THOU SHALT NOT SEE THY BROTHER’S OX. Even when you go out to war.¹ to teach us that this law applies even in time of war. This is midrashic.

footnotes: ¹ The law concerning a lost object was placed in the Torah portion When Thou Goest Forth to Battle

AND HIDE THYSELF. This is connected to Thou shalt not see.⁵. Scripture mentions the ox and the sheep (v. 1). The ass was previously mentioned (Ex. 23:4).⁶ The same law applies to all beasts.

footnotes: ⁵ The meaning of our verse is, thou shalt not see and hide thyself ⁶ Where Scripture first mentions the law dealing with a lost animal. I.E. was disturbed by the omission of ass in verse 1. Hence his Exodus citation.

THEN THOU SHALT BRING IT HOME.² If you are coming back³ or you command someone; that is, you give it to an honest person for safekeeping. ⁴

footnotes: ² This superscription from verse 2 was probably inadvertently misplaced by a copyist because it seems to belong after I.E.’s comment’s on verse 1. ³ If you find the lost animal on your way back from the war. ⁴ When you go off to war you ask someone else to bring the animal home.

THOU MAYEST NOT. Lo tukhal (thou mayest not)⁷ is to be understood like its counterparts.⁸), like its counterparts, is to be rendered, you are not permitted (thou mayest not). See I.E. on Deut. 17:15; 21:16.

footnotes: ⁷ Literally, you will not be able. ⁸ It (lo tukhal

FALLEN DOWN. Nofelim (fallen down) means crouching. The word nofelim is a general term.⁹

footnotes: ⁹ It applies to all sorts of non-standing positions.

THOU SHALT SURELY HELP HIM TO LIFT THEM UP AGAIN. Not by yourself.¹⁰ Compare, thou shalt surely release it with him (Ex. 23:5).

footnotes: ¹⁰ You do not have to do the lifting by yourself. You are obligated to help the owner lift the animal. However, this obligation does not apply in instances where the owner stands by and does not assist you.

A WOMAN SHALL NOT WEAR THAT WHICH PERTAINETH UNTO A MAN. This law was stated here because Scripture deals with going out to war. Women were created only to have children.¹¹ If a woman joins men in going to war she will come to engage in illicit sexual relations on the way.¹² The law that states neither shall a man put on a woman’s garment is similar.¹³ The reason for this law is as follows. If a male who does not have a full beard¹⁴ mixes with women, then he and they will have sexual relations without anyone knowing.¹⁵, as in Vat. Ebr. 38. A male dressing as a female has access to women. Rashi has a similar explanation. This law indicates that the custom of Israel was for the garments of men to be unlike the garments of women. There was a definite difference between the garments.¹⁶ This is also the practice in most countries. Some say that our verse speaks of unnatural intercourse.¹⁷ However, there is no need for this interpretation.¹⁸ The fact is that God abominates the one who changes the works of the Lord.¹⁹

footnotes: ¹¹ Legitimate children. ¹² Women who march off to war with men will have relations with them and produce illegitimate children. I.E. most probably inserted “on the way” because he wanted to explain why this law follows the previous one. It does so because both deal with something happening on the way. See I.E.’s comments on verse 6 and the notes thereto. ¹³ The purpose of the law is to prevent illicit sexual intercourse. ¹⁴ A full beard is not to be taken literally. It means enough facial hair to indicate that the person is a male. ¹⁵ Reading ve-en yode’a ¹⁶ Of males and females. ¹⁷ The reference is to homosexuality. ¹⁸ Our verse should be taken in accordance with its plain meaning. ¹⁹ Which cross dressing does, for one is then unable to distinguish between male and female.

IF A BIRD’S NEST CHANCE TO BE BEFORE THEE IN THE WAY. This section²⁰ follows because Scripture earlier mentioned by the way (v. 4).²¹

footnotes: ²⁰ Verses 6 and 7. ²¹ Both sections thus have a common theme.

CHANCE. The word yikkare (chance) is similar to nikro nikreti (As I happened by chance) (II Sam. 1:6). These words have the meaning of chance.²² and of nikro nikreti is kof, resh, alef. This root means to call. However, this meaning would be out of place here and in II Sam. 1:6. Hence I.E. points out that our root is a variant of kof, resh, heh, which means to meet or to chance upon. It is close in meaning to “meet.”

footnotes: ²² The root of yikkare

[YOUNG ONES.] The alef in efrochim (young ones) is superfluous. It is like the alef of u-ve-ezro’akha (and with your arm) (Jer. 32:21).²³. I.E. probably quoted from memory. It is very cruel to crush a mother with her children. Hence the reason for this law. The same applies to an ox ²⁴ or a sheep.²⁵. Lev. 22:28 prohibits the killing of a lamb or an ox and its mother in the same day.

footnotes: ²³ There is no such word in Scripture. I.E. probably has Jer. 32:21 in mind. However, the reading there is u-ve-ezro’a ²⁴ Lev. 22:28. ²⁵ Ibid

THAT IT MAY BE WELL WITH THEE. For God will pity you and do good things for you.

AND THAT THOU MAYEST PROLONG THY DAYS. As you did not exterminate all of the nest but left its root.²⁶

footnotes: ²⁶ The mother bird. God will repay you measure for measure.

WHEN THOU BUILDEST A NEW HOUSE. This section²⁷ is placed here because it deals with Israel in its land after they wage war. Scripture opens with the law dealing with a house.

footnotes: ²⁷ Verses 8 and 9.

A PARAPET. The meaning of ma’akeh (parapet) is known from its context. It has no neighbor.²⁸ A grammarian connected it to the word akat (oppression of) in the oppression of the wicked²⁹ (Ps. 55:4).³⁰ However, he oppressed himself.³¹ comes from the root ayin, kof, heh, and akat from ayin, vav, kof.

footnotes: ²⁸ That is, it is not found again in Scripture. ²⁹ The grammarian reads this as the enclosure of the wicked; i.e., the wicked surround him with trouble. ³⁰ The roof is enclosed by the fence. ³¹ By offering an unacceptable interpretation. For ma’akeh

IF ANY MAN FALL.³² Scripture speaks of the end result.³³ The following are similar: The dead shall be put to death (Deut. 17:6);³⁴ And stripped the naked of their garments (Job 22:6);³⁵ And the children³⁶ struggled together (Gen. 25:22). There are an innumerable number of words that are named because of the end result. We do not know if this is linguistic style or prophetic statements, as in and pursued as far as Dan³⁷ (Gen. 14:14); unto the valley of Eshcol³⁸ (Num. 13:23); and Therefore shall a man leave his father and his mother³⁹ (Gen. 2:24). After laying down the law dealing with the house, Scripture goes on to deal with the laws of seeds and plants, for after entering the land the Israelite would build a house and then plant.

footnotes: ³² Literally, for the one who falls will fall. ³³ Hence Scripture refers to the person who will fall as the one who falls, even though he had not yet fallen. ³⁴ Translated literally. ³⁵ The naked cannot be stripped. Thus Scripture refers to those who are about to be stripped as stripped. ³⁶ The reference is to the fetuses that Rebekah was carrying. Scripture refers to them as children because they soon would be so. ³⁷ Scripture speaks of Abraham’s pursuit of the Mesopotamian kings who invaded Canaan. Dan, the person after whom the city of Dan was named, was not yet born. Hence the name is used prophetically. See I.E. on Gen. 14:14. ³⁸ The Torah relates that the spies sent out by Moses came to a place called the valley of Eshcol. However, it was so named after the spies came there. ³⁹ This was said prophetically by Adam. When Adam made the statement, there were as yet no children or fathers and mothers.

THOU SHALT NOT SOW THY VINEYARD. The following is the meaning of pen tikdash (lest the fullness): Rabbi Menachem ben Saruk the Sephardi has already explained in his notebook that the word tikdash (fullness) is related to the word kodesh (holy).⁴⁰ can also be taken to mean profaned. See Rashi. [The product of two seeds sown together becomes holy] because one mixes with the other.⁴¹

footnotes: ⁴⁰ The word kodesh ⁴¹ I.E. does not explain why. He most likely believed that producing a species which God did not create was emulating God’s work. The product was thus a godlike creation and holy.

THOU SHALT NOT PLOW WITH AN OX AND AN ASS. This law is connected to the one dealing with sowing two kinds of seed. God had mercy on his creatures. An ass is not as strong as an ox. The law prohibiting the mixture of linen and wool⁴². follows⁴³ because Scripture earlier mentioned the prohibition of mixing seeds. This law was previously mentioned in general terms.⁴⁴ However, Scripture is specific here. It limits the prohibition to wool and linen, and not to any other kinds of material.

footnotes: ⁴² Shatnez ⁴³ In verse 10. ⁴⁴ In Lev. 19:19. There, Scripture forbids the wearing of a garment from of a mixture. However, it does not say what sort of mixture is prohibited. It does so here.

THOU SHALT MAKE TWISTED CORDS. The deniers⁴⁵ say that this is a separate commandment⁴⁶ pertaining to nighttime. It is similar to the fringes that are to be worn during the day. Scripture therefore reads, wherewith thou coverest thyself.⁴⁷ However, the transmitters of tradition say that our verse speaks of the fringes that are to be worn during the day.⁴⁸ 43a. The meaning of gedilim (twisted cords) is similar to the word gedilim (wreaths) which is employed with regard to the building of the temple. Compare, wreaths (gedilim) of chainwork (I Kings 7:17).⁴⁹ means twisted threads, for chain-work means twisted. The deniers connect the word gedilim to the word gedolah (large).⁵⁰ means large threads. We believe only in the words of our ancestors. Scripture mentions this law a second time⁵¹ in order to add upon the four corners.⁵² The law mandating fringes is connected to the law prohibiting a mixture of linen and wool because the latter does not apply to fringes.

footnotes: ⁴⁵ Those who deny the Rabbinic tradition. The reference is to the Karaites. ⁴⁶ It is not to be identified with a similar commandment in Num. 15:37-41 requiring the wearing of fringes, for the latter pertains to the day, whereas our verse deals with the night. ⁴⁷ To indicate that it deals with fringes that are to be worn at night. ⁴⁸ See Menachot ⁴⁹ In other words, gedilim ⁵⁰ They saw that gedilim ⁵¹ That is, in addition to mentioning it in Num. 15:37-41, it also mentions it here. ⁵² Numbers mentions corners, it does not mention four corners.

IF ANY MAN TAKE A WIFE. According to the deniers⁵³ this section was connected to the law of fringes because the latter contain the phrase wherewith thou coverest thyself.⁵⁴ (v. 12) to refer to a blanket. Scripture alludes to marriage as placing a covering over a woman. Cf. Ruth 3:9. The allusion is to sharing one blanket. Its true reason can be explained midrashically. The laws are placed one next to the other because first comes the house, next a garment,⁵⁵ and then the mistress of the house.⁵⁶

footnotes: ⁵³ The Karaites. ⁵⁴ They take coverest thyself ⁵⁵ The reference must be to new garments, for one does not build a house if he does not have a garment to wear. ⁵⁶ A wife. A person first builds a house, then buys new garments, and then marries.

WANTON. The word alilot (wanton) means a cause.⁵⁷ to the word illah (cause). He renders alilot devarim as “a cause of words.” In other words, he states the reason he wants to divorce her.

footnotes: ⁵⁷ I.E. connects alilot

CHARGES. Whether true or false.⁵⁸ as false charges. Hence I.E.’s comment.

footnotes: ⁵⁸ Some commentators interpret alilot devarim

VIRGINITY. The word betulim (virginity) is a plural. It never comes in the singular. The same applies to bacharut (youth), zekunim (old age), alumim (youth).

THE FATHER OF THE DAMSEL, AND HER MOTHER. If they are alive. Otherwise, someone appointed by the court.

[HE MAY NOT PUT HER AWAY ALL HIS DAYS.] The meaning of all his days is that she shall always be under his care. She shall be so until the day of his death.

SHALL STONE HER. Someone most likely slept with her after he betrothed her, for the one who betrothed her would not have done so unless she told him that she was a virgin. The transmitters of the law explained the matter very clearly.⁵⁹ The signs of virginity are found until a fixed time, according to the nature of young ladies.⁶⁰ 59a, “And he (the High Priest) shall take a wife in her virginity (Lev. 21:13) excludes one who is a bogeret (a female above the age of 12 1/2) for her virginity has ended.” I.E. took this statement literally. However, other rabbis interpret this to mean that older women bleed less than those younger than 12 1/2. See Tosafot, Yevamot 59a. Also see Ketuvot 9a,b and Rashi and Tosafot comments there. Also see Maimonides, Mishneh Torah, Hilkhot Ishut 11:12,13. The law dealing with a married women was connected to the law of the betrothed damsel because Scripture states, and the men of the city shall stone her.⁶¹

footnotes: ⁵⁹ Witnesses are required to the act of adultery if the damsel is to be executed. She is not executed if she is merely found not to be a virgin. ⁶⁰ Thus past a certain age the husband cannot claim that his wife was not a virgin. According to the Talmud, the virginity of a girl above the age of 12 1/2 dissipates. See Yevamot ⁶¹ The same penalty is exacted from a woman living in the house of her husband (v. 24).

BOTH OF THEM. The meaning of gam⁶² is also. The literal meaning of u-metu gam shenehem (then they shall both of them die) thus is, they shall also die both of them. The word gam seems out of place. Hence I.E. renders gam as this one like that one. The meaning of u-metu gam shenehem thus is, the two of them shall die, this one like that one. is this one like the other one. Now Scripture goes on to further elucidate this topic.

footnotes: ⁶² The literal meaning of gam

IF THERE BE. When this thing shall happen.

THE GATE. The place where the elders of the city sit. Look, Scripture refers to the betrothed woman as his neighbor’s wife. We cannot ascertain the meaning of betrothal except through tradition.⁶³

footnotes: ⁶³ According to the rabbis, betrothal is the first step in marriage. Thus a betrothed damsel is in reality a married woman although she lives in the home of her father.

UNTO THE DAMSEL…DO NOTHING.] She most probably did not agree⁶⁴ and was unaware until he came and raped her. Hence the rapist is compared to a murderer.⁶⁵

footnotes: ⁶⁴ To the sex act. ⁶⁵ The rapist, like a murderer, stalks and commits an act of violence upon an unwilling victim.

CRIED. She most likely cried.

THAT IS NOT BETROTHED. Our verse deals with rape, not with seduction.⁶⁶

footnotes: ⁶⁶ The parallel law in Ex. 22:15,16 deals with seduction.