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1 If one be found slain in the land which the Lord thy God giveth thee to possess it, lying in the field, and it be not known who hath slain him:

2 Then thy elders and thy judges shall come forth, and they shall measure unto the cities which are round about him that is slain:

3 And it shall be, that the city which is next unto the slain man, even the elders of that city shall take an heifer, which hath not been wrought with, and which hath not drawn in the yoke;

4 And the elders of that city shall bring down the heifer unto a rough valley, which is neither eared nor sown, and shall strike off the heifer's neck there in the valley:

5 And the priests the sons of Levi shall come near; for them the Lord thy God hath chosen to minister unto him, and to bless in the name of the Lord; and by their word shall every controversy and every stroke be tried:

6 And all the elders of that city, that are next unto the slain man, shall wash their hands over the heifer that is beheaded in the valley:

7 And they shall answer and say, Our hands have not shed this blood, neither have our eyes seen it.

8 Be merciful, O Lord, unto thy people Israel, whom thou hast redeemed, and lay not innocent blood unto thy people of Israel's charge. And the blood shall be forgiven them.

9 So shalt thou put away the guilt of innocent blood from among you, when thou shalt do that which is right in the sight of the Lord.

10 When thou goest forth to war against thine enemies, and the Lord thy God hath delivered them into thine hands, and thou hast taken them captive,

11 And seest among the captives a beautiful woman, and hast a desire unto her, that thou wouldest have her to thy wife;

12 Then thou shalt bring her home to thine house, and she shall shave her head, and pare her nails;

13 And she shall put the raiment of her captivity from off her, and shall remain in thine house, and bewail her father and her mother a full month: and after that thou shalt go in unto her, and be her husband, and she shall be thy wife.

14 And it shall be, if thou have no delight in her, then thou shalt let her go whither she will; but thou shalt not sell her at all for money, thou shalt not make merchandise of her, because thou hast humbled her.

15 If a man have two wives, one beloved, and another hated, and they have born him children, both the beloved and the hated; and if the firstborn son be hers that was hated:

16 Then it shall be, when he maketh his sons to inherit that which he hath, that he may not make the son of the beloved firstborn before the son of the hated, which is indeed the firstborn:

17 But he shall acknowledge the son of the hated for the firstborn, by giving him a double portion of all that he hath: for he is the beginning of his strength; the right of the firstborn is his.

18 If a man have a stubborn and rebellious son, which will not obey the voice of his father, or the voice of his mother, and that, when they have chastened him, will not hearken unto them:

19 Then shall his father and his mother lay hold on him, and bring him out unto the elders of his city, and unto the gate of his place;

20 And they shall say unto the elders of his city, This our son is stubborn and rebellious, he will not obey our voice; he is a glutton, and a drunkard.

21 And all the men of his city shall stone him with stones, that he die: so shalt thou put evil away from among you; and all Israel shall hear, and fear.

22 And if a man have committed a sin worthy of death, and he be to be put to death, and thou hang him on a tree:

23 His body shall not remain all night upon the tree, but thou shalt in any wise bury him that day; (for he that is hanged is accursed of God;) that thy land be not defiled, which the Lord thy God giveth thee for an inheritance.

h.ויצאו זקניך THEN THE ELDERS [AND THE JUDGES] SHALL GO FORTH — i.e. the distinguished amongst thy elders, these are the Great Sanhedrin (Sotah 44b).

h.ומדדו AND THEY SHALL MEASURE — from the place where the corpse lies,

h.אל הערים אשר סביבת החלל UNTO THE CITIES WHICH ARE ROUND ABOUT HIM THAT IS SLAIN — in every direction, in order to ascertain which is the nearest.

h.אל נחל איתן UNTO A VALLEY WHICH IS איתן — which is hard; i.e. one that has never been tilled (Sifrei Devarim 207:2; Sotah 45b).

h.וערפו AND THEY SHALL STRIKE OFF [THE HEIFER’S] NECK — i.e. one breaks its neck with a hatchet. The Holy One, blessed be He, says, as it were, Let a heifer which is only one year old and which therefore has brought forth no fruits (no offspring) have its neck broken at a spot (the untilled valley) which has not brought forth fruits, to expiate for the murder of him whom they did not permit further to beget children (Sotah 46a).

h.ידינו לא שפכה [AND THEY SHALL ANSWER AND SAY,] OUR HANDS HAVE NOT SHED [THIS BLOOD] — But would it enter anyone’s mind that the elders of the court are suspect of blood-shedding?! But the meaning of the declaration is: We never saw him and knowingly let him depart without food or escort (if we had seen him we would not have let him depart without these) (Sifrei Devarim 210:2; Sotah 45b). The priests thereupon say (next verse): כפר לעמך ישראל FORGIVE UNTO THY PEOPLE ISRAEL.

h.ונכפר להם הדם AND THE BLOOD SHALL BE PARDONED THEM — Scripture announces to them that when they have done this (the ceremony prescribed) their sin will be forgiven (Sotah 46a).

h.ואתה תבער BUT THOU SHALT PUT AWAY [THE GUILT OF INNOCENT BLOOD FROM AMONG YOU] — This teaches that if the murderer is found after the heifer’s neck was broken he must nevertheless be put to death, — and this is what Scripture describes as הישר בעיני ה׳ RIGHT IN THE EYES OF THE LORD (cf. Sotah 47b; Ketubot 37b and Tosafot on Ketubot 37b:16.1 ואח“כ נמצא ההורג).

h.כי תצא למלחמה WHEN THOU GOEST FORTH TO WAR — Scripture is speaking here of a war that is not obligatory upon the Israelites (Sifrei Devarim 211:1), for in regard to a war that was waged against the inhabitants of Erez Israel, Scripture could not possibly say, “and thou hast captured captives”, since it has already been stated regarding them, (Deuteronomy 20:16) “[But of the cities of those people…] you shall not allow any soul to live”.

h.ושבית שביו AND THOU HAST CAPTURED CAPTIVES — These apparently redundant words are intended to include Canaanite people living in it (in a city outside Canaan), that it is allowed to capture them although they belong to the seven nations (Sifrei Devarim 211:4; Sotah 35b).

h.אשת [AND THOU SEEST AMONG THE CAPTIVES] A WOMAN — even if she be a married woman (Sifrei Devarim 211:7; Kiddushin 21b).

h.ולקחת לך לאשה [AND THOU DELIGHTEST IN HER,] THAT THOU WOULDEST TAKE HER FOR THY WIFE) — Scripture is speaking (makes this concession) only in view of man’s evil inclination (his carnal desires) (Kiddushin 21b). For if the Holy One, blessed be He, would not permit her to him as a wife, he would nevertheless marry her although she would then be forbidden to him. However, if he does marry her, in the end he will hate her, for Scripture writes immediately afterwards, (v. 15) “If a man have two wives, one beloved, and another hated, etc.” and ultimately he will beget a refractory and rebellious son by her (v. 18). It is for this reason that these sections are put in juxtaposition (Midrash Tanchuma, Ki Teitzei 1).

h.ועשת את צפרניה means, AND SHE SHALL LET GROW HER NAILS — She must let them grow, so that she should becomes repulsive to her captor (cf. Sifrei Devarim 212:4; Yevamot 48a; see also Rashi on Genesis 1:7 and our Note thereon).

h.והסירה את שמלת שביה AND SHE SHALL REMOVE THE RAIMENT OF HER CAPTIVITY — the reason is because these are fine clothes, for the women of the heathen peoples adorned themselves in time of war in order to lure others (the enemy) to unchastity with them (Sifrei Devarim 213:1).

h.וישבה בביתך AND SHE SHALL DWELL IN “THY” HOUSE — [not in the women’s apartments, but] in the house which he constantly uses: when he goes in he stumbles upon her, when he leaves he stumbles upon her (i.e. he cannot avoid meeting her constantly and the novelty of her beauty wears off); he sees her endless crying, sees her neglected appearance — and all this in order that she should become repulsive to him (Sifrei Devarim 213:2).

h.ובכתה את אביה AND SHE SHALL WEEP FOR HER FATHER [AND HER MOTHER A FULL MONTH] — Why all this? In order to make a contrast — that while the Jewish woman (the captor’s Jewish wife) is gladsome, she should be downhearted, while the Jewish woman adorns herself, this one should bear a neglected appearance (Sifrei Devarim 213:5).

h.והיה אם לא חפצת בה AND IT SHALL BE, IF THOU ART NOT PLEASED WITH HER — Scripture tell you that you will in the end hate her (Sifrei Devarim 214:1).

h.לא תתעמר בה means; THOU SHALT NOT USE HER AS A SLAVE. In the Persian language slavery and servitude is termed עימראה. I learned this from the work of R. Moses the Preacher.

h.פי שנים A DOUBLE PORTION — i.e. a portion equal to those of two brothers together (Sifrei Devarim 217:2-4).

h.בכל אשר ימצא לו [BUT HE SHALL ACKNOWLEDGE THE SON OF THE HATED FOR THE FIRSTBORN, BY GIVING HIM A DOUBLE PORTION] OF ALL THAT SHALL BE FOUND WITH HIM — From here the Rabbis derived the law that the firstborn does not receive a double share of what is due to come after the death of the father (as, e.g., a debt or a legacy that were payable to his father on a certain date, before which, however, the father died — technically termed ראוי), as he does of what is actually held in possession by the father (מוחזק) (Sifrei Devarim 217:6; Bekhorot 51b).

h.סורר (from the root סור to deviate) means, one who deviates from the proper path of life.

h.ומורה means, one who is disobedient to the words of his father, of the same meaning as ממרים in the phrase (Deuteronomy 9:7) “ממרים הייתם”, “ye have been rebellious”.

h.ויסרו אתו AND THEY SHALL CHASTISE HIM — admonish him in the presence of three people, and if he still remains refractory they cause him to be lashed through the court (Sanhedrin 71a; cf. Sifrei Devarim 218:11). The refractory and rebellious son is not liable to the death penalty until he proves to be a thief and eats at one meal a “tartemar” (a weight of half a Maneh) flesh and drinks half a Log wine, for it is said of him, (v. 20) זולל וסבא, and in another passage (Proverbs 23:20) it says: “Do not be among wine-guzzlers (בְסֹבְאֵי-יָיִן), among gluttonous eaters of meat” (Sanhedrin 70a; cf. Sifrei Devarim 219:4). — The refractory and rebellious son is put to death on account of the final course his life must necessarily take (not because his present offence is deserving death); — the Torah has fathomed his ultimate disposition: in the end he will squander his fathers property and seeking in vain for the pleasures to which he has been accustomed, he will take his stand on the crossroads and rob people, and in some way or other make, himself liable to the death penalty. Says the Torah, “Let him die innocent of such crimes, and let him not die guilty of them” (Sifrei Devarim 220:3; Sanhedrin 72a).

h.וכל ישראל ישמעו ויראו AND ALL ISRAEL SHALL HEAR AND FEAR — From here we derive the law that his execution requires public announcement by the court: “The man named so-and-so is stoned because he was a refractory and rebellious son” (Sanhedrin 89a).

h.וכי יהיה באיש חטא משפט מות AND IF THERE BE IN A MAN A SIN DESERVING THE JUDGMENT OF DEATH — The juxtaposition of these sections (this and that of the rebellious son) tells us that if father and mother spare him (the rebellious son), he will in the latter end turn to mischief and commit sins for which he will become liable to the death penalty by the court (cf. Midrash Tanchuma, Ki Teitzei 1).

h.ותלית אתו על עץ [AND IF THERE BE IN A MAN A SIN DESERVING THE JUDGMENT OF DEATH] THOU SHALT HANG HIM ON A TREE — Our Rabbis said, All those who have to be put to death by stoning must afterwards be hanged, for it is said here (v. 23) “for cursing of God ends in hanging”, and we are told that one who curses God is punished with stoning (cf. Leviticus 24:15—16; Sanhedrin 45b).

h.כי קללת אלהים תלוי FOR HE THAT IS HANGED IS A קללת אלהים — i.e., a degradation of the Divine King, for man is made in His image and the Israelites are His children. A parable! It may be compared to the case of two twin brothers who very closely resembled each other: one became king and the other was arrested for robbery and was hanged. Whoever saw him on the gallows thought that the king was hanged (Sanhedrin 46b). — Wherever the term קללה occurs in Scripture it has the meaning of bonding in light esteem and despising, as e.g., (1 Kings 2:8) “[Shimei the son of Gera, a Benjamite of Bahurim] who cursed me with a severe curse (קללני קללה נמרצת)” (cf. II Samuel 16:5—8).