, say, a gold ring. He will look for the ring for a long time, but as for the sausage, the person will go and buy another one (there is a certain time after which the product spoils). If it is a perishable product, and you cannot keep it endlessly, then, one may say, after a certain time you may no longer look for the person who lost this product. There is such a time, which is called the time of despair.
There was a time when a humanitarian fund in one of the cities in the south of Israel was helping my family. This took the form that every Thursday evening we were brought a big box of food, including two frozen chickens. The end of the week, and somehow it happened that we were not in the city, we came back a week later. A neighbor called us, brought the box of food and two frozen chickens from the freezer. A good example of keeping the commandment of returning a lost thing.
There are cases when a person despairs immediately, and therefore, when you have found something, you need not return it. For example, when you have found something in a river. Remember Tanya, who is crying because she dropped her little ball into the river? It will not sink, of course, but the current will carry it away. And if, some seven hundred meters or a kilometer and a half downstream, it ends up with Anton, then Anton does not have to announce that he has found a little ball, because it is considered that what has fallen into a river is lost and the person is no longer even looking for it. And there are very many different rules for applying this commandment, but it is very important.
The sages interpreted it so that there are cases when there is no obligation to return what was lost. For example, if you have found a certain sum of money. Money, coins, seem to have no specific distinguishing marks – of course, if they are not in a wallet, if they are not in some identifiable bundle and so on. One can, of course, go through the bills and see whether there is a slip of paper, a note there. And I have met students who did this and found the one to whom this money needed to be returned. But, in principle, the sages interpreted it so that if you found money, it is your money.
On this subject there is a very interesting passage in the Talmud, when Rabbi Yochanan says: “Jerusalem was destroyed because in it they judged by the judgment of the Torah.” The students ask: “And by what courts should they have judged in Jerusalem: by the law of Hammurabi? By the Criminal Code of the Russian Federation? By what law could they have judged in Jerusalem? What did you expect?” And he says: “There was no mercy that would be exalted above the law.” It is like the story of a man who lost money at the market, and another man found it. The one who lost it cries and says: “You know that this is my money. Give it back to me! I will have nothing to feed my children with.” Today everyone has plastic cards and not everyone carries cash, but in those times a person could take all his money with him. And here the finder says: “Well, by law this is my money, I will not give it to you.” And so, because of this attachment to the letter of the law, when one ought to have acted by mercy (according to Rabbi Yochanan's words), Jerusalem was destroyed.
There is one more very important and interesting aspect to this commandment – a spiritual aspect. A person can get lost, your brother himself may turn out to be lost, therefore lehashív (to bring back), lashúv (to come back) – these are verbs that are connected with the word teshuvá. And a brother, the lost soul itself, can and must also be brought back to the Owner, the Maker; to bring back to a brother his peace with God. And in the spiritual sense this too can and must work.
Such an amazing commandment this is. Very much of everything has been written about it, there are very many interesting details in it. Say, a woman I know holds classes at home for parents with children. Every now and then it happens that someone has forgotten a sweater, someone – a cardigan, and finding the one who forgot it does not work, does not succeed. You know, she has bags of things that she keeps in case someone suddenly comes and claims them. Such funny incidents happen too.
לֹא־תִרְאֶה אֶת־חֲמוֹר אָחִיךָ אוֹ שׁוֹרוֹ נֹפְלִים בַּדֶּרֶךְ וְהִתְעַלַּמְתָּ מֵהֶם הָקֵם תָּקִים עִמּוֹ׃
lo-tir'é et-chamór achícha o shoró nofelím baddérech vehit'allamtá mehém hakém takím immó
4 Let it not be that you see your brother's donkey or his ox falling on the road, and did not pay attention; do not pass by – lift them up together with him.
That is, help both your brother and your brother's animal. You need to help the donkey or the ox get up, whether they fall under a load or whether something else happens to them (this also concerns a brother who got stuck with his car on the road). Take care of your brother's property the way you would want your property to be taken care of.
לֹא־יִהְיֶה כְלִי־גֶבֶר עַל־אִשָּׁה וְלֹא־יִלְבַּשׁ גֶּבֶר שִׂמְלַת אִשָּׁה כִּי תוֹעֲבַת יְהוָה אֱלֹהֶיךָ כָּל־עֹשֵׂה אֵלֶּה׃
lo-yihyé cheli-géver al-ishá velo-yilbásh géver simlát ishá ki to'avát adonáy elohécha kol-óse élle
5 Let there be no men's clothing on a woman, and let a man not put on a woman's dress, because an abomination to the LORD, your God, is everyone who does so.
It seems an understandable verse; it says this: “A man must dress in men's clothing, a woman – in women's.” The original meaning is that a man should not disguise himself as a woman, should not sneak into the company of women for some lewd, not very pious or very impious purposes. The same applies to a woman as well. This commandment was greatly expanded, perhaps in places even exaggeratedly. Today there are kinds of clothing, say, women's pants, which a man would never in his life put on. You can see that these are pink little pants with rhinestones, and they fasten like women's, and it would seem this is women's clothing. Nevertheless, many set for themselves such a level of righteousness that they say: a sister must not put this on, because pants are still men's clothing (despite the fact that in those times baggy pants were women's clothing). Times change, the desire to put a woman into a strict framework does not change. I will not even discuss this.
One way or another, originally the commandment has two possible interpretations. The first (what I spoke about) – when a man sneaks into the women's company or when a woman sneaks in among men, this is already a violation of a boundary, a violation of personal space, since this is an insult toward those among whom she (he) ends up. The second possible variant of interpretation is a magical one, when some sorcerer or magus imagined himself as some person, Kedorlaomer or Sosipater, and, being in this role, dressed in a woman's dress, thus trying to deprive Kedorlaomer or Sosipater of male potency. This is magic, this is far from understandable to everyone, and this is an unlikely commentary. Most likely, the matter is after all about lewd acts, when, indeed, a man disguises himself as a woman in order to look like a woman, and a woman disguises herself as a man in order to look like a man. It is hardly likely that originally this commandment included such a perversion as transvestites or transgender people (or whatever else they are called), that is, people who have not quite made up their minds about their sex and count themselves as belonging to the other sex, who like to dress in the clothing of the other sex. And nevertheless, of course, all these phenomena are to the same degree an abomination before the Most High.
In the modern Orthodox world, the Jewish world, a woman in most communities does not put on pants – she strictly puts on a skirt. This is connected not only with the prohibition that is stated here, but also with the fact that it is not customary for the movement of a woman's legs to be visible as she walks. This is how women built their idea of modesty. And, naturally, if someone wants to show modesty in this matter, who can stop it or call it unworthy? A woman who strives for a righteous life, who chooses the path of a righteous woman (we are not talking about others), has enough reason and common sense to choose clothing for herself in accordance with her ideas of modesty. Therefore for us, for men, it is better to refrain from criticizing women's way of dressing, because nowhere is it written that if a sister's pants tempt you, you need to tear the pants off her. It is written that you need to do something with your own eyes.
In verse 6 – the commandment of sending the brooding mother bird away from the nest.
כִּי יִקָּרֵא קַן־צִפּוֹר לְפָנֶיךָ בַּדֶּרֶךְ בְּכָל־עֵץ אוֹ עַל־הָאָרֶץ אֶפְרֹחִים אוֹ בֵיצִים וְהָאֵם רֹבֶצֶת עַל־הָאֶפְרֹחִים אוֹ עַל־הַבֵּיצִים לֹא־תִקַּח הָאֵם עַל־הַבָּנִים׃
ki yikkaré kan-tzippór lefanécha baddérech bechol-étz o al-ha'áretz efrochím o vetzím veha'ém rovétzet al-ha'efrochím o al-habbetzím lo-tikkách ha'ém al-habbaním
6 If a bird's nest happens to be before you on the way, on any tree or on the ground, and in it are chicks or eggs, and the mama is sitting on these chicks or eggs (hatching the eggs or feeding the chicks), do not take for yourself both the mother and the chicks.
Do not take for yourself, do not destroy everything at once. In any place where you encounter the phenomena of nature, do not destroy everything down to the root.
שַׁלֵּחַ תְּשַׁלַּח אֶת־הָאֵם וְאֶת־הַבָּנִים תִּקַּח־לָךְ לְמַעַן יִיטַב לָךְ וְהַאֲרַכְתָּ יָמִים׃
shalléach teshallách et-ha'ém ve'et-habbaním tikkach-lách lemá'an yítav lach veha'arachtá yamím
7 Send away the mother (who can bear more chicks), and the eggs or the chicks take for yourself, so that it may be well with you and your days may be prolonged.
This is a disciplining, educating commandment. You came across chicks, you found eggs, but if you are on the road and not terribly hungry, then from these chicks there is “not a penny's worth of use – you won't fill a saucepan, and you won't stuff a pillow,” as the dove said to Fedot the archer. And, by and large, what can you get from them, from these chicks? From eggs there is perhaps more use, but all the same this is a commandment that urges you to take care of nature, not to destroy everything down to the root. What for? So that it may be well with you and your days may be prolonged. Just as respect for parents prolongs days, so this respect, this careful treatment of nature, prolongs days.
This commandment too has many mystical, allegorical commentaries. That is what always happens when we encounter a commandment that is difficult to perceive and to understand.
כִּי תִבְנֶה בַּיִת חָדָשׁ וְעָשִׂיתָ מַעֲקֶה לְגַגֶּךָ וְלֹא־תָשִׂים דָּמִים בְּבֵיתֶךָ כִּי־יִפֹּל הַנֹּפֵל מִמֶּנּוּ׃
ki tivné báyit chadásh ve'asíta ma'aké legaggécha velo-tasím damím bevetécha ki-yippól hannofél mimménnu
8 If you build a new house, make a fence on your roof, and there will be no blood on your house, lest someone suddenly fall from it.
In the land of Israel houses were usually built with a flat roof. In the evening one could sit on the roof: someone played backgammon, someone studied Torah, someone hung out the laundry. The roof was part of the house, life was bustling there. And the Torah commands to put up a railing on the roof, so that people do not fall from it.
The commentators say: “If a person fell, it means that this is what the Most High had provided for him. People do not fall from the roofs of houses by chance. If some person fell from a roof, it means he deserved it by some sins.” And the answer to this question is this: yes, most likely, that is so, a person who is not sinful will not fall from a roof. But do you want this blood to be precisely on you, for your house to be the instrument of this person's execution? Most likely not. And the Torah says: “No, do not do so.”
In verse 9 there is already a completely different topic.
לֹא־תִזְרַע כַּרְמְךָ כִּלְאָיִם פֶּן־תִּקְדַּשׁ הַמְלֵאָה הַזֶּרַע אֲשֶׁר תִּזְרָע וּתְבוּאַת הַכָּרֶם׃
lo-tizrá karmechá kil'áyim pen-tikdásh hamle'á hazzéra ashér tizrá utvu'át hakkárem
9 Do not sow your vineyard with two different kinds of fruits, because the whole sowing may come under a ban, all that you sow, all that is sown in the vineyard.
One may not sow two kinds of plants next to each other either in a field (we spoke about this in the book of Vayikra 19:19) or in a vineyard. Again, when it comes to commandments that we do not understand very well, there are commentators who say: “This is simply a law. Just do it this way, and that's it. That is how the Most High wanted it, we do not necessarily have to understand everything.” Other commentators try to understand the reason and say: “Perhaps some kind of plant is considered to bring luck to another kind of plant. And one could say: this grows wonderfully together with this, so let us mix them as a kind of agricultural magic.” Third commentators recall an existing tradition and say: “Over every plant there is an angel who makes it grow. And here suddenly the angels get mixed up, and there will be chaos among the angels and complete confusion. There is no need to do so.” And there are also commentators (this understanding is closer to me) who say: “Different plants feed on water from the ground to different degrees. It may happen that one plant takes too much moisture for itself and leaves none for the second plant, the forces will be unequal. Therefore there is no need to do so.”
לֹא־תַחֲרֹשׁ בְּשׁוֹר־וּבַחֲמֹר יַחְדָּו׃
lo-tacharósh beshor-uvachamór yachdáv
10 Do not plow with an ox and with a donkey together.
Well, by and large, one can understand it in the same key: do not harness animals of different strength in one team, do not harness together a horse and a trembling doe, nothing will come of it for you.
לֹא תִלְבַּשׁ שַׁעַטְנֵז צֶמֶר וּפִשְׁתִּים יַחְדָּו׃
lo tilbásh sha'atnéz tzémer ufishtím yachdáv
11 Do not put on what is mixed of wool and linen.
Sha'atnéz – a fabric (and clothing made from it) woven from two kinds of threads interlacing orthogonally, which pass one under the other, in this case wool and linen. Shti (warp threads) va'érev (and weft threads) – another name for this.
And again there are many different commentaries on this matter. We will dwell on two. Some say: “This is connected with the fact that clothing of wool and linen is the privilege of the kohen. Do not dress in priestly garments, know your place.” Others say: “It is impossible to take wool, which is obtained as if by robbing an animal, taken from an animal, and mix it with linen, which a person grew himself.” Both of these commentaries, these understandings, are in my view rather incomplete. Perhaps such was the clothing of the neighboring pagan peoples, this too is one of the reasons.
Such a riddle (and not only for me) verse 11 remains. This commandment is a riddle.
גְּדִלִים תַּעֲשֶׂה־לָּךְ עַל־אַרְבַּע כַּנְפוֹת כְּסוּתְךָ אֲשֶׁר תְּכַסֶּה־בָּהּ׃
gedilím ta'ase-lách al-arbá kanfót kesutechá ashér techasse-bá
12 Make yourself tassels on the four corners of your covering, with which you will cover yourself.
This is the same commandment about tzitzit, those very tassels on clothing (Bemidbar 15:38). Why does it appear here? Because precisely with regard to the tassels one can say: we attach woolen tassels to linen clothing, this may be done. This verse comes as if in parentheses, as a permission to act so.
From verse 13 a different topic begins again.
כִּי־יִקַּח אִישׁ אִשָּׁה וּבָא אֵלֶיהָ וּשְׂנֵאָהּ׃
ki-yikkách ish ishá uvá eléha usne'á
13 If a man takes a wife for himself, and comes in to her, and comes to hate her,
Something happened between them at night, something was not to his liking, or something happened inside him.
וְשָׂם לָהּ עֲלִילֹת דְּבָרִים וְהוֹצִיא עָלֶיהָ שֵׁם רָע וְאָמַר אֶת־הָאִשָּׁה הַזֹּאת לָקַחְתִּי וָאֶקְרַב אֵלֶיהָ וְלֹא־מָצָאתִי לָהּ בְּתוּלִים׃
vesám la alilót devarím vehotzí aléha shém ra ve'amár et-ha'ishá hazzót lakáchti va'ekráv eléha velo-matzáti la betulím
14 And he made a slander against her (talked against her), and spread an evil name about her, and said: “I, you see, took this woman, and came in (drew near) to her, and did not find virginity in her,”
There is such a slander, such an accusation, directed, as we understand, at the parents of this girl, who brought her up badly.
וְלָקַח אֲבִי הַנַּעַר (הַנַּעֲרָה) וְאִמָּהּ וְהוֹצִיאוּ אֶת־בְּתוּלֵי הַנַּעַר (הַנַּעֲרָה) אֶל־זִקְנֵי הָעִיר הַשָּׁעְרָה׃
velakách aví hanna'ará ve'immá vehotzíu et-betulé hanna'ará el-zikné ha'ír hashá'ra
15 And the father of the girl and her mama will take, and they will bring out the virginity of the girl to the elders of the city, to the gates.
That is, customs that are rather unpleasant and rather incomprehensible for us in the 21st century, when they take the sheets on which there is the blood of virginity and bring them out to the gates. Here one needs to understand that, of course, not every girl bleeds when she loses her virginity, the hymen does not always close the entrance to the vagina and tear at the first intimacy. There are very many reservations, but the Torah speaks with the people without offering them a textbook on gynecology. The Torah speaks with a people that has certain concrete understandings, and with these understandings the Torah is given to it, given to grow into, in order to educate people. And very much of what we will read further in this chapter will seem strange to us, and this proves that the Torah has educated people.
וְאָמַר אֲבִי הַנַּעַר (הַנַּעֲרָה) אֶל־הַזְּקֵנִים אֶת־בִּתִּי נָתַתִּי לָאִישׁ הַזֶּה לְאִשָּׁה וַיִּשְׂנָאֶהָ׃
ve'amár aví hanna'ará el-hazzekením et-bittí natátti la'ísh hazzé le'ishá vayisna'éha
16 And the father of the girl will say to the elders: “I gave my daughter to this man as a wife, and he came to hate her,
וְהִנֵּה־הוּא שָׂם עֲלִילֹת דְּבָרִים לֵאמֹר לֹא־מָצָאתִי לְבִתְּךָ בְּתוּלִים וְאֵלֶּה בְּתוּלֵי בִתִּי וּפָרְשׂוּ הַשִּׂמְלָה לִפְנֵי זִקְנֵי הָעִיר׃
vehinne-hú sam alilót devarím lemór lo-matzáti levittechá betulím ve'élle betulé vittí ufaresú hassimlá lifné zikné ha'ír
17 And here, he slanders her, saying: “I did not find virginity in your daughter,” but here are the signs (the blood) of my daughter's virginity!” And they spread open her garments before the elders of the city.
This might have been not a sheet, but also some kind of slip, a nightgown in which she was with her husband on the first night.
וְלָקְחוּ זִקְנֵי הָעִיר־הַהִוא אֶת־הָאִישׁ וְיִסְּרוּ אֹתוֹ׃
velakechú zikné ha'ir-hahí et-ha'ísh veyisserú otó
18 And the elders of the city will take this man, and punish him.
וְעָנְשׁוּ אֹתוֹ מֵאָה כֶסֶף וְנָתְנוּ לַאֲבִי הַנַּעֲרָה כִּי הוֹצִיא שֵׁם רָע עַל בְּתוּלַת יִשְׂרָאֵל וְלוֹ־תִהְיֶה לְאִשָּׁה לֹא־יוּכַל לְשַׁלְּחָהּ כָּל־יָמָיו׃
ve'aneshú otó mé'a chésef venatenú la'aví hanna'ará ki hotzí shem ra al betulát yisraél velo-tihyé le'ishá lo-yuchál leshallechá kol-yamáv
19 And they will impose on him a fine of a hundred pieces of silver, and give them to the girl's father, because he (the husband) spread an evil name about an Israelite virgin; she will be his wife, and all the days of his life he will not be able to send her away.
Here it becomes frightening. It becomes frightening for me; for girls, as a rule, it becomes even more frightening. Well, and how is one supposed to live now? And in order to answer this question, one needs to look at it through the eyes of that time. Of course, every girl wants to have a beloved husband beside her, loving and tender, but it was far from always that it turned out that way. In our case, if the man had driven this girl away or sent her away for some reason, she would have ended up with a ruined reputation. And not only she, but also her sisters and brothers – those whom someone will want to take as wives, those who will want to marry; their reputation too would be ruined. Such a girl became untouchable, a disgrace to the family, from which it is very hard to wash oneself clean and clear oneself. Such a marriage, when the husband does not have the right to throw her out (there are conditions under which she can leave him, these are somewhat different questions), gives her complete social security. Even if she loses her mind, God forbid, if she grows fat, goes blind, becomes disabled, there will be social protection for her.
And today in Eastern countries, including in the east of the CIS, in Central Asia, for example, girls are kidnapped, raped, and then their own relatives tell them: “Well, where will you go now? Who needs you now? Who will take you?” And these women stay living with the rapists. This, unfortunately, is not a rare but a very widespread phenomenon, and such a thing can be encountered very often. Imagine how frightening it was at that time for a woman who was left with a dubious reputation, with an insult and so on. A terrible situation, terrible from all sides. And when we read this, we must say that – yes, the Torah takes into account certain shortcomings, problems of society, but at the same time the Torah is set on correcting it. And the fact that in the 21st century this seems horrible to us already shows that it works, that humanity has in many ways outgrown this barbaric, disdainful attitude toward women and has truly been brought up and has changed.
But there is another case: a man took a girl, and she really turned out not to be a virgin. We read about this situation from verse 20.
וְאִם־אֱמֶת הָיָה הַדָּבָר הַזֶּה לֹא־נִמְצְאוּ בְתוּלִים לַנַּעַר (לַנַּעֲרָה)׃
ve'im-emét hayá haddavár hazzé lo-nimtze'ú vetulím lanna'ará
20 But if this really was so, and virginity was not found in the girl,
וְהוֹצִיאוּ אֶת־הַנַּעַר (הַנַּעֲרָה) אֶל־פֶּתַח בֵּית־אָבִיהָ וּסְקָלוּהָ אַנְשֵׁי עִירָהּ בָּאֲבָנִים וָמֵתָה כִּי־עָשְׂתָה נְבָלָה בְּיִשְׂרָאֵל לִזְנוֹת בֵּית אָבִיהָ וּבִעַרְתָּ הָרָע מִקִּרְבֶּךָ׃
vehotzí'u et-hanna'ará el-pétach bet-avíha uskalúha anshé irá ba'avaním vaméta ki-asetá nevalá beyisraél liznót bet avíha uvi'artá hará mikkirbécha
21 They will bring the daughter out to the entrance of her father's house, and the inhabitants of the city will pelt her with stones, and she will die, because she did an abomination in Israel, to commit harlotry in her father's house; destroy the evil from your midst.
Well, I think commenting here… one may as well not comment.
כִּי־יִמָּצֵא אִישׁ שֹׁכֵב עִם־אִשָּׁה בְעֻלַת־בַּעַל וּמֵתוּ גַּם־שְׁנֵיהֶם הָאִישׁ הַשֹּׁכֵב עִם־הָאִשָּׁה וְהָאִשָּׁה וּבִעַרְתָּ הָרָע מִיִּשְׂרָאֵל׃
ki-yimmatzé ish shochév im-ishá ve'ulat-bá'al umétu gam-shenehém ha'ísh hashochév im-ha'ishá veha'ishá uvi'artá hará miyisraél
22 If it is discovered that some man has slept with a woman who has known a husband, both will die, both the man who slept with the woman and the woman herself; destroy this evil from Israel (adulterers die).
Here it is interesting and again seemingly so strange, but this too is about the rights of a woman. I spoke about this when we touched on this commandment (Vayikra 20:10). In the laws of Hammurabi (ancient Babylon) and in the laws of Manu (ancient India) there is a similar law, but there the woman's husband can say: “Let her go, I ask that she be pardoned,” and she, as his property, receives a pardon. Here a woman is an independent person. The husband cannot say: “I forgive her, do not kill her. This is my thing, my wife: if I want, I forgive; if I want, I do not forgive.” Here the husband does not have such a right. The woman stands before the Most High, she answers independently for her deeds – true, at the cost of her life, but there really is a difference.
כִּי יִהְיֶה נַעַר (נַעֲרָה) בְתוּלָה מְאֹרָשָׂה לְאִישׁ וּמְצָאָהּ אִישׁ בָּעִיר וְשָׁכַב עִמָּהּ׃
ki yihyé na'ará vetulá me'orasá le'ísh umtza'á ish ba'ír veshacháv immá
23 If there is a girl, betrothed to a husband, and a man met her in the city, and lay with her,
וְהוֹצֵאתֶם אֶת־שְׁנֵיהֶם אֶל־שַׁעַר הָעִיר הַהִוא וּסְקַלְתֶּם אֹתָם בָּאֲבָנִים וָמֵתוּ אֶת־הַנַּעַר (הַנַּעֲרָה) עַל־דְּבַר אֲשֶׁר לֹא־צָעֲקָה בָעִיר וְאֶת־הָאִישׁ עַל־דְּבַר אֲשֶׁר־עִנָּה אֶת־אֵשֶׁת רֵעֵהוּ וּבִעַרְתָּ הָרָע מִקִּרְבֶּךָ׃
vehotzetém et-shenehém el-shá'ar ha'ír hahí uskaltém otám ba'avaním vamétu et-hanna'ará al-devár ashér lo-tza'aká va'ír ve'et-ha'ísh al-devár asher-inná et-éshet re'éhu uvi'artá hará mikkirbécha
24 Then drag both of them out to the gates of that city, and pelt them with stones, and they will be killed: the girl because she did not cry out (did not call for help) in the city, and the man because he raped his neighbor's wife; and destroy the evil from your midst.
Such is the law. If a girl is being raped, God forbid, she must call for help. If she does not call for help, then one can consider that she consents. As they say, in reality everything is not the way it really is. There can be a mass of circumstances: for example, this man, the rapist, could have been threatening with a knife her, or her parents, or her little younger sister. And there can also be a mass of other circumstances that protect the girl, and they must be investigated. The whole question of the investigation is whether she resisted, whether she really objected to this rape.
Of course, one cannot fail to acknowledge that over the course of many centuries teachers were biased toward women. There is a well-known story about how a married woman came to a rabbi and said to him: “Rabbi, I was raped. What am I to do? Permit me to my husband, please.” The rabbi (it was Rabbi Yehuda) said to her: “Well, you did after all get pleasure from it in the end, didn't you?” She said to him: “You know what, Rabbi, if on Yom Kippur someone dips a finger in honey and runs it across your lips, will it taste sweet to you or not?” And he accepted this as an argument. This is told as a kind of story about magnanimity toward women and about the dignity of teachers. In my view, it characterizes Rabbi Yehuda abysmally, and it characterizes the attitude toward women in a completely lousy way (rather badly). But we learn, we change, and what was two thousand years ago is today already completely not so. Again I will repeat: the changes in the attitude toward women are evidence that the world is changing and the people is changing.
So, the woman is executed because she did not cry out and did not call for help in the city.
Verse 25 describes another situation.
וְאִם־בַּשָּׂדֶה יִמְצָא הָאִישׁ אֶת־הַנַּעַר (הַנַּעֲרָה) הַמְאֹרָשָׂה וְהֶחֱזִיק־בָּהּ הָאִישׁ וְשָׁכַב עִמָּהּ וּמֵת הָאִישׁ אֲשֶׁר־שָׁכַב עִמָּהּ לְבַדּוֹ׃
ve'im-bassadé yimtzá ha'ísh et-hanna'ará ham'orasá vehechezik-bá ha'ísh veshacháv immá umét ha'ísh asher-shacháv immá levaddó
25 But if in the field a man meets a betrothed girl, and the man seizes her, and lies with her – only the one who raped her, he will be put to death.
וְלַנַּעַר (וְלַנַּעֲרָה) לֹא־תַעֲשֶׂה דָבָר אֵין לַנַּעַר (לַנַּעֲרָה) חֵטְא מָוֶת כִּי כַּאֲשֶׁר יָקוּם אִישׁ עַל־רֵעֵהוּ וּרְצָחוֹ נֶפֶשׁ כֵּן הַדָּבָר הַזֶּה׃
velanna'ár lo-ta'asé davár en lanna'ará chet mávet ki ka'ashér yakúm ish al-re'éhu urtzachó néfesh ken haddavár hazzé
26 And to the girl do nothing: there is no sin of death on the girl, for this is like as if someone rose up against his neighbor and killed him – so too is this case,
כִּי בַשָּׂדֶה מְצָאָהּ צָעֲקָה הַנַּעַר (הַנַּעֲרָה) הַמְאֹרָשָׂה וְאֵין מוֹשִׁיעַ לָהּ׃
ki vassadé metza'á tza'aká hanna'ará ham'orasá ve'én moshíya la
27 Because in the field he met her, the betrothed maiden cried out, but there was no one to save her.
Even if she did cry out, all the same no one would have come to help her, since this is a field, a deserted place – cry or don't cry… In this way the girl is cleared.
כִּי־יִמְצָא אִישׁ נַעַר (נַעֲרָה) בְתוּלָה אֲשֶׁר לֹא־אֹרָשָׂה וּתְפָשָׂהּ וְשָׁכַב עִמָּהּ וְנִמְצָאוּ׃
ki-yimtzá ish na'ará vetulá ashér lo-orása utfasá veshacháv immá venimtzá'u
28 But if a man meets a girl, a virgin, who is not betrothed, and seized her, and slept with her, and this was discovered,
וְנָתַן הָאִישׁ הַשֹּׁכֵב עִמָּהּ לַאֲבִי הַנַּעַר (הַנַּעֲרָה) חֲמִשִּׁים כָּסֶף וְלוֹ־תִהְיֶה לְאִשָּׁה תַּחַת אֲשֶׁר עִנָּהּ לֹא־יוּכַל שַׁלְּחָהּ כָּל־יָמָיו׃
venatán ha'ísh hashochév immá la'aví hanna'ará chamishím kásef velo-tihyé le'ishá táchat ashér inná lo-yuchál shallechá kol-yamáv
29 Then the one who slept with her will give the girl's father fifty pieces of silver, and she will be his wife; because he raped her, he will not be able to send her away all the days.
Again I will repeat: unfortunately, in those times the reputation of a woman who had gone through rape was ruined, her life destroyed. Whichever way you turn it, she will still be considered a loose woman. This happened in later times too, and doubt always arose. And, unfortunately, it does not always happen that this man becomes her husband. And very often it was so (this happens now too) that some man of high estate raped a commoner and said: “Who do you think you are? You are just a peasant woman, a commoner! Bear me a bastard, bear me a by-blow.” And such a thing also happens. But what we see here is serious social protection by the standards of the society of that time. This taught people that a woman must be protected. And therefore the level of protection that a woman receives today comes from that school. A woman must be protected socially at the level that society has grown up to and that is permitted in it. This is very hard to accept. And often young, hot-headed girls ask me: “How can this be? To live a whole life and look the rapist in the face? To look in the face of a man who raped you?” And this is truly impossible to understand through the eyes of a person of our civilization in the 21st century. But, again I will repeat, in the East even now every third or fourth girl gets married in just this way. Unfortunately, this is the sad truth. Not everyone has been brought up by the Torah. But the fact that for us today this is perceived as horror is the result of the Torah having brought us up.
Such is the difficult chapter 22 of the book of Devarim.
Keeping Purity
Devarim 23:1–26 – 24:1–6
With God's help, we continue to study the weekly portion Ki Tetze, and we will read from verse 1 of chapter 23 of the book of Devarim.
לֹא־יִקַּח אִישׁ אֶת־אֵשֶׁת אָבִיו וְלֹא יְגַלֶּה כְּנַף אָבִיו׃
lo-yikkách ish et-éshet avív veló yegallé kenáf avív
1 Let a man not take his father's wife, and let him not uncover the skirt of his father's garment.
Any woman who was married to the father is forbidden to the son. If she was married to the father, she became part of the father's flesh, and to go in to her, to uncover her nakedness, is like uncovering the nakedness of one's own father. And this, God forbid, is of course forbidden.
We are very close with our parents. Often we know some of their weak spots, some of their painful situations in life. It is forbidden to dig around in this; it is forbidden in general for any person to press on some sore spots of another; this too means uncovering his nakedness. If we know what a person's weakness is, what his struggle is, what his inner problem is, then there is no need to uncover it. This is true not only in regard to the father, but also in regard to any person.
Here the Torah repeats a law that was already mentioned earlier. That is precisely why we say that the book of Devarim (in Greek Deuteronómion, the Repeated Law, in Russian – Second Law), what we read here, is a repetition of commandments that have already been spoken about. As is well known, repetition is the mother of learning.
So, the father's wife is in any case forbidden to the son. Certain things that he may happen to see by chance thanks to closeness are forbidden to be uncovered, to be disclosed, and one can extend this commandment, as I already said, to any other person.
לֹא־יָבֹא פְצוּעַ־דַּכָּא וּכְרוּת שָׁפְכָה בִּקְהַל יְהוָה׃
lo-yavó fetzua-dakká uchrút shofchá bikhal adonáy
2 A man whose testicles are damaged and whose member is cut off (cut into) cannot enter the community of God (of Israel).
This is a disability that does not deprive a person of any rights. He is equal in everything except one thing: he cannot marry, because he will not be able to satisfy his wife on account of his disability, and the satisfaction of a woman is part of married life, part of life together. This is a physical damage that hinders marriage. There are also damages that are not physical, which the Torah will speak about further on.
לֹא־יָבֹא מַמְזֵר בִּקְהַל יְהוָה גַּם דּוֹר עֲשִׂירִי לֹא־יָבֹא לוֹ בִּקְהַל יְהוָה׃
lo-yavó mamzér bikhál adonáy gam dor asirí lo-yavó lo bikhal adonáy
3 And a mamzér also does not have the right to enter the community of God (the community of Israel); even ten generations later he cannot enter the community of God.
A mamzér also does not have the right to marry an Israelite woman, a Jewish woman (or to marry an Israelite man). Who is a mamzér? A mamzér is a child born of a married woman and a man who is not her husband, the fruit of a married woman's infidelity, and only this case. When an unmarried woman enters into an extramarital relationship with someone and gives birth to a child, then, although this liaison is unlawful, the child born of such a liaison will not be a mamzér. In the Talmud there is a dissenting opinion, the dissenting opinion of Rabbi Meir, who says that a mamzér is a person who is born of a non-Jew and a Jewish woman. This opinion remains just that, a dissenting one; it does not become law. But according to the law, I will repeat, a mamzér is the fruit of a married woman's infidelity with a strange man.
As a rule, the solution to this situation is (after all, in reality the child is objectively not to blame for what liaison he was born from; he did not decide how he would be born) that a mamzér may marry a female proselyte who is entering the community of Israel, and enter together with her, or marry a freed female slave. There are legal solutions to these situations, they exist, but we will not go into them.
Today, since the judges of Israel, the rabbis, do not consider themselves to be at the proper spiritual level, they say: “We do not judge, we do not discuss these questions today.” Even if a woman comes and says, testifies: “I gave birth to this child as a result of infidelity, and here is a DNA test, and here is the marriage certificate, here are all the documents,” the rabbi will say: “Well, documents are documents, but we believe in testimony. Do you have two kosher witnesses that you conceived not from your husband? Not even that you were unfaithful to your husband, but that you conceived not from your husband? You have no witnesses? Well, that means we do not accept your testimony.” This is not an unwillingness to judge by the Torah; it is an understanding that we are at a different spiritual level. If in the times of the giving of the Torah infidelity was an extraordinary event, sensational, so to speak, then in our days it has become almost an everyday matter. The level of the judges has also changed very much, and therefore the teachers say: “We are not ready to judge this way today.” Well, and besides that, no one has canceled mercy toward children either.
There are also conditions that do not give a person the possibility of entering into marriage with Israelites.
לֹא־יָבֹא עַמּוֹנִי וּמוֹאָבִי בִּקְהַל יְהוָה גַּם דּוֹר עֲשִׂירִי לֹא־יָבֹא לָהֶם בִּקְהַל יְהוָה עַד־עוֹלָם׃
lo-yavó ammoní umo'aví bikhal adonáy gam dor asirí lo-yavó lahém bikhál adonáy ad-olám
4 And the Moabites and the Ammonites also cannot come into the assembly of Israel; even the tenth generation will not enter the community of Israel forever (for all time) –
And in regard to the mamzér we also read about ten generations. Ten generations is, of course, a terribly long time. Which of us remembers our ancestors ten generations back? Which of us can answer for the actions of our ancestors committed ten generations ago? I think far, far from everyone; hardly anyone at all will be able to. I know my ancestors up to seven generations back; this too is a rarity, I was simply lucky, it just happened that way, while most people know up to four or five generations back. But here there is a prohibition for ten generations, and, besides that, at the end it is written forever. Why then is it written both ten generations and forever? Perhaps four or five hundred years will pass from the moment of the giving of the Torah, and someone will say: “Let's forgive these Moabites, these Ammonites, it's a thing of the past; whoever brings up the past, may he lose an eye; let's already accept them.” The Torah says: “No, this rule is in force forever.” And it must also be said that the Ammonites and the Moabites here are men. We know at least one woman, a Moabite – Rut, who entered the community of Israel, built a wonderful house in Israel, became the ancestress of David and entered the genealogy of Mashiach. This tells us that a Moabite woman may be accepted into the community of Israel. For what, then, are the Ammonites and the Moabites punished?
עַל־דְּבַר אֲשֶׁר לֹא־קִדְּמוּ אֶתְכֶם בַּלֶּחֶם וּבַמַּיִם בַּדֶּרֶךְ בְּצֵאתְכֶם מִמִּצְרָיִם וַאֲשֶׁר שָׂכַר עָלֶיךָ אֶת־בִּלְעָם בֶּן־בְּעוֹר מִפְּתוֹר אֲרַם נַהֲרַיִם לְקַלְלֶךָּ׃
al-devár ashér lo-kiddemú etchém balléchem uvammáyim baddérech betzetechém mimmitzráyim va'ashér sachár alécha et-bil'ám ben-be'ór mippetór arám naharáyim lekalelékka
5 Because they did not receive you with bread and water on the way, when you were going out of Egypt, and because they hired against you Bil'am ben Be'or from Ptor of the Chaldeans, to curse you.
וְלֹא־אָבָה יְהוָה אֱלֹהֶיךָ לִשְׁמֹעַ אֶל־בִּלְעָם וַיַּהֲפֹךְ יְהוָה אֱלֹהֶיךָ לְּךָ אֶת־הַקְּלָלָה לִבְרָכָה כִּי אֲהֵבְךָ יְהוָה אֱלֹהֶיךָ׃
velo-avá adonáy elohécha lishmó'a el-bil'ám vayahafóch adonáy elohécha lechá et-hakkelalá livrachá ki ahevechá adonáy elohécha
6 But then the LORD, your God, did not want to listen to Bil'am, and the LORD, your God, turned the curse into a blessing for you, because the LORD, your God, loves you.
לֹא־תִדְרֹשׁ שְׁלֹמָם וְטֹבָתָם כָּל־יָמֶיךָ לְעוֹלָם׃
lo-tidrósh shelomám vetovatám kol-yamécha le'olám
7 Do not seek peace and good with them all the days of your life, forever.
That is, do not ask how they are doing; one can translate it that way. This is the punishment for the Moabites and the Ammonites. And next, let's read something interesting.
לֹא־תְתַעֵב אֲדֹמִי כִּי אָחִיךָ הוּא לֹא־תְתַעֵב מִצְרִי כִּי־גֵר הָיִיתָ בְאַרְצוֹ׃
lo-teta'év adomí ki achícha hu lo-teta'év mitzrí ki-gér hayíta ve'artzó.
8 Do not despise the Edomites, because he is your brother; do not despise (do not be squeamish about) the Egyptians, because you were a stranger in his land.
בָּנִים אֲשֶׁר־יִוָּלְדוּ לָהֶם דּוֹר שְׁלִישִׁי יָבֹא לָהֶם בִּקְהַל יְהוָה׃
baním ashér-yivvaledú lahém dor shelishí yavó lahém bikhál adonáy
9 The sons who will be born to them, the third generation can already enter the society of Israel.
Look what an amazing difference. The Egyptians threw Jewish children into the Nile, killed Jewish children. The Moabites and the Ammonites hired Bil'am, who wanted to destroy the Jews spiritually. Yeshua Mashiach said: “Do not fear the one who wants to kill your body; fear the one who can kill your soul.” The punishment is greater for those who tried to tear the people of Israel away, to lead them away from the Most High, than for those who physically killed Jews. And the Egyptians we accept already after three generations, but the Moabites and the Ammonites – never. Such is the difference in approach.
From verse 10 another topic begins.
כִּי־תֵצֵא מַחֲנֶה עַל־אֹיְבֶיךָ וְנִשְׁמַרְתָּ מִכֹּל דָּבָר רָע׃
ki-tetzé machané al-oyevécha venishmartá mikkól davár ra
10 If you go out as a camp against your enemy, beware of every bad thing.
כִּי־יִהְיֶה בְךָ אִישׁ אֲשֶׁר לֹא־יִהְיֶה טָהוֹר מִקְּרֵה־לָיְלָה וְיָצָא אֶל־מִחוּץ לַמַּחֲנֶה לֹא יָבֹא אֶל־תּוֹךְ הַמַּחֲנֶה׃
ki-yihyé vechá ish ashér lo-yihyé tahór mikkere-láyla veyatzá el-michútz lammachané lo yavó el-tóch hammachané
11 If there is in your midst a man who will not be clean because of a nighttime occurrence, let him go outside the camp and not enter the camp.
A nighttime occurrence is a nocturnal emission, an involuntary ejaculation of seed. That is, a person who has ritual impurity cannot be in the camp. Even if it is not a city but a temporary dwelling in field conditions, where perhaps there is not always the possibility to wash, to purify oneself, to eat one's fill, and one could say: “War is war.” The Most High says: “War is war, but it has its own laws. Take care to keep the ritual purity of your camp. Even if there is no altar nearby and no one will be bringing sacrifices, keep the purity of your camp.”
וְהָיָה לִפְנוֹת־עֶרֶב יִרְחַץ בַּמָּיִם וּכְבֹא הַשֶּׁמֶשׁ יָבֹא אֶל־תּוֹךְ הַמַּחֲנֶה׃
vehaya lifnot-érev yirchátz bammáyim uchvó hashémesh yavó el-tóch hammachané
12 And it will be, toward evening he will wash himself in water, and when the sun sets, he will return to the camp.
The person must go through the traditional process of purification.
וְיָד תִּהְיֶה לְךָ מִחוּץ לַמַּחֲנֶה וְיָצָאתָ שָׁמָּה חוּץ׃
veyád tihyé lechá michútz lammachané veyatzáta shámma chutz
13 You will have a prepared place outside the camp; there you will go out.
Even in field conditions, when we dig trenches, set up tents and so on, we are not released from keeping watch over the purity of our camp. And therefore we must designate a special place, set up a place where the unclean will go out.
וְיָתֵד תִּהְיֶה לְךָ עַל־אֲזֵנֶךָ וְהָיָה בְּשִׁבְתְּךָ חוּץ וְחָפַרְתָּה בָהּ וְשַׁבְתָּ וְכִסִּיתָ אֶת־צֵאָתֶךָ׃
veyatéd tihyé lechá al-azenécha vehayá beshivtechá chutz vechafartá va veshavtá vechissíta et-tze'atécha.
14 And there will be a little shovel among your gear, and it will be, when you sit outside (go out to relieve your bowels, to put it in plain Russian), you will dig and then bury, cover your excrement.
Once again, even when we are in field conditions, both ritual purity and hygiene must be observed. The camp must look dignified, because it is the camp of God's people.
כִּי יְהוָה אֱלֹהֶיךָ מִתְהַלֵּךְ בְּקֶרֶב מַחֲנֶךָ לְהַצִּילְךָ וְלָתֵת אֹיְבֶיךָ לְפָנֶיךָ וְהָיָה מַחֲנֶיךָ קָדוֹשׁ וְלֹא־יִרְאֶה בְךָ עֶרְוַת דָּבָר וְשָׁב מֵאַחֲרֶיךָ׃
ki adonáy elohecha mithalléch bekérev machanécha lehattzilechá velatét oyevécha lefanécha vehaya machanécha kadósh velo-yir'é vechá ervát davár vesháv me'acharécha
15 Because the LORD, your God, walks through your camp to save you, to give enemies to you: let your camp be holy, so that He does not see your nakedness (something unclean), so that it does not turn the LORD away from you.
לֹא־תַסְגִּיר עֶבֶד אֶל־אֲדֹנָיו אֲשֶׁר־יִנָּצֵל אֵלֶיךָ מֵעִם אֲדֹנָיו׃
lo-tasgir éved el-adonáv asher-yinnatzél elécha me'ím adonáv
16 Do not hand over a slave to his master when he takes refuge with you from his master.
What is meant is that if a slave has run into your camp, if a runaway slave has run to you, a Canaanite one or, all the more so, a Jewish slave who escaped from a non-Jewish master, then do not return him to his master: the one who came to ask you for political asylum or refugee status, do not oppress.
עִמְּךָ יֵשֵׁב בְּקִרְבְּךָ בַּמָּקוֹם אֲשֶׁר־יִבְחַר בְּאַחַד שְׁעָרֶיךָ בַּטּוֹב לוֹ לֹא תּוֹנֶנּוּ׃
immechá yeshév bekirbechá bammakóm asher-yivchár be'achád she'arécha battóv lo lo tonénnu
17 He will live among you, in your midst, in the place that he will choose, in one of your gates, there where it is good for him, do not turn him into a slave.
A slave who ran away to us, who asked to come to us, we accept, we do not hand him over to his owner, we let him live freely in our midst and do not oppress him.
לֹא־תִהְיֶה קְדֵשָׁה מִבְּנוֹת יִשְׂרָאֵל וְלֹא־יִהְיֶה קָדֵשׁ מִבְּנֵי יִשְׂרָאֵל׃
lo-tihyé kedeshá mibbenót yisraél velo-yihye kadésh mibbené yisraél
18 Let there be no kedeshá among the daughters of Israel, let there be no kadésh among the sons of Israel.
One needs to understand this word (kedeshá, kadésh). Some understand it as ritual temple prostitution (female and male), so to speak, charitable, for the benefit of the temple. At many temples there were women and men who provided services of a sexual nature for donations to the temple, and God forbid that a Jew should have such a custom.
Another variant of reading this verse: let there be no prostitute among you, men and women who provide services for money. Again this is in some way connected with the military camp, because to the warriors or with the warriors there can come, so to speak, combat prostitutes. This was customary among many peoples, and it is forbidden. But the broader understanding and, in my view, the most correct understanding of this verse is the prohibition of male and female prostitution in the people of Israel, because the land of Israel, the community of Israel must be holy.
לֹא־תָבִיא אֶתְנַן זוֹנָה וּמְחִיר כֶּלֶב בֵּית יְהוָה אֱלֹהֶיךָ לְכָל־נֶדֶר כִּי תוֹעֲבַת יְהוָה אֱלֹהֶיךָ גַּם־שְׁנֵיהֶם׃
lo-taví etnán zoná umchír kélev bet adonáy elohécha lechol-néder ki to'avát adonáy elohécha gam-shenehém
19 Do not give the pay of a harlot and the price of a dog into the house of the LORD, your God, in fulfillment of any vow, because both the one and the other are an abomination to the LORD, your God.
If a harlot receives for her services a little sheep, a lamb, a young bull, a little goat, a he-goat, it does not matter, she cannot bring as a sacrifice what was obtained through sin, what was obtained in an unclean way. Very often criminals or some people who live dishonestly and get their money in a way that is, to put it mildly, not very righteous, have such a manner, such a custom: to give donations to the temple, to the synagogue, in order to clear their conscience this way. And the Torah says here: “No, it is impossible to bring as a sacrifice a little sheep received for harlotry.” One can extend this and say that one may not bring into the house of the LORD what was earned in an unclean way.
And what does the price of a dog mean? A dog is an unclean animal, and naturally one cannot bring the dog itself into the Temple. But one can sell a dog and bring the money received into the Temple. Or buy a lamb with the money received and bring it into the Temple. But if the root is unclean, if at the root there is an unclean animal, then, even having exchanged it for a little sheep, we cannot bring this little sheep into the Temple. What is brought into the Temple must be clean in its root, at its very beginning. It is impossible to do a kind of giyur, to turn an unclean little dog into a kosher animal, even by exchanging it for a lamb or a sheep. On the outside everything will seemingly look clean, but in reality it is an abomination to the LORD. Take care that what you bring to the LORD has come to you in a clean way. It is precisely the proximity of this verse to the previous one that gives the commentators the understanding that verse 18 is speaking precisely about temple prostitution. What is brought into the Temple, what is brought to the Most High, must be clean from the outset and completely. Neither a dog nor a harlot can be in this chain.
לֹא־תַשִּׁיךְ לְאָחִיךָ נֶשֶׁךְ כֶּסֶף נֶשֶׁךְ אֹכֶל נֶשֶׁךְ כָּל־דָּבָר אֲשֶׁר יִשָּׁךְ׃
lo-tashích le'achícha néshech késef néshech óchel néshech kol-davár ashér yishách
20 Do not give to your brother at interest, with usury: money with usury, food with usury – anything that can be given at interest.
It is forbidden to give a neighbor, to give a brother money, food for a percentage, at interest. If I give someone fifty shekels and tell him to return fifty-two shekels, then a problem arises – this is a sin; in exactly the same way, if I give someone a pack of sausages and say: you will return two – this is a sin; whatever it may be, I am forbidden to act this way.
There is also another aspect, it is called avák ribít (dust of interest). If I lent a person money for some period, let us say, for a year, then during this year I can call him and say: “Listen, please give me a ride to such-and-such a place; please nail up a little shelf for me; please go to the market for me.” Because I gave this person money, because he owes me, I am invisibly taking interest for my money. This too is forbidden. Even if I expect that this person, when we meet, will shake my hand longer, look at me more politely and smile more, I am thereby seeking interest – this is forbidden. If you do give money, then do not expect that you will get something for it.
לַנָּכְרִי תַשִּׁיךְ וּלְאָחִיךָ לֹא תַשִּׁיךְ לְמַעַן יְבָרֶכְךָ יְהוָה אֱלֹהֶיךָ בְּכֹל מִשְׁלַח יָדֶךָ עַל־הָאָרֶץ אֲשֶׁר־אַתָּה בָא־שָׁמָּה לְרִשְׁתָּהּ׃
lannochrí tashích ul'achícha lo tashích lemá'an yevarechechá adonáy elohécha bechól mishlách yadécha al-ha'áretz asher-attá va-shámma lerishtá
21 To a foreigner give at interest, but to your neighbor do not give at interest, so that in any of your professional occupations the LORD, your God, may bless you, in the land which you have come to inherit.
Mishlách yad – this is a profession, a professional action, business. Naturally, a person may have doubts. All right, when I give ten shekels or twenty shekels, that does not make any difference. But if I suddenly give, let us say, a million (if I had one), I can reason: “Here, I will give it to him now for a year; in that time I could have earned. But this way he will put it into circulation, and he will earn money. Why should he earn from my money? And why should I lose these earnings?” With the money that I have left, with the property that I have left, instead of the interest that I could have earned, I receive a bonus – the blessing of the Most High. I believe that the Most High will bless me more than I would have earned on this. My relationship with my neighbor in all aspects is always my standing before the Most High, beginning with the simplest. When I teach my children respect for their father, I am not teaching it for myself, it is not I who need respect, it is the Most High who wants them to respect and honor me: as a commandment of God I instruct them in this. And the same here too, with money on loan, the same love your neighbor as yourself before the Most High, for the sake of the Most High love, and from Him expect blessing. All settling of accounts is with the Most High, not with the neighbor.
כִּי־תִדֹּר נֶדֶר לַיהוָה אֱלֹהֶיךָ לֹא תְאַחֵר לְשַׁלְּמוֹ כִּי־דָּרֹשׁ יִדְרְשֶׁנּוּ יְהוָה אֱלֹהֶיךָ מֵעִמָּךְ וְהָיָה בְךָ חֵטְא׃
ki-tiddór néder ladonáy elohécha lo te'achér leshallemó ki-darósh yidreshénnu adonáy elohécha me'immách vehayá vechá chet
22 If you take an oath (a vow) to the LORD, your God, do not be late with fulfilling this vow, because the LORD, your God, will demand it from you with demanding, and there will be sin on you.
If you promised something to the Most High, do it for the Most High, so that there is no sin on you.
וְכִי תֶחְדַּל לִנְדֹּר לֹא־יִהְיֶה בְךָ חֵטְא׃
vechí techdál lindór lo-yihyé vechá chet
23 But if you do not make a vow, then there will be no sin on you either.
Do not strive to make vows to the Most High. We do not always know what we will really be able to do and what we will not be able to do, therefore it is better not to make vows, there will be no sin in this. This is the best way to build a relationship with the Most High.
מוֹצָא שְׂפָתֶיךָ תִּשְׁמֹר וְעָשִׂיתָ כַּאֲשֶׁר נָדַרְתָּ לַיהוָה אֱלֹהֶיךָ נְדָבָה אֲשֶׁר דִּבַּרְתָּ בְּפִיךָ׃
motzá sefatécha tishmór ve'asíta ka'ashér nadárta ladonáy elohecha nedavá ashér dibbárta befícha
24 Keep what has come out of your lips, answer for your words, and do as you swore to the LORD, your God, a voluntary offering, which you promised with your lips.
That is, what I promised – this is a voluntary matter; nobody, as they say, pulled me by the tongue. I decided it myself, and once I have decided, I am obliged to fulfill it before the Most High.
כִּי תָבֹא בְּכֶרֶם רֵעֶךָ וְאָכַלְתָּ עֲנָבִים כְּנַפְשְׁךָ שָׂבְעֶךָ וְאֶל־כֶּלְיְךָ לֹא תִתֵּן׃
ki tavó bechérem re'écha ve'achaltá anavím kenafshechá sov'écha ve'el-kelyechá lo tittén
25 If you come into your brother's vineyard, eat grapes as much as your soul pleases, until you are full, but do not put any into your vessels.
This means, eat as much as you like, but do not overeat. As much as you need to be satisfied, that much eat. This is about the time of the grape harvest. You came to the vineyard, you work in your neighbor's vineyard as a hired worker, and you may eat as many of his grapes as you like, without putting them into your vessels. In the field, in the vineyard, eat as much as you want. It is not permitted to forbid a worker to eat where he works. If you are sorting tomatoes, laying them out in boxes, eat as many tomatoes as you want. If you are grilling shawarma, eat as much of it as you want. Where you work, you may eat – you may not take it home, you may not take it with you as a reserve. And this is in the case that we came for the grape harvest, because it speaks of one's own vessels, and that means there are vessels of the owner. If we came there to dig around the vines or to do something else like that, for example, to build a little fence there, then this does not apply to us: we are not working at the grape harvest.
כִּי תָבֹא בְּקָמַת רֵעֶךָ וְקָטַפְתָּ מְלִילֹת בְּיָדֶךָ וְחֶרְמֵשׁ לֹא תָנִיף עַל קָמַתרֵעֶךָ׃
ki tavó bekamát re'écha vekataftá melilót beyadécha vechermésh lo taníf al kamát re'écha
26 If you pass through your neighbor's grain field, then you may pluck ears of grain with your hands, but do not raise a sickle over your neighbor's field.
Do not use machinery to gather the ears of grain; have a conscience. What you gather for yourself, do by hand; there is no need to mechanize this process. There is no need to come with your own shopping bags, nor to drive up with your own combine harvester: what you can do by hand, that is what you do. On the other hand, this of course also applies to the owner of the field, who must understand that his workers will eat at his place; it is impossible to deprive them of this. This is one more law of morality and ethics.
Here chapter 23 ends, and we will continue reading a little from chapter 24.
כִּי־יִקַּח אִישׁ אִשָּׁה וּבְעָלָהּ וְהָיָה אִם־לֹא תִמְצָא־חֵן בְּעֵינָיו כִּי־מָצָא בָהּ עֶרְוַת דָּבָר וְכָתַב לָהּ סֵפֶר כְּרִיתֻת וְנָתַן בְּיָדָהּ וְשִׁלְּחָהּ מִבֵּיתוֹ׃
ki-yikkách ish ishá uv'alá vehayá im-ló timtza-chén be'enáv ki-mátza va ervát davár vechátav la séfer keritút venatán beyadá veshillechá mibbetó
1 If a man takes a wife and goes in to her, and it will be: if she does not find favor in his eyes, because he found in her something unclean, then he will write her a letter of divorce (get) and give it into her hands, and send her away from his house.
In this verse, in this beginning of the story, there are already many elements important for us. First of all, the reason for the divorce: he found in her something unclean. And on this matter there is a dispute of the sages, in which Yeshua Mashiach also took part. There are three main opinions: the house of Shammai (Beit Shammai), one of the leading teachers of Israel, says: only adultery can be a reason for divorce, only if the husband discovered in his wife the shame of adultery. The house of Hillel (Beit Hillel), head of the Sanhedrin for forty years, says: “Even if her food got burnt, that is already a reason to say that you are all thumbs, I'm leaving you (that is, not I'm leaving you, but you leave me).” Some try to soften such a position and say that this is in the case when the woman chose the burnt food and served it to her husband, and took for herself what was not burnt, that is, this is a display of disrespect. But this is a justifying, apologetic commentary of sorts. In reality Hillel's position is this: for any reason at all – whether the shirt is not starched or simply not washed, whether the ceiling is not whitewashed – one may divorce one's wife. There is also a third, special opinion, that of Rabbi Akiva, who says: “Even if he found another, more beautiful than her.” That is, the wife here has nothing to do with it at all, she has no shortcoming, but the husband found another, and he may divorce. Such were the positions.
It must be said that when a man sends a woman away, he gives her money according to the ketuba (the marriage contract), that is, she does not leave empty-handed; she receives some kind of social protection. Besides that, here it is written gave the letter of divorce into her hands. That is, the wife must agree to accept this get, one has to come to an agreement with her, and she can be sent away only on some terms of mutual consent. Just as a man takes a wife with consent, he can also send her away only with consent. This is the reason why in Israel there are many such situations where a man or a woman drags out the divorce process because they refuse to give or to accept the letter of divorce. Yeshua Mashiach spoke on this matter completely unambiguously: only adultery can be a reason for divorce.
So, the man found some reason to send his wife away.
וְיָצְאָה מִבֵּיתוֹ וְהָלְכָה וְהָיְתָה לְאִישׁ־אַחֵר׃
veyatze'á mibbetó vehalechá vehaytá le'ish-achérThe Russian transliteration line of verse 2 repeats words from the end of verse 1. The English line follows the Hebrew verse (“and she becomes another man's”).
2 She will go out of his house, and will go, and will marry another.
Here we run into a contradiction. Yeshua Mashiach said that whoever marries a divorced woman commits adultery. This phrase can be understood in different ways. Since here marrying a divorced woman is not designated as a sin, is not condemned in any way, perhaps we must look for a somewhat different understanding of Yeshua's phrase. And one of the possible understandings is that Mashiach is speaking of the case when a man says to a woman: “Angelina, you are married to Pankrat, therefore you are forbidden to me, I cannot be with you. Divorce your Pankrat, and I will marry you.” In this case whoever marries a divorced woman commits adultery. This is one of the possible understandings of the text. It ties in with certain Talmudic understandings, with other commentaries. Nevertheless, this is only one of the possible understandings. Very often you hear commentators, or those who have received a revelation, say: “Here is the only correct understanding.” We cannot always know which understanding is the only correct one, even if it is confirmed by some tradition, by what we have been taught. Therefore it is always better to leave room for other interpretations and to be ready to accept some interpretation that is hard for us to accept. Naturally, different churches have different customs. Not only will I not condemn any of the customs, I will not even discuss the customs of other communities. Each community establishes its own criteria of righteousness.
Here the Torah describes a situation where a woman married another man, without mentioning in any way that this is a sin for him or for her.
וּשְׂנֵאָהּ הָאִישׁ הָאַחֲרוֹן וְכָתַב לָהּ סֵפֶר כְּרִיתֻת וְנָתַן בְּיָדָהּ וְשִׁלְּחָהּ מִבֵּיתוֹ אוֹ כִי יָמוּת הָאִישׁ הָאַחֲרוֹן אֲשֶׁר־לְקָחָהּ לוֹ לְאִשָּׁה׃
usne'á ha'ísh ha'acharón vechátav la séfer keritút venatán beyadá veshillechá mibbetó o chi yamút ha'ish ha'acharón asher-lekachá lo le'isha
3 And this last husband also hated her, and also wrote her a letter of divorce, and gave it into her hands and sent her away from the house, or this last husband, who took her as his wife, will die,
לֹא־יוּכַל בַּעְלָהּ הָרִאשׁוֹן אֲשֶׁר־שִׁלְּחָהּ לָשׁוּב לְקַחְתָּהּ לִהְיוֹת לוֹ לְאִשָּׁה אַחֲרֵי אֲשֶׁר הֻטַּמָּאָה כִּי־תוֹעֵבָה הִוא לִפְנֵי יְהוָה וְלֹא תַחֲטִיא אֶת־הָאָרֶץ אֲשֶׁר יְהוָה אֱלֹהֶיךָ נֹתֵן לְךָ נַחֲלָה׃
lo-yuchál ba'lá harishón asher-shillechá lashúv lekachtá lihyot lo le'ishá acharé ashér huttammá'a ki-to'evá hi lifné adonáy veló tachatí et-ha'áretz ashér adonáy elohecha notén lechá nachalá
4 Then the first husband, who divorced her, cannot take her as his wife again, after she has, as it were, been defiled by another man, because this is an abomination before the LORD; do not turn into a sinner the land which the LORD, your God, gives you as an inheritance.
So, if a man divorced his wife, gave her a get and they separated, he can take her back years later. But he cannot take her back if she married another and was defiled with another. It is quite likely that, if such a possibility existed, the shadow of the second husband would be invisibly present all the time between the spouses, in their life and on their bed. From this the Torah protects; this would be an unclean marriage. It is interesting that Islam, which very often distorts, mangles some Jewish laws it happened to hear, in this case says the opposite, that a woman can return to her husband only if she has been married to someone else. This gave rise to very many legal oddities in the history of Islam. And, looking into this, you really begin to understand what an abomination it is when a wife, having been married to another, returns to her husband. Today in Israel a divorce is not granted just like that, and they try to reconcile the family. Either of the spouses can ask for shlom-bayt, a process of returning peace to the family, mentoring families are appointed, and so on. In general, this can turn out to be a complicated, long process, and it is often not so easy to get divorced. The family is a value for the people of Israel and, of course, in the eyes of the Most High it is a value, therefore it cannot be destroyed just like that. The institution of marriage is very important for the Torah. There is a story that tells how, because of the destruction precisely of the family institution, because the attitude toward the family, or rather, the attitude toward the wife became disdainful, because of this the Temple was destroyed.
A Talmudic story tells of a carpenter and his apprentice; I cited it in the book of Shemot, but I will repeat it here. Once upon a time there was a carpenter who had an apprentice, perhaps a good and kind apprentice. And this carpenter had a beautiful wife. And the apprentice secretly wanted to win this wife, wanted, one could say, to steal her away from the carpenter. The time came, and the carpenter came to need money. The apprentice offered: “Let me lend you this money that you need. Send your wife to me tomorrow evening for the money, I will give her this money.” And the carpenter sent his wife to him to pick up the money, and meanwhile the apprentice locked her up at his place. Having waited for some time, the carpenter himself came to the apprentice and asked: “Have you not seen my wife? I sent her to you.” To which the apprentice said: “I gave her the money, I let her go, and I saw that some guys raped her.” Just imagine, stop and imagine this picture: the apprentice sees that some guys are pestering, harassing the wife of his teacher, simply a girl, and he just kept silent, and this is in the normal order of things. And the carpenter asked the apprentice: “What am I to do now with this wife, who became the victim of rape?” The apprentice said: “Drive her away!” The carpenter objected to this: “How can I drive her away? Under the ketuba I have a very large financial obligation. When I took her as my wife, I promised that if I send her away, I will have to give her a lot of money.” To which the apprentice said: “I will gladly lend you this sum too.” And the apprentice lent the carpenter more money so that the carpenter would divorce his wife, and this woman, the poor woman, had nowhere to go, and she married the apprentice. Time passed, and the apprentice said: “I gave you money through your wife, I gave you money for the ketuba. Where is the money?” The carpenter had no money. Then the apprentice said: “Well, come and serve me, you will wait on me.” And the carpenter began to wait on the apprentice, who was married to his wife; he served them tea, a towel, I don't know what else, and wept. And it is said that with these tears the sentence for the destruction of the Temple was signed.
The institution of the family is a very important institution. And divorce is not a trivial thing, and marrying a divorced woman is not a trivial thing, and marriage as a whole is not a trivial thing. At every stage one must think and take responsibility before the Most High. And before deciding something, before forbidding someone something, one must also take responsibility before the Most High. If we destroy a marriage which the Most High blesses, if we forbid someone to enter into a relationship which the Most High blesses, we may end up in a not very good position. Therefore it is important to pray a lot, to think a lot, before making a decision. It is important to try to preserve the family, to try to preserve the relationship, but to preserve dignity as well. And there is a whole string of various difficult questions that lie hidden behind this.
כִּי־יִקַּח אִישׁ אִשָּׁה חֲדָשָׁה לֹא יֵצֵא בַּצָּבָא וְלֹא־יַעֲבֹר עָלָיו לְכָל־דָּבָר נָקִי יִהְיֶה לְבֵיתוֹ שָׁנָה אֶחָת וְשִׂמַּח אֶת־אִשְׁתּוֹ אֲשֶׁר־לָקָח׃
ki-yikkách ish ishá chadashá lo yetzé battzavá velo-ya'avór aláv lechol-davár nakí yihyé levetó shaná echát vesimmách et-ishtó asher-lakách
5 If a man takes a new wife, then he shall not go out with the army, and nothing shall be laid upon him: clean shall he be for the house (he will devote himself exclusively to his house) in the first year, and he shall gladden the wife whom he has taken.
In the first year of family life a man does not devote himself to business, does not devote himself to war, does not go out anywhere, does not occupy himself with anything, he only gives his wife positive emotions, accustoms his wife to receiving positive emotions from him. He must cheer his wife and do everything so that his wife is joyful. One may make some plans, nurture some ideas, but remember that a woman is an emotional being. A woman is emotional, and she is more sensitive, therefore one must give her good feelings. For a whole year the husband must only gladden his wife. That is how a family is built. This is not an instruction of psychologists, this is an instruction of the Most High.
What do modern teachers say? Even if some second cousin from the faraway city of Tzfat, or from Armavir, or from Syktyvkar wants to come for a visit, you have to say: “No, the two of us are here, I am cheering my wife here, there is no place for you here.” And relatives try not even to spend the night at the newlyweds' place in the first year of their life, so as not to destroy this foundation of the family that is being built, this emotional unity, when the husband cheers the wife. Of course, all sorts of things happen. It happens that one has to live with the parents, and there can be various circumstances, but this is what the Torah says: in the first year the man is wholly devoted to his wife, he must cheer her. But she too, of course, must be focused on rejoicing in that with which her husband cheers her.
לֹא־יַחֲבֹל רֵחַיִם וָרָכֶב כִּי־נֶפֶשׁ הוּא חֹבֵל׃
lo-yachavól recháyim varáchev ki-néfesh hu chovél
6 A man shall not take as a pledge the upper or the lower millstone of a mill, because he is, as it were, taking life itself as a pledge (because this is a person's sustenance).
If there is a person who owes us some money and we want to get this money back, we want to protect ourselves, our property, then we cannot take away from the person his sustenance. Even though we have the right to protect ourselves, to get our money back, our rights are limited by respect for the person who owes us and for his right to sustenance. We cannot take as a pledge the tools with which he earns his living.
The Jewish “obliko morale”
Devarim 24:7–25:19
With God's help, we continue to study the weekly portion Ki Tetze, and we will read from verse 7 of chapter 24 of our book Devarim.
כִּי־יִמָּצֵא אִישׁ גֹּנֵב נֶפֶשׁ מֵאֶחָיו מִבְּנֵי יִשְׂרָאֵל וְהִתְעַמֶּר־בּוֹ וּמְכָרוֹ וּמֵת הַגַּנָּב הַהוּא וּבִעַרְתָּ הָרָע מִקִּרְבֶּךָ׃
ki-yimmatzé ish gonév néfesh me'echáv mibbené yisraél vehit'ammer-bó umcharó umét haggannáv hahú uvi'artá hará mikkirbécha
7 If a man is found who has stolen a soul (stolen another person) from his brothers, from the sons of Israel, and has abused him, and sells him (makes him a slave), this thief shall be put to death; destroy (burn out) the evil from your midst.
On the whole, a fairly understandable commandment. It is impossible to turn a free Jew, one to whom the Most High gave freedom, into a slave by means of theft; this is a betrayal of one's brothers.
הִשָּׁמֶר בְּנֶגַע־הַצָּרַעַת לִשְׁמֹר מְאֹד וְלַעֲשׂוֹת כְּכֹל אֲשֶׁר־יוֹרוּ אֶתְכֶם הַכֹּהֲנִים הַלְוִיִּם כַּאֲשֶׁר צִוִּיתִם תִּשְׁמְרוּ לַעֲשׂוֹת׃
hishamér benega-hattzara'át lishmór me'ód vela'asót kechól asher-yorú etchem hakkohaním halviyím ka'ashér tzivvitím tishmerú la'asót
8 Beware with regard to the affliction of tzara'at (leprosy), so as to observe very carefully and to do everything as the kohanim and Levites will instruct you; as they have been commanded, so observe.
A person who is afflicted with tzara'at, a person who is guarding against tzara'at, must observe safety regulations (one could put it that way), listen to the instructions of the kohanim and Levites, so as not to suffer from this disease. And this happens to the most righteous and worthy people.
זָכוֹר אֵת אֲשֶׁר־עָשָׂה יְהוָה אֱלֹהֶיךָ לְמִרְיָם בַּדֶּרֶךְ בְּצֵאתְכֶם מִמִּצְרָיִם׃
zachór et asher-asá adonáy elohécha lemiryám baddérech betzetechém mimmitzráyim
9 Remember what the LORD, your God, did to Miryam on the way of your going out from Egypt.
Miryam was struck with leprosy after she criticized Moshe (apparently, unjustly).
Verse 10 already speaks about a different topic.
כִּי־תַשֶּׁה בְרֵעֲךָ מַשַּׁאת מְאוּמָה לֹא־תָבֹא אֶל־בֵּיתוֹ לַעֲבֹט עֲבֹטוֹ׃
ki-tashé vere'achá mashát me'úma lo-tavó el-betó la'avót avotó
10 If you have some debt claim against your neighbor, do not go into his house to take a pledge from him for his debt.
You lent your neighbor some sum, and he does not pay you back, cannot return it, turns out his pockets and says: “Well, I don't have it, I can't pay you back.” You cannot go into the house and say: “Abram, now I will search your place for something that I will take from you as a pledge, so that you return the debt to me.” This is a disgrace for the person, a disgrace before his family as well and, possibly, a trauma for his children, if some stranger enters the house and takes something away. And even if the person owes you, and even if he cannot give it back, Yeshua says (Gospel of Luke 6:30): “…from the one who has taken what is yours, do not demand it back.” Here the Torah sets the bar lower: “Just do not go into his house, respect him.”
בַּחוּץ תַּעֲמֹד וְהָאִישׁ אֲשֶׁר אַתָּה נֹשֶׁה בוֹ יוֹצִיא אֵלֶיךָ אֶת־הַעֲבוֹט הַחוּצָה׃
bachútz ta'amód veha'ísh ashér attá noshé vo yotzí elécha et-ha'avót hachútza
11 Stand outside, and the man against whom you have a debt claim will bring out to you outside that which he gives as a pledge.
וְאִם־אִישׁ עָנִי הוּא לֹא תִשְׁכַּב בַּעֲבֹטוֹ׃
ve'im-ísh aní hu lo tishkáv ba'avotó
12 And if this is a poor man, do not lie down to sleep with his pledge (return it to him in the evening).
A poor man has very little property, perhaps only clothing. What can you take from him – a cloak, a blanket, a sleeping bag? If you did take it after all, return it to him in the evening.
הָשֵׁב תָּשִׁיב לוֹ אֶת־הַעֲבוֹט כְּבֹא הַשֶּׁמֶשׁ וְשָׁכַב בְּשַׂלְמָתוֹ וּבֵרֲכֶךָּ וּלְךָ תִּהְיֶה צְדָקָה לִפְנֵי יְהוָה אֱלֹהֶיךָ׃
hashév tashív lo et-ha'avót kevó hashémesh veshacháv besalmató uverechékka ulchá tihyé tzedaká lifné adonáy elohécha
13 Return the pledge to him when the sun goes down, and let him sleep in his own garment, and he will bless you, and it will be righteousness for you before the LORD, your God.
If you took as a pledge pajamas, a nightshirt, some underwear in which the person sleeps, then return it to him in the evening, let him sleep peacefully. And do not worry that in this way he will be paying back his debt to you forever. If you treat with respect the person who owes you, he will bless you, and this will be credited to you as righteousness before the Most High. One can pray well for finances – it is good when I pray that I may have money. It is even better when others pray with all their heart that God may bless me, that I may have finances, that I may have health. Make it so that your health, your finances are needed not only by you, but also so that someone else would want your wealth, your health, your eloquence, your finances to be needed by someone else as well.
One might think, reading this today: well, what is clothing? Why does a person have only one garment? We see among Roman slaves and among Greek slaves clothing that covers only one shoulder. Why is that? What makes it convenient? That on the second shoulder a person can haul things that will not damage the clothing, that is, a person's skin was cheaper than his clothing. If you need to haul a log or a jug, you have to put it on the shoulder on which there is no cloak. This says a little about the price of clothing, about how reverently people treated clothing.
לֹא־תַעֲשֹׁק שָׂכִיר עָנִי וְאֶבְיוֹן מֵאַחֶיךָ אוֹ מִגֵּרְךָ אֲשֶׁר בְּאַרְצְךָ בִּשְׁעָרֶיךָ׃
lo-ta'ashók sachír aní ve'evyón me'achécha o miggerechá ashér be'artzechá bish'arécha
14 Do not oppress (do not cheat) a hired man, poor and needy, of your brothers or of the strangers who are in your land, in your gates.
There are people in many countries, and it is so to this day, who live by day labor: every day they hire themselves out for work, at the end of the evening they receive their pay and live on it. It often happens that such people are simply not paid the money; this is a very widespread phenomenon. Or it happens that they are paid less than is due, they are made to work more hours, taking advantage of their destitute situation. There are very many such situations in modern history too. I think many know, have come across this (if they have not experienced it themselves). And the Torah categorically forbids cheating a hired worker or exploiting his dire situation.
בְּיוֹמוֹ תִתֵּן שְׂכָרוֹ וְלֹא־תָבוֹא עָלָיו הַשֶּׁמֶשׁ כִּי עָנִי הוּא וְאֵלָיו הוּא נֹשֵׂא אֶת־נַפְשׁוֹ וְלֹא־יִקְרָא עָלֶיךָ אֶל־יְהוָה וְהָיָה בְךָ חֵטְא׃
beyomó tittén secharó velo-tavó aláv hashémesh ki aní hu ve'eláv hu nosé et-nafshó velo-yikrá alécha el-adonáy vehayá vechá chet
15 On that same day give him his wages, and let the sun not go down on it, because he is poor and only waits to receive his pay (he lives through the day for the sake of this), lest he cry out about you to the LORD, and there will be sin upon you.
Just as a person can thank the Most High and say: “Glory to the Most High for Chaim! Glory to the Most High for Oleg! Glory to the Most High for Kostya!”, in just the same way a person can also do the opposite, cry out against Aristarchus, against Sosipater, against Theophilus: “They are ripping me off, they are wronging me!” And there will be sin on these people, there will be very great harm for your life. It is not only important what you pray about, it is important what the people around you pray about.
לֹא־יוּמְתוּ אָבוֹת עַל־בָּנִים וּבָנִים לֹא־יוּמְתוּ עַל־אָבוֹת אִישׁ בְּחֶטְאוֹ יוּמָתוּ׃
lo-yumetú avót al-baním uvaním lo-yumetú al-avót ish bechet'ó yumátu
16 A father is not put to death for the sins of a son, and a son is not put to death for the sins of a father – each one dies for his own sins.
Also a fairly clear commandment. This concerns capital punishment. Sometimes, when it comes to some financial matters, a son may pay for his father, and it happens that a father pays for his son as well. We will not go into this now.
לֹא תַטֶּה מִשְׁפַּט גֵּר יָתוֹם וְלֹא תַחֲבֹל בֶּגֶד אַלְמָנָה׃
lo tatté mishpát ger yatóm veló tachavól béged almaná
17 Do not pervert the judgment of the stranger and the orphan, and do not take the garment of a widow as a pledge.
People who have found themselves in a difficult social situation are very vulnerable (which, in fact, follows from their difficult social situation). This must in no way show itself in court. On the contrary, in court much is determined by justice and mercy toward the stranger, the orphan and the widow. We see this a great deal in the prophets too.
וְזָכַרְתָּ כִּי עֶבֶד הָיִיתָ בְּמִצְרַיִם וַיִּפְדְּךָ יְהוָה אֱלֹהֶיךָ מִשָּׁם עַל־כֵּן אָנֹכִי מְצַוְּךָ לַעֲשׂוֹת אֶת־הַדָּבָר הַזֶּה׃
vezachartá ki éved hayíta bemitzráyim vayifdechá adonáy elohécha mishám al-kén anochí metzavvécha la'asót et-haddavár hazzé
18 Remember that you were a slave in Egypt, and the LORD, your God, redeemed you from there; therefore I command you to do this (to act so).
כִּי תִקְצֹר קְצִירְךָ בְשָׂדֶךָ וְשָׁכַחְתָּ עֹמֶר בַּשָּׂדֶה לֹא תָשׁוּב לְקַחְתּוֹ לַגֵּר לַיָּתוֹם וְלָאַלְמָנָה יִהְיֶה לְמַעַן יְבָרֶכְךָ יְהוָה אֱלֹהֶיךָ בְּכֹל מַעֲשֵׂה יָדֶיךָ׃
ki tiktzór ketzirechá vesadécha veshachachtá ómer bassadé lo tashúv lekachtó laggér layatóm vela'almaná yihyé lemá'an yevarechécha adonáy elohécha bechól ma'asé yadécha
19 If you reap your harvest in the field and forget a sheaf there, do not go back to take it: it shall be for the stranger, the orphan or the widow, so that the LORD, your God, may bless you in all the works of your hands.
How these laws work, we will see later in the book of Rut. Rut went about, gathering ears of grain, gathering what had been forgotten, and Bo'az even put his workers up to it: “Here do not gather very diligently, here leave a sheaf,” so as to help Rut somehow.
כִּי תַחְבֹּט זֵיתְךָ לֹא תְפָאֵר אַחֲרֶיךָ לַגֵּר לַיָּתוֹם וְלָאַלְמָנָה יִהְיֶה׃
ki tachbót zetechá lo tefa'ér acharécha laggér layatóm vela'almaná yihyé
20 If you beat your olive tree (gather the harvest from the olive tree), do not go over it a second time (do not search for what you did not find at once): it shall be for the orphan, the stranger and the widow.
It will be for all the poor in general, and it concerns, of course, not only the olive tree: it concerns all fruit trees, it is a law with regard to fruit trees. It is customary to leave something on fruit trees for the poor, for needy people. Perhaps this is the explanation of the story that happened with the fig tree. Why did Yeshua curse the fig tree? The owner of the fig tree was supposed to leave figs (after all, the new figs had not yet appeared). They do not fall from the branches, because there it is a matter of a special variety of figs which are, as it were, part of the branch; the ripened fruits do not drop off. The owner was supposed to leave a part for poor people, for those who are in need, who are hungry. But since the owner did not leave it, then, by cursing the tree itself, Yeshua deprives the man of income. A fruit tree is part of his income, perhaps even the greater part. And if he does not act according to the law, a curse may fall on this tree, he may lose his income, and the fig tree will not bear fruit anymore. This is one of the possible explanations of the non-observance of this commandment. Because in verse 19 it was said: “If you do so, God will bless you.” And we read earlier that if one does not do it, then there will be something opposite to blessing.
The same also with grapes:
כִּי תִבְצֹר כַּרְמְךָ לֹא תְעוֹלֵל אַחֲרֶיךָ לַגֵּר לַיָּתוֹם וְלָאַלְמָנָה יִהְיֶה׃
ki tivtzór karmechá lo te'olél acharécha laggér layatóm vela'almaná yihyé
21 If you gather in your vineyard, do not go over it after yourself (do not do it too diligently): let it be for the stranger, the widow and the orphan.
וְזָכַרְתָּ כִּי־עֶבֶד הָיִיתָ בְּאֶרֶץ מִצְרָיִם עַל־כֵּן אָנֹכִי מְצַוְּךָ לַעֲשׂוֹת אֶת־הַדָּבָר הַזֶּה׃
vezachartá ki-éved hayíta be'éretz mitzráyim al-kén anochí metzavvechá la'asót et-haddavár hazzé
22 Remember that you were a slave in the land of Egypt, and therefore I command you to do this.
Here chapter 24 ends, and we will continue reading from verse 1 of chapter 25.
כִּי־יִהְיֶה רִיב בֵּין אֲנָשִׁים וְנִגְּשׁוּ אֶל־הַמִּשְׁפָּט וּשְׁפָטוּם וְהִצְדִּיקוּ אֶת־הַצַּדִּיק וְהִרְשִׁיעוּ אֶת־הָרָשָׁע׃
ki-yihyé riv ben anashím veniggeshú el-hammishpát ushfatúm vehitzdíku et-hattzaddík vehirshí'u et-harashá
1 If there is some dispute between people, then they will approach the judge (come to court), and the trial took place, and they acquitted the one who is right and condemned the guilty one.
וְהָיָה אִם־בִּן הַכּוֹת הָרָשָׁע וְהִפִּילוֹ הַשֹּׁפֵט וְהִכָּהוּ לְפָנָיו כְּדֵי רִשְׁעָתוֹ בְּמִסְפָּר׃
vehayá im-bín hakkót harashá vehippiló hashofét vehikkáhu lefanáv kedé rish'ató bemispár
2 If the wicked man is sentenced to blows with a stick, the judge will bend him down, and they will beat him according to the charge against him.
אַרְבָּעִים יַכֶּנּוּ לֹא יֹסִיף פֶּן־יֹסִיף לְהַכֹּתוֹ עַל־אֵלֶּה מַכָּה רַבָּה וְנִקְלָה אָחִיךָ לְעֵינֶיךָ׃
arba'ím yakkénu lo yosíf pen-yosíf lehakkotó al-élle makká rabbá veniklá achícha le'enécha
3 Forty they will beat, and he shall not add to this, because if he adds to this, it will already be a disgrace for your brother.
You punish him, but you do not disgrace him; and if they beat him beyond forty, if even one blow is above this, then it is a disgrace. If you remember, Sha'ul wrote about this (2 Cor. 11:24): “…forty minus one I received,” that is, bemispár arba'ím – to the number “forty,” up to forty they beat, that is, thirty-nine.
Tradition says that they beat with a whip made of calf hide and donkey hide. The first thirteen blows were delivered in front, then thirteen blows from behind on the right shoulder and thirteen blows on the left shoulder. That is how the thirty-nine blows were divided, so that the person would somehow also survive after this, because our goal is not to cause pain, but to correct the person.
לֹא־תַחְסֹם שׁוֹר בְּדִישׁוֹ׃
lo-tachsóm shor bedishó
4 Do not shut the mouth (do not put a muzzle) on an ox when it is at the threshing.
The same verse that Sha'ul cites with regard to ministers (1 Cor. 9:9). And we spoke earlier about the fact that the one who works in a vineyard or in a field may eat from the place where he works; this is what is being spoken of here. And, of course, the ox is only an example; it is not for oxen that the LORD cares.
In verse 5 a new topic begins:
כִּי־יֵשְׁבוּ אַחִים יַחְדָּו וּמֵת אַחַד מֵהֶם וּבֵן אֵין־לוֹ לֹא־תִהְיֶה אֵשֶׁת־הַמֵּת הַחוּצָה לְאִישׁ זָר יְבָמָהּ יָבֹא עָלֶיהָ וּלְקָחָהּ לוֹ לְאִשָּׁה וְיִבְּמָהּ׃
ki-yeshevú achím yachdáv umét achád mehém uvén en-ló lo-tihyé eshet-hammét hachútza le'ísh zar yevamá yavó aléha ulkachá lo le'ishá veyibbemá
5 If brothers live together, and one of them dies, and no son remained to him, then the wife of the deceased shall not be given in marriage into another family, to a stranger (shall not go outside): the husband's brother (the brother-in-law) shall come, go in to her and take her as a wife
An important detail is that this is about brothers who live together on one land allotment, on one estate. Such a marriage is called levirate. Why is this needed? So that the deceased brother would not be deprived of his inheritance, so that one more branch of the family would remain a branch of the family.
וְהָיָה הַבְּכוֹר אֲשֶׁר תֵּלֵד יָקוּם עַל־שֵׁם אָחִיו הַמֵּת וְלֹא־יִמָּחֶה שְׁמוֹ מִיִּשְׂרָאֵל׃
vehayá habbechór ashér teléd yakúm al-shém achív hammét velo-yimmaché shemó miyisraél
6 And it shall be, the firstborn who is born of such a marriage shall be counted the firstborn of the deceased brother, and his name shall not be erased from Israel.
That is, the child will be not simply a son, but a firstborn; he will also receive a double share of the inheritance. The other brother restored offspring to the deceased brother, offspring who will possibly receive an inheritance and deprive his own children of part of the inheritance. If the deceased brother had not had children, the land would have had to be divided into a smaller number of parts. But here a firstborn is born who receives a double share. Therefore the commandment of levirate marriage is not such a simple commandment.
In the Russian language there is a word for estate (allotment) which is also connected with the word for name. Every person has a name, and he wants to have a share on the earth. In the times of the giving of the Torah, very much attention was paid to this. And here the Torah takes care that, if one brother died and did not leave children after him, the other brothers would restore his name.
Today there are difficulties with fulfilling this commandment. Rabbis, teachers recommend refraining from it. First, the land laws have changed a little. Second, one had to go in to the brother's wife not with some desire, not with some lust, not to satisfy one's own wish, as a man goes in to his own wife. One had to go in to the brother's wife in fulfillment of the commandment, and with us, as the sages say, this does not work out. It is hard for a person to detach himself from a woman's attractiveness, from attraction to a woman, and to go in so as to fulfill the commandment, to enter into the role of his brother. It does not work out, and, so as not to put a person in such a situation, today the ceremony of “taking off the shoe,” or chalitzá, is performed, from the word lachlótz – to unshoe, to take off a shoe, a boot. This ceremony, when a man does not take his brother's widow as a wife, is described right here, in our portion. Something, by the way, that very much worried a certain Swedish boy, widely known in Russia: “Mom, listen... So my brother will grow up – well, get married... well, die. And then will I have to marry his old wife?” – “Why? Well, but still?” – “I already wear his old pajamas, skates, bicycle as hand-me-downs... Everything else I get handed down...”
Here it is perhaps time to refute one of the very widespread myths about Orthodox Jews. There is a tale that Orthodox Jews sleep with their wives through a hole in a sheet. They cover the wife with a sheet, make openings in the appropriate places and in this way go in to their wives. This story has taken such hold that I have heard it even from tour guides who lead tours into the religious neighborhoods. But there one can also see a tallit drying, and it looks like a sheet with some kind of hole, if you know nothing about anything. Nevertheless, this is a tale for which there is no basis: according to Jewish law, husband and wife sleep without any barrier, and according to Kabbalah, even completely naked.
But there was such a story (it is told in the Jerusalem Talmud) about a man whose name was Rabbi Yosi ben Chalafta. And Rabbi Yosi ben Chalafta lost his brother, his brother's wife was widowed, and he entered into a levirate marriage with her and begot five children for his brother. Five times he went in to his brother's wife and each time did it through a sheet, somehow protecting himself from sinful desires. And from here, through a heap of hands, through a heap of mouths, through a heap of distortions, the myth was born that the Orthodox (“dosim,” “datiim,” “charedim”) live with their wives through a sheet.
וְאִם־לֹא יַחְפֹּץ הָאִישׁ לָקַחַת אֶת־יְבִמְתּוֹ וְעָלְתָה יְבִמְתּוֹ הַשַּׁעְרָה אֶל־הַזְּקֵנִים וְאָמְרָה מֵאֵין יְבָמִי לְהָקִים לְאָחִיו שֵׁם בְּיִשְׂרָאֵל לֹא אָבָה יַבְּמִי׃
ve'im-ló yachpótz ha'ísh lakáchat et-yevimtó ve'aletá yevimtó hashá'ra el-hazzekením ve'amerá me'én yevamí lehakím le'achív shem beyisraél lo avá yabbemí
7 And if the man does not want (as we said about the Swedish boy, so it can happen with a Jew as well) to take his brother's widow as a wife, this widow shall go to the gate of the city, to the elders, and say: “My levirate bridegroom refuses to restore a name to his brother in Israel and does not want to take me as a levirate wife!”
וְקָרְאוּ־לוֹ זִקְנֵי־עִירוֹ וְדִבְּרוּ אֵלָיו וְעָמַד וְאָמַר לֹא חָפַצְתִּי לְקַחְתָּהּ׃
vekare'u-ló zikne-iró vedibberú eláv ve'amád ve'amár lo chafátzti lekachtá
8 And the elders of his city shall call him and speak with him. And if he confirmed it to them and said (stood his ground): “I do not want to take her,”
וְנִגְּשָׁה יְבִמְתּוֹ אֵלָיו לְעֵינֵי הַזְּקֵנִים וְחָלְצָה נַעֲלוֹ מֵעַל רַגְלוֹ וְיָרְקָה בְּפָנָיו וְעָנְתָה וְאָמְרָה כָּכָה יֵעָשֶׂה לָאִישׁ אֲשֶׁר לֹא־יִבְנֶה אֶת־בֵּית אָחִיו׃
veniggeshá yevimtó eláv le'ené hazzekením vechaletzá na'aló me'ál ragló veyareká befanáv ve'anetá ve'amerá kácha ye'asé la'ísh ashér lo-yivné et-bét achív
9 Then his brother's widow shall approach him before the elders, take off his shoe (this is a kind of disgrace), and spit before him, and answer and say: “So it is done to the man who does not build up a house for his brother!”
Some commentators say, and it can also be understood this way: she will spit in his face. In the modern performance, when we see this in practice, then she spat before him. The word befanáv can be understood both as before him, and as in his face.
וְנִקְרָא שְׁמוֹ בְּיִשְׂרָאֵל בֵּית חֲלוּץ הַנָּעַל׃
venikrá shemó beyisraél bet chalútz hanná'al
10 And his name shall be called in Israel – the house of the unshod one.
That is, in essence, the man is disgraced, a nickname will stick to him – the man with the removed shoe, he will get such a reputation. Well, a person may have reasons for which he nevertheless refuses to take his brother's wife. Life is a complicated thing.
In verse 11 there is again a different topic.
כִּי־יִנָּצוּ אֲנָשִׁים יַחְדָּו אִישׁ וְאָחִיו וְקָרְבָה אֵשֶׁת הָאֶחָד לְהַצִּיל אֶת־אִישָּׁהּ מִיַּד מַכֵּהוּ וְשָׁלְחָה יָדָהּ וְהֶחֱזִיקָה בִּמְבֻשָׁיו׃
ki-yinnatzú anashím yachdáv ish ve'achív vekarevá éshet ha'echád lehattzíl et-ishá miyád makkéhu veshalechá yadá vehechezíka bimevusháv
11 If two men fight, and the wife of one of them goes to save her husband from the hand of the one striking him, and stretched out her hand, and took him by the shameful parts,
Oh, what a familiar situation! The verb lehinatzot (to fight) has the same root cell, nun-tzadi, as the word netz (hawk), that is, they will, so to speak, peck at each other, fight chest to chest. A place by which it is not customary to take hold of a man, and besides very painful; this is not just a kind of painful hold, it is also an insult.
וְקַצֹּתָה אֶת־כַּפָּהּ לֹא תָחוֹס עֵינֶךָ׃
vekattzotá et-kappá lo tachós enécha
12 Cut off her palm and do not pity her with your eyes.
The commentators say: “As in the case of the expression a tooth for a tooth, an eye for an eye (there too it is written: do not pity), it is about monetary compensation. Here too a person receives monetary compensation for having been offended, for having been insulted.” From this we can conclude that monetary compensation is given not only for some real injuries, but also, let us say, for some insult that has been inflicted, for some emotional traumas. Practically all the commentators agree that this phrase should not be understood literally.
לֹא־יִהְיֶה לְךָ בְּכִיסְךָ אֶבֶן וָאָבֶן גְּדוֹלָה וּקְטַנָּה׃
lo-yihyé lechá bechisechá éven va'áven gedolá uktanná
13 You shall not have in your pocket two different weights (stones) – a big one and a small one.
If you are buying, you take the big weight; if you are selling, the small one, or the other way around, depending on who is doing the weighing.
לֹא־יִהְיֶה לְךָ בְּבֵיתְךָ אֵיפָה וְאֵיפָה גְּדוֹלָה וּקְטַנָּה׃
lo-yihyé lechá bevetechá efá ve'efá gedolá uktanná
14 Let there not be in your house two different efas – a big one and a small one.
Efa is a fairly large measure used for dry goods, that is, a large jar or a small bucket with which dry goods are measured when buying and selling. And the Torah forbids a person to have at home, for the purpose of deceit, two different efas – a big one and a small one. Again, in exactly the same way: do not get yourself two different measures. In modern Hebrew the expression efa ve'efa (an exact quote – measure and measure) has remained, which denotes a situation where in one place one measure is applied, and in another place another, and this is distorted justice. That is how people speak about distorted justice, about hypocrisy, about partiality – efa ve'efa.
אֶבֶן שְׁלֵמָה וָצֶדֶק יִהְיֶה־לָּךְ אֵיפָה שְׁלֵמָה וָצֶדֶק יִהְיֶה־לָּךְ לְמַעַן יַאֲרִיכוּ יָמֶיךָ עַל הָאֲדָמָה אֲשֶׁר־יְהוָה אֱלֹהֶיךָ נֹתֵן לָךְ׃
éven shelemá vatzédek yihye-lách efá shelemá vatzédek yihye-lách lemá'an ya'aríchu yamécha al ha'adamá asher-adonáy elohécha notén lach
15 Let there be with you a whole and true stone, a whole and true efa shall be with you, so that your days may be prolonged on the land which the LORD, your God, gives you.
By the stone is meant a weight, that which is used for weighing. We see again that with justice, with the justice of the court, with lack of bias, with impartiality, a person's days on the land are prolonged, and the days of the people's dwelling in the land of Israel.
כִּי תוֹעֲבַת יְהוָה אֱלֹהֶיךָ כָּל־עֹשֵׂה אֵלֶּה כֹּל עֹשֵׂה עָוֶל׃
ki to'avát adonáy elohécha kol-óse élle kol óse ável
16 Because an abomination in the eyes of the LORD, your God, is everyone who does this, because he brings grief.
Unjustly causing grief to a person who has been short-weighted, short-measured, deceived, shortchanged – this is an abomination before the LORD.
זָכוֹר אֵת אֲשֶׁר־עָשָׂה לְךָ עֲמָלֵק בַּדֶּרֶךְ בְּצֵאתְכֶם מִמִּצְרָיִם׃
zachór et asher-asá lechá amalék baddérech betzetechém mimmitzráyim
17 Remember what Amalek did to you on the way, when you were going out from Egypt,
אֲשֶׁר קָרְךָ בַּדֶּרֶךְ וַיְזַנֵּב בְּךָ כָּל־הַנֶּחֱשָׁלִים אַחַרֶיךָ וְאַתָּה עָיֵף וְיָגֵעַ וְלֹא יָרֵא אֱלֹהִים׃
ashér karechá baddérech vayzannév bechá kol-hannecheshalím acharécha ve'attá ayéf veyagé'a veló yaré elohím
18 Who ran into you on the way and attacked you from behind, all your weak ones he attacked, and you at that time were tired and weary, and he did not fear God.
There were peoples who waged war with Israel, and the exodus from Egypt was accompanied by many wars and many conflicts. But Amalek was not part of the geopolitical map of the exodus from Egypt; at first he existed far away. And he came from far away in order to attack, came specifically to attack, having no interests whatsoever, and attacked from behind. And, most importantly, he was, let us put it this way, the firstborn of those who attack Israel. Over this time (much time has passed) there were peoples who drove us out, beat us, destroyed us. Compared with Rome, Spain and Germany, Amalek roughed us up next to nothing. Why is it Amalek in particular that we remember? Because he is the first who attacked us, he was the first to show everyone that it is possible.
Rashi gives as an example a boiling mikva, some place where people must wash themselves. And the water there is very hot, so hot that no one dares to immerse himself there. And then some lively guy jumps in, and everyone looks: ah, so it can be done! So too Amalek – he did not fear God, attacked, and thereby as it were opened the hunting season on Israel. If with regard to some peoples we expect that the Most High will correct them, then with regard to Amalek the Most High commands us his complete destruction.
וְהָיָה בְּהָנִיחַ יְהוָה אֱלֹהֶיךָ לְךָ מִכָּל־אֹיְבֶיךָ מִסָּבִיב בָּאָרֶץ אֲשֶׁר יְהוָה־אֱלֹהֶיךָ נֹתֵן לְךָ נַחֲלָה לְרִשְׁתָּהּ תִּמְחֶה אֶת־זֵכֶר עֲמָלֵק מִתַּחַת הַשָּׁמָיִם לֹא תִּשְׁכָּח׃
vehayá behaníach adonáy elohécha lechá mikkol-oyevécha missavív ba'áretz asher-adonáy elohécha notén lechá nachalá lerishtá timché et-zécher amalék mittáchat hashamáyim lo tishkách
19 And it shall be, when the LORD, your God, gives you rest from all your enemies around the land which the LORD, your God, gave you as an inheritance for your allotment, then erase the memory of him from under the heavens, do not forget!
Since Amalek attacked you first, leave him for last, when the LORD lets you defeat all your enemies, when all the other peoples are defeated, after the final victory. On the one hand – erase the memory, and on the other hand – do not forget. Do not forget that there is also a distant enemy. When it seems to you that you live in goodness and rest, and there is peace around you, and all the countries either pay you tribute or simply trade with you, tourists come, everything is orderly, peaceful, full of grace, then do not forget how once Amalek came from far away and attacked. Somewhere out there there is still Amalek, with whom you need to settle accounts, whose memory you need to erase from under the heavens. Do not forget about this as you sink into peace, rest and prosperity; do not forget that in the world there may be something that is not subject to correction at all.
Ki Tetze: continue the study
Read also the portion Shoftim, the portion Kedoshim on holiness and the neighbor, the book of commentaries on Devarim and the weekly portions of the Torah.