IF ONE BE FOUND SLAIN. As Scripture mentions the war against enemies,¹ it goes on to say what the law is if one fights against his fellow² and a corpse is found in the land of Israel, and the one who slew him is unknown.³

footnotes: ¹ In the previous chapter. ² And kills him. ³ In other words, the previous chapter deals with war against enemies. Our chapter deals with conflict between Israelites.

THY ELDERS. The elders and judges of the cities that are close to the body.

A HEIFER OF THE HERD, WHICH HATH NOT BEEN WROUGHT WITH. Never used for plowing.⁴ (which hath not been wrought with). I.E. interprets ubbad as referring to plowing, for Scripture later uses a word from this root in the sense of ploughed. Compare, lo ye’aved bo (which may neither be plowed) (v. 4).

footnotes: ⁴ The heifer was not tied to a plow. The Hebrew reads lo ubbad bah

AND WHICH HATH NOT DRAWN IN THE YOKE. To bring stones, as is the practice with heifers.⁵

footnotes: ⁵ They are used for pulling wagons.

ROUGH. The word etan (rough) means mighty.

AND SHALL BREAK…THE NECK. Ve-arefu (and they shall break) means they shall remove the back of the neck of the heifer.⁶ means back of the neck. Ve-arefu literally means they shall neck it. Hence I.E.’s interpretation.

footnotes: ⁶ That is, they shall decapitate it. Oref

AND THE PRIESTS THE SONS OF LEVI SHALL COME NEAR. The priests (kohanim) who are clearly of the sons of Levi.⁷ who are not descended from the tribe of Levi. See I.E. on Deut. 17:9.

footnotes: ⁷ There are some who are called kohanim

AND ACCORDING TO THEIR WORD SHALL…BE. The punishment for every controversy and every stroke.⁸

footnotes: ⁸ Wound. See I.E. on Deut. 17:8.

AND ALL THE ELDERS OF THAT CITY. The elders referred to in then thy elders…shall come forth (v. 2).

[SHED.] The heh in shafekhu (shed) indicates the plural.⁹ is usually used to indicate the third person plural perfect. In our verse a heh is used in place of the vav. It is like the heh in shafekhu ashurai (my steps slipped) (Ps. 73:2).¹⁰ is spelled with a heh in place of a vav. However, interpreting it midrashically, the heh refers to each one of the hands, for the word yad (hand) is in most cases feminine.¹¹ is the third person perfect feminine. In this case our verse reads: yadenu shafekhah (our hands it has spilled). According to I.E. a combination of the plural with the singular refers to each one of the plural. See I.E. on Gen. 49:22 (Vol. 1, p. 441).

footnotes: ⁹ A vav ¹⁰ Here too the word shafekhu ¹¹ If we ignore the vowels, then our word reads shafekhah. Shafekhah

NEITHER HAVE OUR EYES SEEN IT. It is possible that God commanded the city closest to the slain to perform this¹² because if the city had not committed a similar deed, then the murder of a person near their city would not have occurred. God’s thoughts are deep and infinitely beyond our comprehension.¹³

footnotes: ¹² Ritual. ¹³ Hence it is very difficult to understand the details of the ritual which they must perform.

AND THEY SHALL SPEAK AND SAY. Ve-anu ve-ameru (and they shall speak and say) is similar to ve-anita ve-amarta (and thou shalt speak and say) (Deut. 26:5). I will explain it there.¹⁴

footnotes: ¹⁴ See I.E. on Deut. 26:5.

FORGIVE, O LORD, THY PEOPLE. Who erred and did not guard the dangerous roads.¹⁵

footnotes: ¹⁵ And are thus indirectly responsible for the death.

SHALL BE FORGIVEN. A tav has been omitted in the word ve-nikapper¹⁶. (shall be forgiven). It is similar to the word venivasseru¹⁷. (may be taught) in that all women may be taught (Ezek. 23:48). They¹⁸ and ve-nivasseru. are a combination of two forms, the nifal and the hitpa’el.

footnotes: ¹⁶ The word should have read ve-nitkapper ¹⁷ The word should have read ue-nitvassseru ¹⁸ Ve-nikapper

Scripture mentions whom thou hast redeemed¹⁹ to indicate that as You redeemed Israel from Egypt as a manifestation of Your great mercies, similarly redeem them from this blood and the punishment for its shedding.

footnotes: ¹⁹ The question is, why add this appellation to Israel? The Bible does not usually describe Israel in this manner.

SO SHALT THOU PUT AWAY THE INNOCENT BLOOD. The meaning of the innocent blood is, the punishment for the shedding of the innocent blood.²⁰ (ha-dam hanaki) from the midst of thee. The question arises, “What does this clause mean?” The innocent blood has already been shed, i.e., put away. Hence I.E. points out that ha-dam ha-naki is short for onesh ha-dam ha-naki (the punishment for the innocent blood), and our verse teaches that by performing this ritual you remove from your midst the punishment for the shedding of innocent blood. See Meijler. On the other hand, the word ha-dam ha-naki (the innocent blood) is short for ha-dam, dam ha-naki (the blood, the innocent blood).²¹, the spiller of innocent blood. That is, if after the ritual is performed the murderer is discovered, you shall put away the shedder of blood, of innocent blood. Some say that the meaning of so shalt thou put away the innocent blood is, you must eradicate the shedding of blood. However, in my opinion, and I have mentioned this before, it means no innocent blood will be shed in your land if you do what is right in the eyes of God. The latter is in keeping with the secret that the reward of sin is sin, and the reward of a commandment is the commandment.²² 2:1. If innocent blood was shed near the city it was because the people of the city committed a similar crime. Thus the wages of sin is more sin.

footnotes: ²⁰ Our verse reads, So shalt thou put away the innocent blood ²¹ According to Meijler our verse is interpreted as if written shofekh hadam, dam ha-naki ²² Avot

WHEN THOU GOEST FORTH TO BATTLE. This section is connected with When thou shalt besiege a city (Deut. 20:19).²³ The section dealing with the decapitated heifer²⁴ was inserted between them because it deals with a slain person found in the Land of Israel.²⁵ This law does not apply outside of the Land of Israel²⁶. and certainly not in time of war.²⁷

footnotes: ²³ Both deal with war. ²⁴ Verses 1-9. ²⁵ When one goes to war he encounters slain people. There is thus a thematic connection between the sections. ²⁶ For verse 1 explicitly states, in the land which the Lord thy God giveth thee ²⁷ In the Land of Israel. Thus Scripture contrasts the law regarding finding a slain person in time of peace and finding one in time of war.

A WOMAN. The rabbis have already explained this.²⁸ on this verse.

footnotes: ²⁸ The rabbis tell us that the law also applies to married women. See Sifre

OF GOODLY FORM. In his own eyes.²⁹ on this verse.

footnotes: ²⁹ In other words, the law applies even in cases where most people would consider the captive woman unattractive. See Sifre

AND THOU HAST A DESIRE UNTO HER. You will desire to take her for a wife,³⁰). “Wouldest take her to thee for a woman” might mean that the Israelite merely wants to have sex with her. Hence I.E.’s comment that the intention is to marry her. for after this Scripture states, and be her husband. So I took her to be my wife (le-ishah) (Gen. 12:19) is similar.³¹

footnotes: ³⁰ Our verse literally reads: and thou hast a desire unto her, and wouldest take her to thee for a woman (le-ishah ³¹ That I took her to be my woman means I took her to be my wife.

THEN THOU SHALT BRING HER HOME TO THY HOUSE; AND SHE SHALL SHAVE HER HEAD. Some say that she shaves her head as he may have desired her because of her hair.

PARE. Ve-asetah et tzipparneha (and pare her nails) means she shall let her nails grow long so that she will appear disgusting in his eyes.

AND SHE SHALL PUT THE RAIMENT OF HER CAPTIVITY FROM OFF HER. For he may have desired her because of her beautiful garments.

AND BEWAIL. So that he is no longer happy with her.³²

footnotes: ³² So that he no longer enjoys her company, for she is morose.

A FULL MONTH. Perhaps his desire will cool. Others say:³³ SHE SHALL SHAVE HER HEAD. Because she is unclean.³⁴ The law regarding the leper is similar.³⁵

footnotes: ³³ What follows is an alternate interpretation of verses 12 and 13. It may be a later insertion into the commentary by I.E., for he repeats the verse. It should be noted that a similar phenomenon appears at the end of his comments on Ex. 20:14 and in his comments on Ex. 34:6. ³⁴ Ritually unclean. ³⁵ The leper shaves his head when undergoing purification. See Lev. 14:8,9.

AND PARE. Ve-asetah (and pare)³⁶ means and fix. Its fixing consists in cutting off the excess.³⁷ Compare, asah (trimmed)³⁸ in nor trimmed his heard (II Sam. 19:25) and in And instead of curled hair (ma’aseh³⁹ miksheh) baldness (Is. 3:24). The main meaning of the word ma’aseh (work) in Scripture is fixing,⁴⁰ except for instances when something unseemly follows.⁴¹ (in doing that which was evil) (Deut. 9:18). However, even in the latter instance the reference might be to complete an evil deed.

footnotes: ³⁶ Literally, and do. ³⁷ The part of the nail that is longer than usual. ³⁸ Literally, did. ³⁹ Literally, the work of. ⁴⁰ See I.E. on Gen. 2:4 and the notes thereto (Vol. 1, p. 51). ⁴¹ Compare, la’asot ha-ra

AND SHE SHALL PUT THE RAIMENT OF HER CAPTIVITY FROM OFF HER. For it is filthy.⁴²

footnotes: ⁴² Her garments are most probably soiled. This interpretation, unlike the previous one, does not believe that he removes her garments of captivity because they were the cause of her captor’s desire for her.

AND SHALL REMAIN IN THY HOUSE, AND BE WAIL…A FULL MONTH. This means she shall remain in your house a month to cry.⁴³

footnotes: ⁴³ For her father and her mother.

HER FATHER AND HER MOTHER. If close by.⁴⁴. 38 reads, if he (her captor) killed them. Some say that she bewails her father and mother because they did not convert to Judaism.⁴⁵ However, I believe that reason teaches us that every person is obligated to honor his father and his mother while they live and also after their deaths.

footnotes: ⁴⁴ If her parents were recently killed, that is, if they were killed in the war. Weiser believes that the reference is to her parents’ residence. If the place of their residence is close by, then the captive woman can ascertain the fate of her parents. Vat. Ebr ⁴⁵ In this case she bewails her parents even they are still alive.

The meaning of and bewail… is, she shall mourn her parents if they were killed while she was taken captive in the same manner that an Israelite women mourns, for she is converting to Judaism. Scripture had no need to mention that she shall bathe,⁴⁶, a pool of water which purifies the impure. All converts have to immerse themselves in a mikveh. for it is necessary for her to be purified by the waters of sprinkling,⁴⁷. According to Rabbinic interpretation the reference is to a mikveh. as Scripture earlier states, ye and your captives (Num. 31:19).⁴⁸

footnotes: ⁴⁶ In a mikveh ⁴⁷ Hebrew, me niddah ⁴⁸ Shall purify yourselves in the “waters of sprinkling.”

[AND AFTER THAT THOU MAYEST GO INTO HER, AND BE HER HUSBAND.] Our rabbis, of blessed memory, said that he has to wait three months.⁴⁹ on this verse. Even though the words of our sages need no support⁵⁰ I offer the following as proof, And it came to pass about three months after (Gen. 38:24).⁵¹ The latter is the time when the fetus begins to move. It is prohibited to have sexual relations with a women when one is in doubt as to whether she is pregnant or not, because of the uncertain paternity of the fetus; for some women give birth two months short of the normal term.⁵² Others give birth later than the normal term.⁵³ However, the latter rarely occurs.⁵⁴

footnotes: ⁴⁹ Before marrying the captive woman, in order to ascertain the paternity of the child that she might be carrying. See Sifre ⁵⁰ That it takes three months before one is certain as to whether or not a woman is pregnant. ⁵¹ Three months after Tamar had intercourse with Judah her pregnancy first became evident. ⁵² Thus if a woman gives birth after nine months and had intercourse with one man nine months ago, and intercourse with another man seven months ago, we do not know whether she carried for nine months and the first man is the father, or she had the child prematurely and the second man is the father. ⁵³ At 11 months it is thus possible for the captor to wait three months before taking the captive woman and for the latter to have a child 8 months later without the captor being the husband. This being the case, why did the rabbis say that the captor has to wait three months? They should have said that he should wait four months. ⁵⁴ The rabbis were not concerned with what occurs rarely.

A FULL MONTH. Yerach yamim (a full month) is similar to chodesh yamim (a whole month) (Num. 11:21).⁵⁵ I have explained this previously.⁵⁶. See I.E. on Gen. 4:4 (Vol. 1, p. 81). According to I.E., chodesh yamim refers to a complete cycle of the month. A month is called a yerach⁵⁷ means a moon. because the moon is its basis.

footnotes: ⁵⁵ Both terms mean a full month. ⁵⁶ The term chodesh yamim ⁵⁷ Yerach

THEN THOU SHALT LET HER GO.⁵⁸. You shall do to her as she desires.⁵⁹ to mean her desire. He interprets veshilachta le-nafshah as you shall allow her to do whatever she wants.

footnotes: ⁵⁸ Hebrew, ve-shilachta le-nafshah ⁵⁹ I.E. takes the word nafshah

BUT THOU SHALT NOT SELL HER AT ALL FOR MONEY. Scripture speaks of what is widely practiced.⁶⁰ Its true meaning is, do not sell her.

footnotes: ⁶⁰ Most take money when they transact a sale.

THOU SHALT NOT DEAL WITH HER AS WITH A SLAVE. The word titammer (deal as with a slave) is similar to the word ve-hitammer (and he deal as with a slave) in and he deal with him as a slave (Deut. 24:7). The word is not found a third time.⁶¹ The meaning of the word has to be ascertained from its context. It means deceitfully.⁶² deceitfully.

footnotes: ⁶¹ It is found only twice in Scripture. ⁶² According to I.E. our clause reads, thou shalt not deal with her deceitfully, and Deut. 24:7 as, and he deal with him

BELOVED. In his eyes, not in the eyes of God.⁶³ marrying a divorced woman). See Yevamot 23a.

footnotes: ⁶³ Contra the Rabbinic interpretation. According to the Talmud, “hated” means hated by God, i.e., taken in a marriage which God hates, that is, in a prohibited marriage (such as a kohen

THAT WAS HATED. Seni’ah (hated) is an adjective. This section follows⁶⁴ because the preceding section⁶⁵ reads, and thou hast a desire unto her (v. 11)⁶⁶ and…if thou have no delight in her (v. 14).⁶⁷

footnotes: ⁶⁴ The section dealing with a captive woman. ⁶⁵ Verses 1-14. ⁶⁶ This section speaks of a woman who is beloved. ⁶⁷ Our chapter speaks of a woman who is not beloved.

IN THE DAY THAT HE CAUSETH HIS SONS TO INHERIT. When he is in good health; or on the day of his demise when he is deathly ill;⁶⁸ or the law courts cause his sons to inherit.⁶⁹

footnotes: ⁶⁸ And, realizing that he is about to die, makes a will. ⁶⁹ If he instructs the law court to carry out his wishes, he may not tell them to treat his younger son as a first-born.

MAKE…FIRST-BORN. In word⁷⁰ and in status.

footnotes: ⁷⁰ To address him as his first-born or declare him to be his first-born.

[THAT HE MAY NOT.] Lo yukhal (that he may not) is to be understood like its counterparts.⁷¹

footnotes: ⁷¹ He is prohibited from acting in this manner. See I.E. on Deut. 17:15.

HE SHALL ACKNOWLEDGE. He shall acknowledge him by an act,⁷² or he shall admit before others who the firstborn is, if the first-born is in a place where he is unknown, or he is obligated right at the beginning to acknowledge which one of his sons is the first-born should they be twins.

footnotes: ⁷² He shall treat him as a first-born.

BY GIVING HIM A DOUBLE PORTION. The first-born shall take two parts. If there are three sons let them imagine that there are four and the first-born shall take two parts. If there are two sons let them imagine that there are three, and so in all cases. In my opinion this too is the meaning of I pray thee, let a double portion of thy spirit be upon me (II Kings 2:9), as I explained in its place.⁷³

footnotes: ⁷³ We no longer have I.E.’s commentary on Kings.

FOR HE IS THE FIRST-FRUITS OF HIS STRENGTH. The one known as first-born. Scripture speaks of the upright.⁷⁴ All of Israel are presumed to be upright.⁷⁵

footnotes: ⁷⁴ We can trust the father to testify honestly as to who is his first-born. ⁷⁵ Hence we believe the father.

STUBBORN AND REBELLIOUS. Towards God and towards the parents if they be God-fearing.⁷⁶

footnotes: ⁷⁶ One does not have to follow the dictates of ungodly parents.

STUBBORN. The word soreh (stubborn) is similar to the word sorre’ah (stubborn) in like a stubborn heifer (Hos. 4:16). He does not keep the positive commandments.

AND REBELLIOUS. With regard to the negative commandments.

AND THOUGH THEY CHASTEN HIM. In the presence of witnesses. The parents are commanded to take hold of him and bring him [to the elders]. The words of tradition are true.⁷⁷

footnotes: ⁷⁷ According to the Talmud the law of the rebellious son applies only to one who has parents.

HE IS A GLUTTON. The meaning of zolel (glutton) is explained.⁷⁸. It refers to one who gluttonously devours meat. However, the term refers to anyone who commits himself to all that he lusts for, to all that his desires ask of him.⁷⁹

footnotes: ⁷⁸ Prov. 23:20 speaks of zolele basar ⁷⁹ Even though Prov. 23:20 speaks of being gluttonous in regard to meat.

AND A DRUNKARD. Sove refers to one who drinks a lot. It refers to a drunkard. This individual is essentially a heretic.⁸⁰. He desires life in this world only for eating and drinking. This portion⁸¹ was placed here because of the woman of goodly form.⁸² And his⁸³ mother’s name was Shelomith⁸⁴ (Lev. 24:11) and the hint which I gave with reference to the sons of Aaron⁸⁵ are proof of this.

footnotes: ⁸⁰ The term used by I.E. is apikores ⁸¹ The portion dealing with the rebellious son. ⁸² The captive woman. ⁸³ The man who cursed God. ⁸⁴ Shelomith fornicated with an Egyptian. A woman of such questionable morals gave birth to a son who cursed God. ⁸⁵ Aaron married Elishva, who was a righteous woman. He therefore had righteous children.

AND THOU HANG HIM. We have received from the rabbis, of blessed memory, traditions regarding those who are hanged.⁸⁶

footnotes: ⁸⁶ Which culprits are to be hanged. Rabbi Eliezer believes that all those who are executed by stoning are then hanged for display. The sages limit this punishment only to those who are hanged for cursing God.

FOR HE THAT IS HANGED IS A REPROACH UNTO GOD.⁸⁷. For he cursed God.⁸⁸ as, he is hanged (taluy) for cursing God (ki killelat Elohim). When people see his body they are reminded that God was cursed. The latter is a reproach to God. However, according to the plain meaning of the text, God is the subject.⁸⁹ The curse comes to all places close to the hanged.⁹⁰ as for God curses the hanged. He interprets this as meaning God curses those who are near a hanged person. It⁹¹ has a secret connected to the soul.⁹² Scripture therefore goes on to say, that thou defile not thy land.⁹³ This section follows because of the war,⁹⁴ for Scripture first states, When thou goest forth to battle (Deut. 20:1). Now the incident at Gibeon⁹⁵ shows that the purpose of the law which says that his body shall not remain upon the tree all night is not out of respect for the deceased but rather out of respect for the land,⁹⁶ for the law of the Canaanites and the law of the Israelites differ.⁹⁷. 38 and other manuscripts. Some printed editions read: for the law of the uncircumcised and the law of the Israelites are the same. According to this reading Israel did not allow non-Jews to remain hanging on the tree because the Israelites respected Canaanite practice. The Vat. Ebr. 38 version is to be preferred for many reasons.

footnotes: ⁸⁷ Hebrew, ki killelat Elohim taluy ⁸⁸ This intrerpretation renders ki killelat Elohim taluy ⁸⁹ And he that is hanged the object. ⁹⁰ I.E. renders ki killelat taluy ⁹¹ This law. ⁹² The area infects the soul. I.E. probably meant that the sight of a hanged person and its putrefying smell affect a person’s psyche and prevent him from concentrating on philosophical and religious studies. ⁹³ By leaving a putrefying body exposed. ⁹⁴ Dealt with in verses 10-15. ⁹⁵ In the war at Gibeon Joshua captured five Canaanite kings and hanged them. He removed their bodies before nightfall. He did not do this out of respect for the deceased, for according to Canaanite practice there was nothing wrong in allowing the bodies to rot in public. Hence he did this out of respect for the land. See Josh. 10:26,27. ⁹⁶ That it not be defiled. ⁹⁷ The Gibeonites did not allow burial of the sons of Saul whom they hanged. Their bodies remained on the tree for months. See II Sam. 21:1-14. So Vat. Ebr