AND…JUDGE THEM. U-shefatum¹ literally means and they will judge them. The subject is omitted. Our verse literally reads, if there be a controversy between men and they go unto judgment, and they judge them (u-shefatum). Hence I.E. explains that “and they judge them” is short for: and the judges judge them. is to be rendered, and the judges judge them. Our verse is similar to No man shall take the mill or the upper millstone to pledge (Deut. 24:6).²

footnotes: ¹ U-shefatum ² Here too the subject is omitted, for the verse literally reads, He shall not take the mill to pledge. See I.E. on Deut. 24:6 and the notes thereto.

DESERVE TO BE BEATEN. The word bin (deserve) is vocalized with a chirik.³, i.e., ben. Compare, bin nun (son of Nun) (Josh. 1:1) and bin yakeh (son of Jakeh) (Prov. 30:1). Bin hakkot (deserve to be beaten) is similar to ben bliyya’al (a base fellow) (I Sam. 25:17).⁴ usually means son of. However, in bin hakkot and ben bliyya’al, ben signifies that the subject belongs to a certain group. Bin laylah (in a night) in which came up in a night (Jonah 4:10) is similar. The judge is obligated to beat him.⁵ means that the wicked falls into the category of those whom the judge is obligated to have beaten. I believe that Scripture calls the culprit wicked⁶. because he struck his neighbor.

footnotes: ³ It is usually vocalized with a segol ⁴ The word ben ⁵ Bin hakkot ⁶ Hebrew, rasha

THAT THE JUDGE SHALL CAUSE HIM TO LIE DOWN. By command.⁷ The same applies to and to be beaten, as before his⁸ face proves.

footnotes: ⁷ The judge shall ask officers of the court to place him in a prone position. ⁸ The judge’s.

ACCORDING TO THE MEASURE OF HIS WICKEDNESS, BY NUMBER. Of blows. It would have appeared to us, were it not for the words of tradition,⁹ that there are some sins that a person is punished for with ten blows. Others are punished with twenty blows. Other sins are punished with a lesser or greater number. The clause according to the measure of his wickedness is proof of this. In any case,¹⁰ the blows shall not exceed forty. However, the words of tradition alone are true.¹¹ Others say that his wickedness¹². refers to greater or lesser blows,¹³ all of which number forty.¹⁴

footnotes: ⁹ Which tells us that whenever the punishment of flogging is administered, thirty-nine (39) lashes are inflicted. ¹⁰ Regardless of the sin committed. ¹¹ That all those who are punished by flogging receive 39 lashes. ¹² That is, according to the measure of his wickedness ¹³ It refers to the intensity of the blows. ¹⁴ In other words, all those who are punished by flogging receive 40 lashes. However, their intensity varies according to the type of sin committed.

THEN THY BROTHER SHOULD BE DISHONORED. For the thing¹⁵ is well known. It is a decree from the Almighty that the sufferer suffer forty blows. This is a decree from heaven so that the number of blows not depend on the will of the judge.

footnotes: ¹⁵ That this particular individual is flogged.

[WHEN HE TREADETH.] The deniers¹⁶ say that the bet in be-disho (when he treadeth down) indicates prior to treading.¹⁷, before he treads. The muzzle is not put on the animal while he treads. It is put on the animal before the treading begins. Hence their interpretation. However, this is unnecessary.¹⁸

footnotes: ¹⁶ The Karaites. ¹⁷ The deniers render be-disho ¹⁸ For the meaning of Scripture is, do not put a muzzle on the animal so that it is muzzled while it treads the grain.

IF BRETHREN¹⁹ (brothers). DWELL TOGETHER. The deniers also say that these brethren²⁰ are not actual brothers,²¹ but are relatives. They brought proof from Boaz.²² (Ruth 4:5). However, they contribute nothing, for there is no mention of levirate marriage,²³ only of redemption.²⁴ Why mention the word together?²⁵ Does it matter if they were in one state or in one courtyard, or if they loved each other?²⁶ They say,²⁷. 38. Mikra’ot Gedolot reads: He says. look, the verse says ve-yibbemah (and shall perform the duty of a husband’s brother unto her).²⁸ means a brother-in-law. This shows that he is her brother-in-law in name only.²⁹ as, and be a brother-in-law to her. Now if the true brother-in-law was being addressed Scripture would not say, and be a brother-in-law to her. Hence we must interpret ve-yibbemah as meaning “act as a brother-in-law to her.” The upshot of all this is that a true brother-in-law is not being addressed. It is like thy sister-in-law (yevimtekh)³⁰ is the word yevamah (sister-in-law) plus the second person personal pronoun. Orpah was the wife of Ruth’s brother-in-law (yavam). She is referred to as a yevamah because she took her husband’s place. We thus see that the term yavam in its various forms can refer to one who acts like one’s brother-in-law. is gone back (Ruth 1:15). Now observe that they have become foolish and stupid, for Scripture states, with regard to the sons of Judah, and perform the duty of a husband’s brother (ve-yabbem) unto her³¹ (Gen. 38:8).³² your sister-in-law Tamar. Now he³³ was her³⁴ brother-in-law.³⁵ Also, the term yevimtekh (thy sister-in-law) (Ruth 1:15) was used because they were married to two brothers.³⁶ was not employed figuratively in Ruth. All intelligent people know that the negative commandments given to Moses³⁷ were not previously prohibited.³⁸ However, it would not have been evil in the eyes of God if someone abstained from them³⁹ before the law was given to Moses.⁴⁰ The fact that Scripture states, for all these abominations have the men of the land done, that were before you (Lev. 18:27), shows that this is certainly the case. We do not find a prophet who warned them.⁴¹ 5: “The fundamental commandments are those precepts that are implanted in the heart. They…were known by reason before the Torah was given through the agency of Moses” (Strickman translation, p. 75). Look, Scripture says of Onan, who did not give seed to his brother, the thing which he did was evil in the sight of God (Gen. 38:10).⁴² We will therefore rely on the tradition that they are actual brothers.

footnotes: ¹⁹ Hebrew, achim ²⁰ The brothers spoken of in our verse. ²¹ For Scripture explicitly prohibits a man from marrying his sister-inlaw. See Lev. 18:6. ²² Boaz married Ruth, who was the wife of his deceased relative, to raise up the name of the dead upon his inheritance ²³ In the Book of Ruth. ²⁴ Boaz married Ruth so that her husband’s field would not pass into the hands of a stranger. He thus “redeemed” the said field. See Ruth 4:1-6. ²⁵ In our verse. ²⁶ According to the Rabbinic tradition the word brethren means brothers and together means alive at the same time. However, if we accept the Karaitic interpretation then we do not know what Scripture means by the word together. ²⁷ So Vat. Ebr ²⁸ The word yavam ²⁹ The Karaites interpret ve-yibbemah ³⁰ Yevimtekh ³¹ Tamar, the widow of Er the son of Judah. ³² Judah told his son Onan to go and perform the duty of a husband’s brother unto ³³ Onan the brother of Er. ³⁴ Tamar’s. ³⁵ It is thus clear that levirate marriage was performed by the actual brother-in-law. ³⁶ In other words, the term yevamah ³⁷ Excluding the Noahide laws, which were given to Adam and Noah (see Meijler). ³⁸ There was thus no prohibition before the revelation at Sinai against a man to marrying his sister-in-law. ³⁹ That is, from those negative commandments from which reason tells us to abstain. ⁴⁰ In other words, God would have been pleased with a person who abstained from practices which He would later prohibit. If the law prohibiting intercourse with a sister-in-law was based on reason, i.e., it was an abomination, then Scripture would not have condemned Onan for not wanting to impregnate his sister-in-law. ⁴¹ From engaging in the practices that Lev. 18:27 refers to, for Scripture believes that one ought to know not to engage in these practices by employing one’s rationality. See Yesod Mora ⁴² God thus wants a brother to marry the childless widow of his biological brother.

AND HAVE NO CHILD. For if the deceased has a son, there is no need for him⁴³ to take his brother’s wife, for she is forbidden to him.

footnotes: ⁴³ The living brother.

The word yachdav (together) is to be understood in accordance with the explanation of the transmitters of tradition.⁴⁴ 17b.

footnotes: ⁴⁴ According to the rabbis, “together” means that they were alive at the same time. See Yevamot

ONE NOT OF HIS KIN. This explains the term ha-chutzah (abroad).⁴⁵) means to one not of his kin. This law applies only if the brother-in-law intends to marry her.⁴⁶ has been performed.

footnotes: ⁴⁵ In other words, abroad (ha-chutzah ⁴⁶ If her brother-in-law does not want to marry her, she is free to marry anyone else after the ceremony of chalitzah

THE FIRST-BORN THAT SHE BEARETH. Will be called by the name of his⁴⁷ brother.

footnotes: ⁴⁷ Deceased.

THAT HIS NAME BE NOT BLOTTED OUT. Scripture speaks of his inheritance.⁴⁸ I have previously explained the meaning of that she beareth in my comments on unto a foreign people (Ex. 21:8).⁴⁹refers to the deceased’s first-born brother (Yevamot 24a). See Rashi on this verse, “It is the eldest brother who is to perform the duty of levirate marriage.” I.E. in his short commentary on Ex. 21:8 states that this interpretation is not in keeping with the plain meaning of the verse.

footnotes: ⁴⁸ The property of the dead brother will be given to the first son born of the levirate marriage. The name of the deceased will thus be tied to his property, for people will say, “This is the property of the deceased, which his ‘son’ (actually his nephew) inherited.” ⁴⁹ According to the rabbis, And it shall be, that the first-born that she beareth…

MY HUSBAND’S BROTHER. The yod of yevami (my husband’s brother) is in fact the sign of the object.⁵⁰ is not the noun yavam (brother-in-law) plus the yod suffix meaning “my” but a combination of the verb yabem plus the yod suffix meaning me. According to this interpretation yevami means to act as a brother-in-law to me.

footnotes: ⁵⁰ In other words, the word yevami

AND IF HE STAND, AND SAY. Until the elders hear.⁵¹

footnotes: ⁵¹ In a voice audible to the elders.

AND LOOSE. Ve-chaletzah (and loose) is similar to chaletzu (draw out) in draw out the breast (Lam. 3:4). Its meaning is to remove.

IN HIS FACE. The transmitters of tradition explain that the word be-fanav (in his face) has the meaning of before his face.⁵² 106b. According to its plain meaning, be-fanav means before the shoe, for panav here is similar to panim (in front) in front and on the back⁵³ (Ezek. 2:9).⁵⁴ means before it, i.e., before the shoe.

footnotes: ⁵² Yevamot ⁵³ Translated according to I.E ⁵⁴ According to this interpretation befanav

WHEN MEN STRIVE. The reverse of If brethren dwell together (v. 5).⁵⁵ The men spoken of are strangers or brothers.

footnotes: ⁵⁵ There is thus a thematic connection between this law and the one that precedes it. Hence its juxtaposition.

BY THE SECRETS. Mevushav (the secrets) means his testicles. It is related to the word bushah (shame).⁵⁶. The literal meaning of mevushav is, his shameful things. Hence I.E.’s interpretation that mevushav (the secrets) means his testicles. It is an act of audacity to uncover that which is hidden, namely, a person’s nakedness. It is also a vital organ.⁵⁷

footnotes: ⁵⁶ Its root is bet, vav, shin ⁵⁷ Literally, a dangerous place. Hence the severe punishment.

THEN THOU SHALT CUT OFF HER HAND. If she does not pay ransom money. Its meaning is similar to eye for eye (Ex. 21:24).⁵⁸

footnotes: ⁵⁸ See I.E. on Ex. 21:24 (Vol. 2, p. 477), “It is fitting for the culprit to give his eye in place of the victim’s eye if he does not pay ransom for it.”

THINE EYE SHALL HAVE NO PITY. If she be poor.⁵⁹

footnotes: ⁵⁹ And cannot afford to ransom her eye.

IN THY BAG.⁶⁰. Where you place the scales.⁶¹ (bag) is the name of a receptacle where the scales are kept. Or, do not deceitfully take the weights from the bag.⁶² The first interpretation is correct. The proof text is, Let us all have one hag (kis)⁶³ (Prov. 1:14), the meaning of which is, one scale.⁶⁴ (Prov. 1:14) is, let us all have one scale, for let us all have one bag makes no sense in this context. The word kis (bag) is related to the word tachossu (ye shall make your count)⁶⁵ means you shall apportion. A person uses scales to measure the weight of portions. See I.E. on Ex. 12:4 (Vol. 2, p. 219). in ye shall make your count for the lamb (Ex. 12:4) even though tachossu comes from a different root.⁶⁶ comes from the root caf, vav, samekh. Tachossu comes from the root caf, samekh, samekh. Many explained the word kis to mean a pouch.⁶⁷ (a cloth into which an object is placed). In this case kis refers not only to a receptacle for scales but to any bag or purse. There is no need for this interpretation.

footnotes: ⁶⁰ Hebrew, be-khisekha ⁶¹ Kis ⁶² False weights. In this case the reference is not to the bag where the scales are kept but to a separate bag where the weights are kept. ⁶³ Translated according to I.E. ⁶⁴ The meaning of Let us all have one bag ⁶⁵ According to I.E. tachossu ⁶⁶ Than kis. Kis ⁶⁷ Hebrew, cheret

PERFECT. No part shall be missing.⁶⁸

footnotes: ⁶⁸ No part of the weight or measure shall be missing; i.e., the weight or measure will be accurate.

[JUST MEASURE.] A just measure means a measure which conforms to the market measure.⁶⁹

footnotes: ⁶⁹ In other words, a just measure means a measure which conforms to a commonly accepted standard.

THAT THY DAYS MAY BE LONG. For it is well known that all righteous kingdoms will endure, for righteousness is like a building. However, unrighteousness⁷⁰ is like a ruin. Its wall collapses in a moment

footnotes: ⁷⁰ The perversion of justice.

FOR ALL THAT DO SUCH THINGS. Those who possess diverse measures and diverse weights. This is followed by a general rule, namely, even all that do unrighteously verbally and by deed, secretly or publicly.

HOW HE MET THEE. Karekha (met thee) is related to the word korot (befallen) in all that had befallen them (Gen. 42:29).

AND SMOTE THE HINDMOST OF THEE. Va-yezanev bekhah (and smote the hindmost of thee) means,⁷¹ means a tail. Thus va-yezanev means and he tailed you. Hence I.E.’s comments. and cut off your tail (zanav), namely, all that were enfeebled in thy rear,⁷² means and he cut off all those in your rear. that is, those who did not have the strength to walk. It is possible that the word necheshalim (enfeebled)⁷³. is similar to nechelashim (enfeebled).⁷⁴. Similarly keves (lamb) and kesev (lamb).⁷⁵

footnotes: ⁷¹ The word zanav ⁷² In other words, va-yezanev ⁷³ The root of which is chet, shin, lamed ⁷⁴ The root of which is chet, lamed, shin ⁷⁵ These words come from one basic root. However, the letters of the root are inverted, giving us two different words.

WHEN THOU WAS FAINT. For Amalek came to Rephidim where the people thirsted for water. The latter is clearly stated.⁷⁶.

footnotes: ⁷⁶ See Ex. 17:1, And…the children of Israel…encamped in Rephidim; and there was no water for the people to drink

AND WEARY. From the way.

AND HE FEARED NOT. This refers to Amalek. Yare (feared) is a verb in the perfect.⁷⁷ in the kal. However, yare is vocalized kamatz, tzere. Hence I.E.’s comment. It is like the word kaved (heavy) in for the thing is too heavy for thee (Ex. 18:8); zaken (old) in that when Isaac was old (Gen. 27:1), and ahev (loveth) in such as he loveth (Ibid., 8).⁷⁸ in the third person perfect.

footnotes: ⁷⁷ Words in the third person past are usually vocalized kamatz, pattach ⁷⁸ All of these words are vocalized kamatz, tzere

WHEN THE LORD THY GOD HATH GIVEN THEE REST. It means that this commandment takes effect after Israel inherits the land and the land is quiet from all the wars with the surrounding nations, for as long as they are involved in waging war with the nations close to them they are not obligated to fight Amalek.

THAT THOU SHALT BLOT OUT THE REMEMBRANCE. Namely, slay both man and woman, infant and suckling, ox and sheep, camel and ass (I Sam 15:3), so that no one says this ox is from the spoil taken from Amalek. The words of the Torah⁷⁹, is a general statement. are a general statement. The words of the prophet Samuel⁸⁰. go into detail.

footnotes: ⁷⁹ The clause, thou shalt blot out the name of Amalek ⁸⁰ But slay both man and woman, infant and suckling, ox and sheep, camel and ass

THOU SHALT NOT FORGET. Scripture says this after having already stated Remember…(v. 17) for emphasis. The same is true with many other commandments in the Torah.⁸¹

footnotes: ⁸¹ Scripture repeats itself for emphasis.