1 These be the words which Moses spake unto all Israel beyond the Jordan; in the wilderness, in the plain[a] over against the Red sea[b], between Paran and Tophel, and Laban, and Hazeroth, and Di-zahab.
2 (There are eleven days' journey from Horeb by the way of mount Seir unto Kadeshbarnea.)
3 And it came to pass in the fortieth year, in the eleventh month, on the first day of the month, that Moses spake unto the children of Israel, according unto all that the Lord had given him in commandment unto them;
4 After he had slain Sihon the king of the Amorites, which dwelt in Heshbon, and Og the king of Bashan, which dwelt at Astaroth in Edrei:
5 On this side Jordan, in the land of Moab, began Moses to declare this law, saying,
6 The Lord our God spake unto us in Horeb, saying, Ye have dwelt long enough in this mount:
7 Turn you, and take your journey, and go to the mount of the Amorites, and unto all the places nigh thereunto, in the plain, in the hills, and in the vale, and in the south, and by the sea side, to the land of the Canaanites, and unto Lebanon, unto the great river, the river Euphrates.
8 Behold, I have set the land before you: go in and possess the land which the Lord swore unto your fathers, Abraham, Isaac, and Jacob, to give unto them and to their seed after them.
9 And I spake unto you at that time, saying, I am not able to bear you myself alone:
10 The Lord your God hath multiplied you, and, behold, ye are this day as the stars of heaven for multitude.
11 (The Lord God of your fathers make you a thousand times so many more as ye are, and bless you, as he hath promised you!)
12 How can I myself alone bear your cumbrance, and your burden, and your strife?
13 Take you wise men, and understanding, and known among your tribes, and I will make them rulers over you.
14 And ye answered me, and said, The thing which thou hast spoken is good for us to do.
15 So I took the chief of your tribes, wise men, and known, and made them heads over you, captains over thousands, and captains over hundreds, and captains over fifties, and captains over tens, and officers among your tribes.
16 And I charged your judges at that time, saying, Hear the causes between your brethren, and judge righteously between every man and his brother, and the stranger that is with him.
17 Ye shall not respect persons in judgment; but ye shall hear the small as well as the great; ye shall not be afraid of the face of man; for the judgment is God's: and the cause that is too hard for you, bring it unto me, and I will hear it.
18 And I commanded you at that time all the things which ye should do.
19 And when we departed from Horeb, we went through all that great and terrible wilderness, which ye saw by the way of the mountain of the Amorites, as the Lord our God commanded us; and we came to Kadeshbarnea.
20 And I said unto you, Ye are come unto the mountain of the Amorites, which the Lord our God doth give unto us.
21 Behold, the Lord thy God hath set the land before thee: go up and possess it, as the Lord God of thy fathers hath said unto thee; fear not, neither be discouraged.
22 And ye came near unto me every one of you, and said, We will send men before us, and they shall search us out the land, and bring us word again by what way we must go up, and into what cities we shall come.
23 And the saying pleased me well: and I took twelve men of you, one of a tribe:
24 And they turned and went up into the mountain, and came unto the valley of Eshcol, and searched it out.
25 And they took of the fruit of the land in their hands, and brought it down unto us, and brought us word again, and said, It is a good land which the Lord our God doth give us.
26 Notwithstanding ye would not go up, but rebelled against the commandment of the Lord your God:
27 And ye murmured in your tents, and said, Because the Lord hated us, he hath brought us forth out of the land of Egypt, to deliver us into the hand of the Amorites, to destroy us.
28 Whither shall we go up? our brethren have discouraged our heart, saying, The people is greater and taller than we; the cities are great and walled up to heaven; and moreover we have seen the sons of the Anakims there.
29 Then I said unto you, Dread not, neither be afraid of them.
30 The Lord your God which goeth before you, he shall fight for you, according to all that he did for you in Egypt before your eyes;
31 And in the wilderness, where thou hast seen how that the Lord thy God bare thee, as a man doth bear his son, in all the way that ye went, until ye came into this place.
32 Yet in this thing ye did not believe the Lord your God,
33 Who went in the way before you, to search you out a place to pitch your tents in, in fire by night, to shew you by what way ye should go, and in a cloud by day.
34 And the Lord heard the voice of your words, and was wroth, and swore, saying,
35 Surely there shall not one of these men of this evil generation see that good land, which I swore to give unto your fathers.
36 Save Caleb the son of Jephunneh; he shall see it, and to him will I give the land that he hath trodden upon, and to his children, because he hath wholly followed the Lord.
37 Also the Lord was angry with me for your sakes, saying, Thou also shalt not go in thither.
38 But Joshua the son of Nun, which standeth before thee, he shall go in thither: encourage him: for he shall cause Israel to inherit it.
39 Moreover your little ones, which ye said should be a prey, and your children, which in that day had no knowledge between good and evil, they shall go in thither, and unto them will I give it, and they shall possess it.
40 But as for you, turn you, and take your journey into the wilderness by the way of the Red sea.
41 Then ye answered and said unto me, We have sinned against the Lord, we will go up and fight, according to all that the Lord our God commanded us. And when ye had girded on every man his weapons of war, ye were ready to go up into the hill.
42 And the Lord said unto me, Say unto them. Go not up, neither fight; for I am not among you; lest ye be smitten before your enemies.
43 So I spake unto you; and ye would not hear, but rebelled against the commandment of the Lord, and went presumptuously up into the hill.
44 And the Amorites, which dwelt in that mountain, came out against you, and chased you, as bees do, and destroyed you in Seir, even unto Hormah.
45 And ye returned and wept before the Lord; but the Lord would not hearken to your voice, nor give ear unto you.
46 So ye abode in Kadesh many days, according unto the days that ye abode there.
[1a] KJV plain, JPS1917 Arabah
[1b] KJV over against the Red sea, JPS1917 over against Suph
h.אלה הדברים THESE ARE THE WORDS — Because these are words of reproof and he is enumerating here all the places where they provoked God to anger, therefore he suppresses all mention of the matters in which they sinned and refers to them only by a mere allusion contained in the names of these places out of regard for Israel (cf. Sifrei Devarim 1:1; Onkelos and Targum Jonathan).
h.אל כל ישראל [THE WORDS WHICH HE SPAKE] TO ALL ISRAEL — If he had reproved only some of them, those who were then in the street (i.e. those who were absent) might have said, “You heard from the son of Amram, and did not answer a single word regarding this and that; had we been there, we would have given him an answer!“. On this account he assembled all of them, and said to them, “See, you are all here: he who has anything to say in reply, let him reply!” (Sifrei Devarim 1:6-7).
h.במדבר IN THE WILDERNESS — They, however,were not then in the wilderness, but in the plains of Moab (cf. Numbers 36:13 and further on verse 5): What, therefore, is the meaning of במדבר? It does not mean “in the wilderness”, but the meaning is: he reproved them on account of that wherein they had provoked Him to anger in the wilderness — that they said, (Exodus 16:3) “Would that we had died [by the hand of the Lord]” (cf. Sifrei Devarim 1:11).
h.בערבה IN THE PLAIN — i.e. he reproved them regarding the plain: that they had sinned through Baal Peor at Shittim in the plains of Moab (cf. Sifrei Devarim 1:13)
h.מול סוף OVER AGAINST SUPH — i.e. he reproved them regarding that in which they had shown themselves rebellious at the Red Sea (סוף): viz., on their arrival at the Red Sea — that they said, (Exodus 14:11) “Is it because there are no graves in Egypt [that thou hast brought us to die in the wilderness?]”; and similarly when they left the midst of the Sea, as it is said, (Psalms 106:7) “They murmured because of the Sea, at the Red Sea”, as it is related in Treatise Arakhin 15a (cf. Rashi on Numbers 14:22 and Sifrei 1:14).
h.בין פארן ובין תפל ולבן BETWEEN PARAN, AND TOPHEL AND LABAN — R. Jochanan said: We have gone through the whole Bible and we have found no place the name of which is Tophel or Laban! But the meaning is that he reproved them because of the calumnious statements (טפלו) they had made regarding the Manna which was white (לבן) in colour — that they said, (Numbers 21:5) “And our soul loathes this light bread”; and because of what they had done in the wilderness of Paran through the spies.
h.וחצרת AND HAZEROTH — i.e. regarding what they had done there at the insurrection of Korah. — Another explanation: He said to them, “You ought to have taken a lesson from what I did to Miriam at Hazeroth because of the slander she uttered, and yet you even after that spoke against the Omnipresent (Sifrei Devarim 1:15).
h.ודי זהב AND DI ZAHAB (the name is taken in the sense of “sufficiency of gold”) — He reproved them on account of the golden calf which they had made in consequence of the abundance of gold which they had, as it is said, (Hosea 2:10) “And silver did I give them in abundance and gold: they, however, made it into a Baal” (cf. Berakhot 32a; Sifrei Devarim 1:18).
h.אחד עשר יום מחרב ELEVEN DAYS JOURNEY FROM HOREB — Moses said to them: “See what you brought about! There is no route from Horeb to Kadesh-Barnea as short as the way through Mount Seir, and even that is a journey of eleven days. You, however, traversed it in three days!” — for you see that they journeyed from Horeb on the twentieth of Eyar, as it is said, (Numbers 10:11—12) “And it came to pass in the second year, in the second month, on the twentieth of the month, [the cloud went up and the children of Israel journeyed out of the desert of Sinai” (which is Horeb)] and on the twenty-ninth of Sivan they sent out the spies from Kadesh Barnea, (an interval of 40 days; cf. Taanit 29a); deduct from these the thirty days they spent at Kibroth Hataavah, where they ate the flesh “a month of days”, and seven days they spent at Hazeroth for Miriam to be shut up there as a leper, it follows that in three days they traversed all that way. — To such an extent did the Shechinah exert itself to hasten your coming to the land of Canaan, but because you became degenerate, He made you travel round about Mount Seir for forty years (Sifrei Devarim 2:2).
h.ויהי בארבעים שנה בעשתי עשר חדש באחד לחדש AND IT CAME TO PASS IN THE FORTIETH YEAR, IN THE ELEVENTH MONTH, ON THE FIRST OF THE MONTH, [MOSES SPAKE] — This tells us that he reproved them only shortly before his death (Jewish tradition holds that Moses died on the seventh day of the twelfth month; cf. Megillah 13b). From whom did he learn this? From Jacob, who reproved his sons only shortly before his death. He said, “Reuben, my son, I will tell you why I have not reproved you for your unfitial conduct during all these years: it was in order that you should not leave me and go and join Esau, my wicked brother”. — And on account of four things one should not reprove a person except shortly before one's death: that one should not reprove him and again have to reprove him; and that his fellow whom he reproves should not. when he afterwards happens to see him, feel ashamed before him, etc.; as it is set forth in Siphre. And similarly, Joshua reproved Israel only shortly before his death (cf. Joshua 24:1—29), and so, too, Samuel, as it is said, (I Samuel 12:3) “Behold, testify against me”, and so, also, David reproved his son Solomon only shortly before his death (cf. 1 Kings 2:1—9).
h.אחרי הכתו AFTER HE HAD SMITTEN [SIHON] — Moses said: If I reprove them before they enter at least a part of the land, they will say, “What claim has this man upon us? What good has he ever conferred upon us? He only comes (his purpose is only) to vex us and to discover some pretext for leaving us in the wilderness, for he really has not the power to bring us into the land” On this account he waited until he had defeated Sihon and Og before them and had given them possession of their land — and only after that did he reprove them (Sifrei Devarim 3:2).
h.סיחן … אשר יושב בחשבון [AFTER HE HAD SMITTEN] SIHON … WHO DWELT IN HESHBON — Even if Sihon himself had not been difficult to defeat, but had resided at Heshbon, he would have been difficult to defeat, because the city was a difficult one to capture: and if it had been a matter of some other city, but Sihon had resided in it, it would have been difficult to capture, because its king, at least, would have been difficult to defeat. How much more was this so now when the king was difficult to defeat and the land difficult to capture (Sifrei Devarim 3:3; cf. Rashi on Numbers 21:23).
h.אשר יושב בעשתרת [AND OG] WHO DWELT AT ASHTAROTH — here, too, the king was difficult to defeat and the city difficult to capture (Sifrei Devarim 3:4).
h.עשתרת — This is an expression denoting rocks and anything hard, just as (Genesis 14:5) “Ashtaroth Karnaim”, (i.e. the hard rocks of Karnaim) (Sifrei Devarim 3:5)). And indeed this Ashtaroth is identical with Ashtaroth Karnaim where the Rephaim (the giants) were, whom Amraphel smote, as it is said, (Genesis 14:5) “And they smote the Rephaim in Ashtaroth Karnaim“. Og, alone, escaped of them, and that is the meaning of what is stated, (Genesis 14:13; cf. Rashi) “And the one who escaped (הפליט) came”, for it further states, (Deuteronomy 3:11) “For only Og, king of Bashan, remained of the remnant of the Rephaim”,
h.באדרעי IN EDREI — the name of the royal city.
h.הואיל means HE BEGAN, just as (Genesis 18:27) “Behold, now I have begun (הואלתי)” (cf. Sifrei Devarim 4:1).
h.באר את התורה [MOSES BEGAN] TO EXPLAIN THIS LAW — in the seventy languages of the ancient world did he explain it to them (Midrash Tanchuma, Devarim 2; Genesis Rabbah 49; cf. Sotah 32a and Rashi on Deuteronomy 27:8).
h.רב לכם שבת — Explain this according to its plain sense: YE HAVE DWELT LONG ENOUGH [IN THIS MOUNT]. — But there is an Agadic explanation: He has given you much distinction and reward for your having dwelt in this mount: you made the Tabernacle, the candlestick and the other sacred articles, you received the Torah, you appointed a Sanhedrin for yourselves, captains over thousands and captains over hundreds (cf. Sifrei Devarim 5:2).
h.פנו וסעו לכם TURN YOU AND JOURNEY — this was the journey to Arad and Hormah mentioned in Numbers 21:1—3.
h.ובאו הר האמרי — Understand this according to what it literally implies.
h.ואל כל שכניו AND TO ALL ITS NEIGHBOURING PLACES — Ammon, and Moab, and Mount Seir.
h.בערבה IN THE PLAIN — this is the plain of the forest.
h.בהר IN THE MOUNTAIN — this is the King’s mountain.
h.ובשפלה AND IN THE LOW LAND — this is the low land of the south country.
h.ובנגב ובחוף הים AND IN THE SOUTH COUNTRY AND BY THE SEA COAST — Ashkelon and Gaza and Caesarea, etc., all as is stated in Sifrei Devarim 6:1.
h.עד הנהר הגדל TO THE GREAT RIVER [THE RIVER EUPHRATES] — Because it is mentioned in connection with the Land of Israel, it terms it “great”. A popular proverb says: A king’s servant is a king, attach yourself to a captain and people will bow down to you; go near to an anointed (a distinguished) person and you become anointed (distinguished) yourself (cf. Rashi on Shevuot 47b and Genesis 15:18).
h.ראה נתתי SEE, I HAVE GIVEN [THE LAND BEFORE THEE] — With your own eyes do you see this: I do not tell you this by conjecture or hearsay (Sifrei Devarim 7).
h.באו ורשו GO IN AND POSSESS [THE LAND] — There is no one who will contest the matter, and you will not need to wage war. Indeed, had they not sent the spies, but had trusted in God's promise, they would not have needed weapons of war (cf. Sifrei Devarim 7).
h.לאבתיכם [THE LAND WHICH THE LORD SWORE] UNTO YOUR FATHERS … [TO GIVE TO THEM] — Why does he further mention their names: to Abraham, to Isaac, and to Jacob? But it is to suggest the following: The merit of Abraham would itself suffice, that of Isaac would itself suffice, that of Jacob would itself suffice, that I should give the land to you (cf. Sifrei Devarim 8:1; see also Rashi on Leviticus 26:42).
h.ואמר אלכם בעת ההוא לאמר AND I SPAKE UNTO YOU AT THAT TIME, SAYING — What is the force of לאמר, (lit., to say. i.e. being bidden to say)? Moses, in effect, said unto them: Not of myself do I tell you that I am not able to bear you, but by the bidding of the Holy One, blessed be He (Sifrei Devarim 9:1),
h.לא אוכל לבדי וגו׳ I AM NOT ABLE [TO BEAR YOU] ALONE — Is it possible that Moses was not able to judge Israel? The man who brought them forth from Egypt, and divided the sea for them, and made the Manna fall, and collected the quails, was not he able to judge them?! But thus did he say unto them, ה' אלהיכם הרבה אתכם THE LORD YOUR GOD HATH MADE YOU GREAT (הרבה) — He has made you superior to and has placed you higher than your judges, inasmuch as He takes the punishment off you and places it upon your judges if they could have prevented your wrongdoing and did not do so. Solomon made a similar statement (namely that the Jewish judge may easily make himself liable to punishment): “For who is able to judge this thy grievous people?” (1 Kings 3:9). Is it possible that he of whom it is said, (1 Kings 5:11) “He was wiser than all men”, should say, “Who is able to judge”? But this did Solomon mean: The judges of this people are not like the judges of other peoples, for if one of the latter gives judgment and wrongly sentences a person to death by the sword, or to flagellation, or to strangulation, or wrests his justice and thus robs him of his due, it is regarded as of little importance (lit., there is nothing at all in that); I, however, if I unjustly sentence a person to pay even a sum of money, my life is required of me, as it is said, (Proverbs 22:23) “And He robs of their life those who rob them” (Sifrei Devarim 9:2; Sanhedrin 7a).
h.והנכם היום ככוכבי השמים AND, BEHOLD, YE ARE THIS DAY AS THE STARS OF THE HEAVEN — But were they that day as the stars of the heaven? Were they not, indeed, only sixty myriads? What, then, is the meaning of “And, behold, ye are this day (היום lit., the day)”? It means: Behold ye may be compared to the day (the sun), existing for ever just as the sun and the moon and the stars (cf. Sifrei Devarim 10:1).
h.יסף עליכם ככם אלף פעמים MAY HE ADD TO YOU A THOUSAND TIMES AS MANY MORE AS YE ARE — What is the force of saying further: ויברך אתכם כאשר דבר לכם AND MAY HE BLESS YOU EVEN AS HE HATH SPOKEN CONCERNING YOU? But the explanation is: They said to him, “Moses, you are setting a limit to our blessings (only a thousand times)! The Holy One, blessed be He, has already made a boundless promise to Abraham (Genesis 13:16) “… if one can count [the dust of the earth, then can thy seed also be counted]“! Moses replied to them: This (a thousand times) is from me (it is my blessing); but may He bless you even as He hath spoken concerning you!” (Sifrei Devarim 11).
h.איכה אשא לבדי HOW CAN I MYSELF ALONE BEAR [YOUR CUMBRANCE, etc.]? — If I were to say, “I will do so in order to receive a reward for it”, I may not do so. This is what I have already said to you: not of myself do I tell you that I am not able to bear you, but by the bidding of the Holy One, blessed be He (see Rashi v. 9).
h.טרחכם YOUR CUMBRANCE — Moses' use of this word regarding them teaches us that the Israelites were troublesome: if one of them perceived that his opponent in a law suit was about to be victor in the case he would say: I have witnesses to bring, further proof to adduce, I will add judges to you who are sitting (Sifrei Devarim 12:1).
h.ומשאכם YOUR BURDEN — this teaches that they were Epicorsim (that they treated the judges with scant respect): if Moses went forth early from his tent they said, “Why does the son of Amram leave so early? Perhaps he is not at ease at home?“ If he left late, they said, “What do you think? He is sitting and devising evil schemes against you, and is plotting against you” (Sifrei Devarim 12:2).
h.וריבכם AND YOUR STRIFE — this teaches that they were always contentious (Sifrei Devarim 12:3).
h.הבו לכם means GET YOURSELVES READY for the matter (cf. Rashi on Genesis 11:3).
h.אנשים MEN — But would it enter your mind that he would take women? Why then does it state here men? It means that he should take righteous, desirable men (cf. Sifrei Devarim 13:2).
h.חכמים ונבנים WISE AND UNDERSTANDING [MEN] — i.e. men who can understand a matter out of (i.e. by comparison with) another matter. — This is what Arius asked R. Jose: what is the difference between wise men and understanding men? A wise man is like a rich money changer: when people bring him dinars to examine (to value) he examines them; and when they do not bring to him, he sits and does nothing (he does not go out to seek any). An understanding man, however, is like a merchant money changer: when they bring him coins to examine, he examines them; and when they do not bring to him, he goes about and brings of his own money (i.e. he himself buys coins) (cf. Sifrei Devarim 13:3).
h.וידעים לשבטיכם AND [MEN] KNOWN AMONGST YOUR TRIBES — i.e. men who are known to you. For if he were to come before me wrapped in his robe, “I“ would not know who he is and of what tribe he is, and whether he is fitted for the office: but you know him for you have been brought up with him. On this account it states: known amongst your tribes (Sifrei Devarim 13:4).
h.בראשיכם [AND I WILL PLACE THEM] AT YOUR HEADS — as chiefs and persons honoured by you., i.e., that ye should pay them respect and reverence.
h.ואשמם — This word lacks the letter י (after the ש: our editions, however, have it): this teaches that Israel's transgressions (אשם) are placed upon the heads of their judges, because it is their duty to prevent them from sinning, and to direct them into the right path (Sifrei Devarim 13:6).
h.ותענו אתי וגו׳ AND YE ANSWERED ME, etc. — You at once decided the matter to your benefit. You should really have replied: Our teacher, Moses! From whom is it more fitting to learn, from you or from your disciple? Is it not from you who have taken such pains about it? But I knew your thoughts: you said, “Many judges will now be appointed over us; if one of them does not happen to be an acquaintance of ours, we shall bring him a gift and he will show us favour (Sifrei Devarim 14).
h.לעשות TO DO — If I showed myself remiss, you said: act quickly (Sifrei Devarim 14).
h.ואקח את ראשי שבטיכם SO I TOOK THE HEADS OF YOUR TRIBES — I took them by fine words: Happy are you! Over whom are you about to be appointed? Over the sons of Abraham, Isaac and Jacob — over the sons of people who are called God's brethren and friends, God's portion and inheritance and to whom is applied every other expression denoting affection (Sifrei Devarim 15:1; cf. Targum Jonathan).
h.אנשים חכמים וידעים [AND I TOOK] MEN, WISE AND KNOWN — but understanding men I could not find (Nedarim 20b). This, too, was one of the seven qualifications which Jethro mentioned to Moses, but he found only three: men, i.e. righteous men, wise and known (Sifrei Devarim 15:2).
h.ראשים עליכם [AND I MADE THEM] HEADS OVER YOU — i.e. that you should pay them respect — regard them as first in buying, first in selling, first in all matters of business — coming into the Synagogue and House of Study last and leave first (so that all should rise out of respect) (cf. Sifrei Devarim 15:3).
h.שרי אלפים means, one officer who is appointed over one thousand.
h.שרי מאות means, one who is appointed over one hundred.
h.ושטרים AND COURT-OFFICERS — i.e., and also I appointed court-officers over you, לשבטיכם ACCORDING TO YOUR TRIBES — these are they who bind and flog with the lash at the bidding of the judges (cf. Sifrei Devarim 15:5).
h.ואצוה את שפטיכם AND I COMMANDED YOUR JUDGES — I said to them: be deliberate in judgment: if a certain point of law comes before you once, twice, three times, do not say, “This point of law has already come before me several times”, but discuss it well on that occasion also (Sifrei Devarim 16:1).
h.בעת ההוא [AND I COMMANDED YOUR JUDGES] AT THAT TIME — As soon as I appointed them, I said to them, “It is not now as heretofore: heretofore you were your own masters (lit., under your own control), now you are in the service of the Community!” (Sifrei Devarim 16:2).
h.שמע — This grammatical form expresses constant doing: oyant in old French, be hearing, just as זכור and שמור (see Rashi on Numbers 25:17).
h.ובין גרו AND BETWEEN HIS גר — this is his opponent in the lawsuit who merely heaps up (אוגר) words against him. Another explanation of AND BETWEEN HIS גר — also in a matter concerning a dwelling house (גור = to dwell), — in the division of property amongst brothers, even if it be a dispute about an oven and a kitchen range (cf. Sifrei Devarim 16:8-9; Sanhedrin 7b).
h.לא תכירו פנים במשפט YE SHALL NOT RESPECT PERSONS IN JUDGMENT — This is addressed to him whose office it is to appoint judges — that he should not say, Mr. So-and-so is a fine or a strong man, I will make him a judge; Mr. So-and-so is my relative, I will make him a judge in the city, — while in reality he is not expert in the laws, and consequently he will condemn the innocent and acquit the guilty — I will account it unto him who appointed him as though he had shown favor in judgment (Sifrei Devarim 17:1).
h.כקטן כגדל תשמעון YE SHALL HEAR THE SMALL AS WELL AS THE GREAT, i.e. that a lawsuit regarding a peruta shall be as dear to you (shall be as of equal importance) as a lawsuit regarding a hundred maneh — that if it (the former) comes before you first, you should not set it aside until the last (Sanhedrin 8a). — Another explanation of YE SHALL HEAR THE SMALL AS WELL AS THE GREAT — Understand it as the Targum has it: Ye shall hearken unto the words of the small as to those of the great — i.e. that you should not say: This is a poor man and his fellow (opponent) is rich, and is in any case bidden to support him; I will find in favour of the poor man, and he will consequently obtain some support in a respectable fashion (see Rashi on Leviticus 19:15). — Another explanation is: that you should not say, “How can I offend against the honour of this rich man because of one dinar? I will for the moment decide in his favour, and when he goes outside (leaves the court) I will say to him, ‘Give it to him because in fact you owe it to him'” (Sifrei Devarim 17:3).
h.לא תגורו מפני איש means: YE SHALL NOT FEAR [ANY MAN]. — Another explanation of לא תגורו: Ye shall not gather in (shall not restrain) your words before any man. The word has the same meaning as in (Proverbs 10:5), “Gathering (אוגר) in summer” (cf. Sanhedrin 8a).
h.כי המשפט לאלהים הוא FOR THE JUDGMENT IS GOD’S — Whatever you take from this man unjustly you will compel Me to restore to him; it follows, therefore, that you have wrested judgment against Me (Sanhedrin 8a).
h.תקרבון אלי [AND THE CAUSE THAT IS TOO HARD FOR YOU] BRING TO ME [AND I WILL HEAR IT] — On account of this utterance (that he could decide difficult cases) the law regarding the daughters of Zelophehad evaded him (Sanhedrin 8a; see Rashi on Numbers 27:5). Similarly, Samuel said to Saul (I Samuel 9:19), “I” am the seer. Whereupon the Holy One, blessed be He, said to him, “By your life, I will let you know that you are not a seer”. And when did he let him know this? When he came to anoint David. For Scripture states, (I Samuel 16:6, 7) “And when he saw Eliab he said, Surely before the Lord stands his anointed one”. The Holy One, blessed be He, said to him: “Did you not say, “I” am the seer? Look not at the outward appearance” (Sifrei Devarim 17:7).
h.את כל הדברים אשר תעשון [AND I COMMANDED YOU …] ALL THE THINGS THAT YE SHOULD DO — These are the ten things that constitute the difference between civil cases and capital cases (Sifrei Devarim 18:1; cf. Sanhedrin 32a).
h.המדבר הגדול והנורא [THAT]. GREAT AND FEARFUL WILDERNESS — [It is termed fearful] because there were in it serpents thick as beams and scorpions as bows (Sifrei Devarim 18:2).
h.ותקרבון אלי כלכם AND YE APPROACHED ME ALL OF YOU — all of you: in a crowd. But further on (Deuteronomy 5:20, 21) it states, “Ye approached me, even all the heads of your tribes, and your elders, and ye said, Behold [the Eternal our God] hath shown us [His glory and His greatness]’’: That approach to me was a fitting one — young people showing respect to their elders, letting these precede them, and the elders showing respect to the heads of the tribes that these should precede them. Here, however, ye approached me, all of you, in a crowd, the young pushing aside their olders, the elders pushing aside the heads (Sifrei Devarim 20:1).
h.וישבו אתנו דבר AND THEY SHALL BRING US WORD — i.e. they shall report to us in what language they speak (Sifrei Devarim 20:3).
h.את הדרך אשר נעלה בה BY WHAT WAY WE MUST GO UP — you will rarely find a road in which there is not some zigzag course (Sifrei Devarim 20:4).
h.ואת הערים אשר נבא אליהן AND UNTO WHAT CITIES WE SHALL COME first to capture them (cf. Sifrei Devarim 20:5).
h.וייטב בעיני הדבר AND THE MATTER WAS GOOD IN MY SIGHT — in my sight, said Moses, but not in the sight of the Omnipresent God. — But if it was good in Moses' sight why did he mention it in these reproofs? A parable! It may he compared to the case of a man who says to his fellow, “Sell me this ass of yours”. He replies to him, “Yes”. He asks him, “Will you give it to me on trial?” He replies: “Yes”. — “May I try it on hills and mountains?” Again he replies, “Yes” — When he sees that he puts no obstacles in his way, the would-be purchaser says to himself: “This man is quite confident that I shall not find any defect in it”, and he at once says to him, “Take your money, I need not now put it to trial”. I, too, consented to your words, thinking that you would perhaps turn back on yourselves (re-consider the question of sending spies) when you saw that I put no obstacle in your way, but you did not re-consider (Sifrei Devarim 21:1).
h.ואקח מכם AND I TOOK OF YOU — of the choicest that were amongst you, of the finest that were amongst you (Sifrei Devarim 21:2).
h.שנים עשר אנשים איש אחד לשבט [AND I TOOK] … TWELVE MEN, ONE MAN FOR A TRIBE — This (the statement: “twelve men”) tells us that the tribe of Levi was not with them in this request (Sifrei Devarim 21:3; cf. Rashi on Numbers 31:4).
h.עד נחל אשכל [AND THEY CAME] TO THE BROOK OF ESHCOL — This tells us that it was so called on account of what was eventually, to happen there [— that they took from there a cluster (אשכל) of grapes] (Sifrei Devarim 22:2).
h.וירגלו אתה AND THEY SPIED IT OUT — This teaches as that they passed through it along four lines, along the length and the breadth (Sifrei Devarim 22:3; cf. Rashi on Numbers 13:21).
h.ויורדו אלינו AND THEY BROUGHT IT DOWN TO US — This tells us that the land of Israel is situated higher than all other countries (Sifrei Devarim 23:2).
h.ויאמרו טובה הארץ AND THEY SAID, THE LAND IS GOOD — Who were they who spoke of it being good? Joshua and Caleb (Sifrei Devarim 23:3).
h.ותמרו — This is an expression denoting setting oneself in opposition: ye opposed yourselves to His words.
h.ותרגנו — This is an expression denoting slander. Similar is, (Proverbs 18:8) “The words of a נרגן” i.e. of a man who brings a false report (Sifrei Devarim 24:1).
h.בשנאת ה׳ אתנו BECAUSE THE LORD HATETH US — Really, however, He loved you, but you hated Him. A common proverb says: What is in your own mind about your friend, you imagine is what is in his mind about you (Sifrei Devarim 24:3).
h.בשנאת ה' אתנו הוציאנו מארץ מצרים BECAUSE THE LORD HATETH US HE HATH BROUGHT US FORTH FROM THE LAND OF EGYPT — His bringing us forth was out of hatred. A parable! It may be compared to an earthly king who had two sons, and who had two fields, one well-watered; the other arid (dependent upon rain only). To him whom he loved best of his sons he gave the well-watered field, and to him whom he loved less he gave the arid one. The land of Egypt is a well-watered country, for the Nile rises and irrigates it, whilst the land of Canaan is an arid country — and He brought us forth from well-watered Egypt to give us the arid land of Canaan (Numbers Rabbah 17:3).
h.ערים גדלת ובצורת בשמים THE CITIES ARE GREAT AND FORTIFIED TO HEAVEN — Scriptural texts sometimes speak in exaggerated terms (Sifrei Devarim 25:4; Chullin 90b).
h.לא תערצון — This is an expression denoting breaking, as the Targum translates it: You should not let yourselves be broken by them. Similar to it is, (Job 30:6) “To dwell in ערוץ נחלים”, i.e. in the fissure of the valleys.
h.ילחם לכם means, [HE WILL FIGHT] ON YOUR BEHALF.
h.ובמדבר אשר ראית — This is to be connected with the verse preceding: “according to all that He did for you in Egypt” “and” which He also did “in the wilderness, where thou hast seen how that [the Lord thy God] bore thee, etc.
h.כאשר ישא איש את בנו AS A MAN DOTH BEAR HIS SON — The meaning is just as I have explained in connection with the verse (Exodus 14:19—20), “And the angel of the Lord that went before the camp of the Israelites moved, etc.”. A parable! It may be compared to one who is proceeding on a journey, his son walking in front of him. If bandits come to kidnap him (the son), he takes him away from in front of him and places him behind himself, etc.
h.ובדבר הזה YET IN REGARD TO THIS THING that He promised you, viz., to bring you to the Land, you did not believe in Him (because the promise has not yet been fulfilled).
h.לראתכם — This word is the same as לְהַרְאֹתְכֶם. Similar, too, is לנחתם הדרך (like לְהַנְחֹתָם; see Rashi on Exodus 13:21). So also (Psalms 26:7) לשמיע בקול תודה [like לְהַשְׁמִיעַ], also, (2 Kings 9:15) ללכת לגיד ביזרעל [like לְהַגִּיד]
h.אשר דרך בה [AND TO HIM WILL I GIVE THE LAND] THAT HE TROD UPON — viz., Hebron, as it is said, (Numbers 13:22) “And he (Caleb) came to Hebron”.
h.התאנף means HE WAS FILLED WITH ANGER.
h.פנו לכם TURN YE — I thought to let you pass across the breadth of the land of Edom in a northerly direction and thus enter the Land (cf. Rashi on Numbers 34:3); you, however, became degenerate and caused this delay for yourselves.
h.פנו לכם TURN YE backwards, and proceed through the wilderness towards the Red Sea; — for the wilderness through which they were travelling was to the south of Mount Seir separating the Red Sea from Mount Seir. — Now proceed in the direction of the Sea and travel round Mount Seir along the whole of its south side from the west to the east.
h.ותהינו — This is an expression derived from the word הננו in (Numbers 14:40) “Here we are (הננו) and we will go up to the place”. This is the expression which you uttered — the expression הן, “yes”. The word, therefore, means as much as: you expressed your readiness to go up into the mountain.
h.לא תעלו “GO NOT UP” — There will be no “ascent” for you, but only a descent (defeat) (cf. Rashi on Numbers 16:12 and Numbers Rabbah 17:3).
h.כאשר תעשינה הדברים [AND THEY PURSUED YOU] AS BEES DO — Just as a bee when it stings a person it dies immediately, similarly they (the Amorites): when they attacked you they died immediately (Numbers Rabbah 17:3).
h.ולא שמע ה' בקלכם BUT THE LORD WOULD NOT HEAR YOUR VOICE — If it is at all possible to say so of God, you made His attribute of mercy as though it were cruel (Numbers Rabbah 17:3).
h.ותשבו בקדש ימים רבים SO YE ABODE IN KADESH MANY DAYS — viz., nineteen years, as it is said here כימים אשר ישבתם, ACCORDING TO THE DAYS THAT YE ABODE, i.e. abode at all the other stations. They (the total years) were thirtyeight years; nineteen of them they spent at Kadesh, and nineteen years they went moving about aimlessly, and then they returned to Kadesh, as it is said, (Numbers 32:13) “And he made them move about in the wilderness”. — Thus have I found in Seder Olam 8.