“In number, forty shall strike him.” They whip him two-thirds from behind and one-third from the front (Makkot 23) because every sinner turns his back to the Divine Presence and treats the Eye above as if it does not see. And there are sinners who brazenly face God, as it is written A wicked man hardens his face (Proverbs 21:29). And just as the Torah was stricter with a thief than with a robber, imposing double payment upon him because he denies the Eye above and does not [even] equate the servant and his Master, which is not the case with a robber (Bava Kamma 79b), so too double [punishment] is imposed upon him — to be lashed twice as much from behind and one part from the front, because with every sin there is doubt whether he brazenly faced [God] or whether he turned his back to God, in which case his sin is doubled.

And some say one in front of him [lefanav, which also means before him], that he should remember one thing before him, that he came from a putrid drop, and two behind him [le’achorav, which also means after him], that he should remember that he is going to a place of worms, and to remember before whom he is destined to give judgment and accounting, and these are after him, and this is correct.

The reason for the number 39: It is because he denied the One [Echad], [the letters of] which corresponds to the number 13, and he denied the Torah which is interpreted through 13 methods, and he rebelled against the good inclination which comes after 13 years. Every sinner has a spirit of folly enter him and he lacks the understanding [binah] which comes at the age of 40. Therefore it says And if the son [ben] is — if we examine the understanding that comes in the 40th year, and he is as if he did not reach the 40th year, by this you will know that it is appropriate to give him lashes in a number that is not exactly 40, but close to this number, because he is a person without understanding.

“You shall not have in your pocket different weights, a large one and a small one.” One should be exact, if the explanation is that large means larger than appropriate and small means smaller than appropriate, and both are false, as one weighs for oneself with the large weight and for others with the small weight; if so, it is difficult to understand why the verse says a perfect and just weight you shall have, since the descriptor perfect definitely refers to the weight that is smaller than appropriate, which needs to be completed to make it perfect and not lacking. Why did the verse not mention something that contradicts the large weight? You must say that the word just is said in opposition to the falsely large weight. But this is difficult, for just is the opposite of both [improper weights], so why the need for perfect? Rather, this must be the explanation: large refers to the properly measured weight, and small refers to one that is lacking what is appropriate. And what is said, a perfect and just weight, all refers to the small weight, for the phrase just was interpreted by our Sages (Bava Batra 88b) as “be just with what is yours and give to him.” Therefore, the verse says through the literary device of “not only this but also that”: you shall have a perfect weight that is not lacking, so that you do not shortchange your fellow at all. And not only should you not shortchange him, but even just — be just with what is yours and give him more than what should properly come to him. If this is the case, that the large weight is the proper one, why does it say you shall not have in your pocket the large one? Why should the proper weight not be in his pocket? And there is another difficulty: why does it say for an abomination to the Lord your God are all who do these things, all who do injustice? Why the repetition? And since it says all who do injustice, this implies that all who do these things is not injustice, and we need to understand what this means.

The explanation of this matter is as Solomon said, Differing weights and differing measures — the Lord detests them also both (Proverbs 20:10). If both are false, what is meant by both — why would we distinguish between them, and what is the meaning of also? Rather, it certainly speaks of one that is false and one that is true, teaching that even the honest one is called an abomination because the honest weight enables him to weigh with the false one. For if he did not have the honest weight, he would be afraid to weigh for everyone with the small false one, because all buyers upon returning home would find their weight lacking, and many complaints would come to the court against him saying, “He weighed for all of us with the small one.” What can you say — perhaps it became short in your homes? But would it become lacking in everyone’s home? This is not common. What does he do? He goes and weighs for some with the small, deficient weight and for others with the larger, honest weight. And if the people for whom he weighed lacking come to court, he will claim in court, “Look, I have sold to many people,” and he will ask those for whom he weighed honestly to testify that they are not missing anything, thus contradicting those who claim he weighed lacking. Consequently, the judge will conclude that the lack must have happened in the complainants’ homes, for otherwise, “what makes one man different from another?” (Sanhedrin 65b). Why are these not missing anything? And when the court sends for his weights, he will send the honest one, and it will be found that without the honest weight, he could not have sold to everyone with the small one. So he maintains the honest weight to validate his falsehood, which is why even the honest one is an abomination. This is what Rashi explains: “The large one that contradicts the small one,” because through the large one, he can contradict the actions of the small one in court. Therefore, it says, “For all who do these things are an abomination to the Lord” — even regarding what he weighed honestly, for this too is an abomination since he only weighs honestly in order to deceive the world. All who do evil refers to the false weight, but the first one [the honest weight] is not evil, and nevertheless it is an abomination. Regarding this, Solomon said, The Lord detests them also both to include the honest weight.

And with this, the juxtaposition of “Remember what Amalek did to you” is resolved. Rashi explains: If you were deceitful with measures and weights, be concerned about enemy provocation, as it says Scales of deception are an abomination to the Lord (Proverbs 11:1). And it is written afterward When arrogance comes, then comes disgrace, but with the humble is wisdom (Proverbs 11:2). However, this raises difficulties: What is the connection between enemy provocation and weights? Furthermore, did Amalek attack them because they were deceitful with weights? Also regarding the proof text, why call them scales of deception [mirmah] when “scales of falsehood” [sheker] would be more appropriate? What is this disgrace that is mentioned, and how does the end of the verse but with the humble is wisdom connect to its beginning? Rather, surely he calls the large, correct stone scales of deception because one weighs with it in order to deceive, as mentioned. The person who uses such weights is hiding his wrongdoing from others and treating the Divine eye as if it doesn’t see. And so is God’s measure, as it says Though hatred is covered with deception, its wickedness will be exposed in the assembly (Proverbs 26:26). As they said regarding the Sotah (9a), “She acted in secret, so the Holy One, Blessed be He, reveals her disgrace.” Similarly, He says to these deceivers: “You commit oppression and robbery in secret, so the Holy One, Blessed be He, sends the enemy who will take all that is yours openly, and then retroactively your disgrace will be revealed, for everyone will know in retrospect that you secretly accumulated wealth unjustly.” This is what it means: When arrogance comes — this refers to the enemy who comes with deliberate intent and openly — then comes disgrace — your disgrace will be brought to light. This is what it concludes in the Yalkut in the name of the Mekhilta (Beshalach 1:8): “Rabbi Eliezer says: And Amalek came — he came openly, for all the troubles that came did not come except in secret, but this coming was with an open face.” These are his words. This is strong proof for our explanation that whatever Israel did in secret, Amalek came openly to bring their disgrace to light, for the Holy One, Blessed be He, does not execute judgment without justice. When He sends the enemy to take what is yours, it was certainly because in secret you committed oppression and perversion. Those who do such things think they are wise in doing evil, just as in our generation people consider someone clever if they are shrewd in deception. But Scripture says Your brother came with deceit — not with wisdom — and took what was yours (Genesis 27:35). However, whoever fulfills walk humbly with your God and does not deal falsely with his fellow even in private is called wise. This is what it means by but with the humble is wisdom, which is the opposite of the dishonest scales mentioned earlier.

And because of this matter, Amalek came, as it is said (Exodus 17:7–8) And because they tested God saying, ‘Is God in our midst or not?’ And Amalek came. And it concludes in the Yalkut (in the name of the Mechilta Beshalach ch. 6–7): “Rabbi Eliezer says, ‘If He provides all our needs, we will serve Him, etc.’” From this we learn that they were not confident in God to give them all their needs, and presumably they were involved in matters of deception that they couldn’t reverse through legal judgment, and they treated the Eye above as if it didn’t see, as it is written, Is God in our midst or not? Therefore, Amalek came and fought with Israel at Rephidim, which they [the Sages] interpreted (ibid. ch. 1:8) as meaning “weakness of hands [rifyon yadayim],” referring to the weakening of the judges’ hands because they couldn’t legally extract what was stolen in secret. Similarly, here it says, And you were weary and tired and did not fear God [Elohim]. This refers both to God Himself, because for matters entrusted to the heart it says, and you shall fear your God, and to elohim [as] judges, because one who has a large and small stone [for dishonest weighing] cannot be caught in his lies by judges. Therefore, Amalek cut off the circumcision and threw it upward (Tanchuma 10), because the purpose of the external circumcision is to bring a person to circumcise the foreskin of his heart. When their hearts are filled with deceit by burying their weights in salt, then there is no benefit even in the external circumcision as long as they are uncircumcised of heart. Moreover, according to our Sages (Tanchuma, Parshat Tzav 14), circumcision completes the name of Shaddai, but they spoke doubtingly, saying, Is God in our midst or not? If so, there is no need for circumcision, and this is easily understood. Only the stragglers behind you were caught by Amalek, those whom the cloud expelled because of their sin, for every deceitful person is pushed away from the Divine Presence, as it is said (Psalms 5:5), Evil cannot dwell with You. And one who speaks falsehoods cannot be established before His eyes (Psalms 101:7), all the more so one who commits falsehoods. This is [the meaning of] at Rephidim — with weakened hands, meaning those lacking strength who were weary and tired because they were not carried on eagles’ wings like those within the cloud, among whom there were none weary or stumbling.

In a homiletic interpretation one can say, just as the section Remember what Amalek did to you is adjacent to the section on weights and measures [mishkalot], so too we read Parashat Zachor after Parashat Shekalim, which comes as atonement for the sin of the Golden Calf that was made from gold shekels because they were excessively greedy for money, as explained above in Parashat Ki Tisa (30:13). Anyone who is greedy for money will also deceive with weights and measures, and because of this sin Haman [who was from the seed of Amalek] came against Israel with silver shekels. And Mordecai commanded that they should not lay their hands on the plunder in order to rectify this sin. This is not the place to elaborate further on this matter.