Pisqa’ 194³⁰³

1. “Who is the man who has built a new house” (Dt. 20:5)? I might infer only that [this exemption applies to] one who built a house!

footnotes: ³⁰³ H:214-215; JN2:82-83.

On what basis do I know to include one who inherited a house, one who purchased a house, or one who received it as a gift?

“Who is the man who has built” (Dt. 20:5)— [building includes any mode of acquisition]. “A house” (Dt. 20:5)— I might infer only that [this exemption] applies to a house (bayit)! On what basis do I know to include a storage shed for straw (beit³⁰⁴ is the construct state of bayit (Heb: “house”). The point of the exegesis is to include in the rule items designated for shelter of any kind. hateven), a cattle-barn (beit habaqar), a wood-shed (beit ha`eitzim), or a silo (beit ha-‘otzarot)?

“Who has built” (Dt. 20:5)— **[a house includes any form of permanent shelter].**³⁰⁵ If so, is it possible to say that [this exemption] applies even to the builder of a gate-house (beit sha`ar), a portico, or a balcony?

“A house” (Dt. 20:5)— Since a house is distinctive in serving as a dwelling-place (beit dirah), these structures, which do not primarily serve as a dwelling-place, **must be excluded from the exemption.**³⁰⁶

footnotes: ³⁰⁴ Beit ³⁰⁵ //M. Sotah 8:2. ³⁰⁶ Cf. M. Sotah 8:3.

“And who hasn’t yet dedicated it” (Dt. 20:5)— this prevents a robber [from claiming an exemption].

2. “He shall go and return to his home” (Dt. 20:5)— that is, he shall go and heed the instructions of the Warrior Priest to return.

“Lest he die in battle” (Dt. 20:5)— failing to heed the instructions of the Warrior Priest, **he will eventually die in battle.**³⁰⁷ 195.2.

footnotes: ³⁰⁷ Cf. Pisqa’

“And another man will consecrate it” (Dt. 20:5)— is it possible to say that

“Another man will consecrate it” (Dt. 20:5),

“Another man will take her” (Dt. 20:7; cf. Dt. 28:30)— just as the other man discussed elsewhere **implies a stranger,**³⁰⁸ commonly denotes a gentile. Here, it refers to an Israelite who has no kinship ties to a particular Israelite family. so, too, the other man discussed here **implies a stranger.**³⁰⁹

footnotes: ³⁰⁸ Heb: nochri; ³⁰⁹ //T. Sotah 7:22.