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nsv:torah:deuteronomy_23

Deuteronomy 23

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Deuteronomy 23

1 He that is wounded in the stones, or hath his privy member cut off, shall not enter into the congregation of the Lord.

2 A bastard shall not enter into the congregation of the Lord; even to his tenth generation shall he not enter into the congregation of the Lord.

3 An Ammonite or Moabite shall not enter into the congregation of the Lord; even to their tenth generation shall they not enter into the congregation of the Lord for ever:

4 Because they met you not with bread and with water in the way, when ye came forth out of Egypt; and because they hired against thee Balaam the son of Beor of Pethor of Mesopotamia, to curse thee.

5 Nevertheless the Lord thy God would not hearken unto Balaam; but the Lord thy God turned the curse into a blessing unto thee, because the Lord thy God loved thee.

6 Thou shalt not seek their peace nor their prosperity all thy days for ever.

7 Thou shalt not abhor an Edomite; for he is thy brother: thou shalt not abhor an Egyptian; because thou wast a stranger in his land.

8 The children that are begotten of them shall enter into the congregation of the Lord in their third generation.

9 When the host goeth forth against thine enemies, then keep thee from every wicked thing.

10 If there be among you any man, that is not clean by reason of uncleanness that chanceth him by night, then shall he go abroad out of the camp, he shall not come within the camp:

11 But it shall be, when evening cometh on, he shall wash himself with water: and when the sun is down, he shall come into the camp again.

12 Thou shalt have a place also without the camp, whither thou shalt go forth abroad:

13 And thou shalt have a paddle upon thy weapon; and it shall be, when thou wilt ease thyself abroad, thou shalt dig therewith, and shalt turn back and cover that which cometh from thee:

14 For the Lord thy God walketh in the midst of thy camp, to deliver thee, and to give up thine enemies before thee; therefore shall thy camp be holy: that he see no unclean thing in thee, and turn away from thee.

15 Thou shalt not deliver unto his master the servant which is escaped from his master unto thee:

16 He shall dwell with thee, even among you, in that place which he shall choose in one of thy gates, where it liketh him best: thou shalt not oppress him.

17 There shall be no whore of the daughters of Israel, nor a sodomite of the sons of Israel.

18 Thou shalt not bring the hire of a whore, or the price of a dog, into the house of the Lord thy God for any vow: for even both these are abomination unto the Lord thy God.

19 Thou shalt not lend upon usury to thy brother; usury of money, usury of victuals, usury of any thing that is lent upon usury:

20 Unto a stranger thou mayest lend upon usury; but unto thy brother thou shalt not lend upon usury: that the Lord thy God may bless thee in all that thou settest thine hand to in the land whither thou goest to possess it.

21 When thou shalt vow a vow unto the Lord thy God, thou shalt not slack to pay it: for the Lord thy God will surely require it of thee; and it would be sin in thee.

22 But if thou shalt forbear to vow, it shall be no sin in thee.

23 That which is gone out of thy lips thou shalt keep and perform; even a freewill offering, according as thou hast vowed unto the Lord thy God, which thou hast promised with thy mouth.

24 When thou comest into thy neighbour's vineyard, then thou mayest eat grapes thy fill at thine own pleasure; but thou shalt not put any in thy vessel.

25 When thou comest into the standing corn of thy neighbour, then thou mayest pluck the ears with thine hand; but thou shalt not move a sickle unto thy neighbour's standing corn.

Notes

Cross Reference

Commentary

Rashi

Verse 1

h.לא יקח — This does not mean “he shall not take” but “he cannot take” his father’s wife: there can be no question of a legal marriage for him in regard to her, because the marriage ceremony (קדושין) has no legal hold on her (cannot make her his wife: it is no marriage) (Kiddushin 67b; cf. Rashi on Kiddushin 67b s. v. לא יקח)

h.ולא יגלה כנף אביו AND HE SHALL NOT UNCOVER HIS FATHER’S SKIRT — This refers to the שומרת יבם of his father (the widow of his father’s brother who died without issue, and who is waiting (שומרת) for her brother-in-law (יבם) either to marry her or to put her through the ceremony of release, חליצה), who is thus destined for his father. But has he not already been prohibited about her (i.e. forbidden to marry her) on account of the law (Leviticus 18:14) “the nakedness of thy father’s brother [thou shalt not uncover]”?! But the prohibition is repeated here in order to make him transgress two negative commands if he takes her (Yevamot 4a), and in order to put into juxtaposition to it the law (v. 2) “one born of incest or adultery (ממזר) shall not come [into the assembly of the Lord]”, and thereby to teach that one is termed ממזר only if he is born from those liable to the penalty of excision on account of the intercourse between them, as is the case with one who take’s his father’s שומרת יבם, who is forbidden to him under the penalty of כרת as אשת אחי אביו; cf. Leviticus 18:14 and Leviticus 18:29 (but not if he was born of a woman intercourse with whom involves only flagellation), and it logically follows that the term applies also to one born from those liable to one of the death penalties by sentence of the court, for amongst the cases of forbidden intercourse there is none punishable with death by the sentence of the court which does not involve the penalty of excision (if it was not preceded by a warning) (Yevamot 49a; cf. also Rashi on Kiddushin 67b s. v. מהנ״מ).

Verse 2

h.פצוע דכא means, one whose stones have been bruised (פצוע) or crushed (דכא) (Sifrei Devarim 247:1).

h.וכרות שפכה means, one whose membrum has a cut in it, so that it no longer forcibly ejects a continuous flow of sperm but it pours it forth slowly, and he thus cannot beget children (Sifrei Devarim 247:2; Yevamot 75b).

Verse 3

h.לא יבא ממזר בקהל ה׳ ONE BORN IN INCEST OR ADULTERY SHALL NOT COME INTO THE ASSEMBLY OF THE LORD — i.e. he shall not marry an Israelite woman (Yevamot 78b).

Verse 4

h.לא יבא עמוני AN AMONITE [OR MOABITE] SHALL NOT COME [INTO THE ASSEMBLY OF THE LORD] — i.e. he shall not marry an Israelite woman (Yevamot 77b).

Verse 5

h.על דבר may be translated BECAUSE OF THE WORD — i.e. because of the advice which they gave you in order to entice you into sin (Sifrei Devarim 250:1).

h.בדרך IN THE WAY — when you were in a state of exhaustion (Sifrei Devarim 250:2).

Verse 7

h.לא תדרש שלמם THOU SHALT NOT SEEK THEIR PEACE [NOR THEIR GOOD] — Since it states, (v. 17) “He (the runaway slave) shall abide with you, even among you, … [where it shall be good for him]” one might think that this (a Moabite or Ammonite runaway slave) should also be treated likewise, therefore Scripture states לא תדרש שלמם THOU SHALT NOT SEEK THEIR PEACE [NOR THEIR GOOD] (Sifrei Devarim 251:2).

Verse 8

h.לא תתעב אדמי THOU SHALT NOT ABHOR AN EDOMITE utterly, although it would be proper for you to abhor him because he came out against thee with the sword (Numbers 20:18—20).

h.לא תתעב מצרי THOU SHALT NOT ABHOR AN EGYPTIAN all in all (utterly), although they cast your male children into the river. And what is the reason that you should not abhor him utterly? Because they were your hosts in time of need (during Joseph’s reign when the neighbouring countries suffered from famine); therefore although they sinned against you do not utterly abhor him, but —

Verse 9

h.בנים אשר יולדו להם דור שלישי וגומר THE CHILDREN THAT ARE BORN UNTO THEM [MAY COME INTO THE ASSEMBLY] IN THEIR THIRD GENERATION — other nations, however, since they did not sin against you may be admitted at once if they acknowledge the tenets of Judaim. — Thus you learn that he who causes a man to sin does him greater harm than if he kills him, for he who kills him, kills him only as regards this world, while he who causes him to sin puts him out of this world and the world to come. Therefore Edom, though he met them with the sword was not to be abhorred utterly, and similarly the Egyptians who drowned them (their male children), while those (the Ammonites and Moabites) who caused them to sin were to be utterly abhorred (Sifrei Devarim 252:3).

Verse 10

h.כי תצא וגו׳ ונשמרת WHEN [THE HOST] GOETH FORTH [AGAINST THINE ENEMIES], THEN KEEP THEE [FROM EVERY EVIL THING] — because Satan accuses men in time of danger (Jerusalem Talmud Shabbat 2:6; Midrash Tanchuma, Vayigash 1 on Genesis 42:4; cf. Rashi on that verse and our Note thereon).

Verse 11

h.מקרה לילה [IF THERE BE AMONG YOU ANY MAN THAT IS NOT CLEAN BY REASON OF] UNCLEANNESS THAT CHANCETH HIM BY NIGHT — By night: Scripture speaks of what usually occurs (but the law applies also if the uncleanness happens at day time) (Sifrei Devarim 255:3).

h.ויצא אל מחוץ למחנה THEN HE SHALL GO ABROAD OUT OF THE CAMP — This is a command,

h.לא יבא אל תוך המחנה HE SHALL NOT COME WITHIN THE CAMP — This is a prohibition (Sifrei Devarim 255:4). He is forbidden to enter the “camp of the Levites”, and all the more so, the “camp of the Shechinah”. (cf. Sifrei Devarim 255:5; Pesachim 68a and Rashi on Numbers 5:2).

Verse 12

h.והיה לפנות ערב BUT IT SHALL BE WHEN EVENING COMETH ON, [HE SHALL LAVE HIMSELF WITH WATER] — He should immerse himself close before the setting of the sun, for under no circumstances is he clean without having waited for the sunset (cf. Sifrei Devarim 256:2).

Verse 13

h.ויד תהיה לך THOU SHALT HAVE A יד [WITHOUT THE CAMP] — Understand the word יד as the Targum does: ואתר (and you shall have a place). Similar is, (Numbers 2:17) “Each man at his place (ידו)” (Sifrei Devarim 257:1).

h.מחוץ למחנה WITHOUT THE CAMP — i.e. outside the area enclosed by the clouds of glory.

Verse 14

h.על אזנך [AND THOU SHALT HAVE A PIN] על אזנך — i.e. besides (על, “in addition to”, not “upon”) your other implements.

h.אזנך has the same meaning as זין in the phrase כלי זין.

Verse 15

h.ולא יראה בך THAT HE SEE NOT IN THEE — that the Holy One, blessed be He see not in thee ערות דבר A NAKEDNESS OF ANYTHING.

Verse 16

h.לא תסגיר עבד THOU SHALT NOT DELIVER [UNTO HIS LORD] THE SERVANT [WHO IS ESCAPED FROM HIS LORD UNTO THEE] — Understand this as the Targum has it: עבד עממין the servant of the heathens. Another explanation is: that it implies even a Canaanite servant belonging to an Israelite who fled from outside the Land (from a foreign country) into the Land of Israel (Gittin 45a).

Verse 18

h.לא תהיה קדשה THERE SHALL BE NO קדשה [OF THE DAUGHTERS OF ISRAEL] — i.e. a prostitute, — one who is devoted to and ever ready for illicit intercourse (cf. Rashi on Genesis 38:21 s. v. הקדשה; Rashi on Exodus 19:22 s. v. יתקדשו).

h.AND THERE SHALL BE NO קדש (OF THE SONS OF ISRAEL] — one ever ready for pederasty (Sanhedrin 54b). Onkelos, however, rendered the verse by לא תהא אתתא מבני ישראל לגבר עבר, “A woman of the daughters of Israel shall not become the wife of a slave”. Such a woman may also be termed a קדשה. because she, too, becomes a prostitute to illicit intercourse, since no marriage ceremony with her (קידושין) can for him have a hold on her (can be a valid ceremony), — for you see, they (the slaves) are compared to asses, as it is said, (Genesis 22:5), “Abide ye here עם החמור”, which is taken to mean (Kiddushin 68a), “[Abide ye here] עם החמור“, “O ye peop1e who are like asses”. And the second half of the verse Onkelos renders by ולא יסב גברא מבני ישראל אתתא אמה “and no man of Israel shall marry a bondwoman”, which is also an adequate translation, since he, too, becomes a קדש, “one devoted to illicit intercourse” through her, since every intercourse with her is an illicit intercourse, since his marriage to her is not binding (cf. Rashi on Kiddushin 69a s. v. או דיעבד קאמר‎).

Verse 19

h.אתנן זונה [THOU SHALT NOT BRING] THE PROSTITUTION HIRE OF A WHORE [… INTO THE HOUSE OF THE LORD, THY GOD FOR ANY VOW] — This means, if he (the paramour) gave her a lamb as the hire of her prostitution it is unfitted for sacrifice (Sifrei Devarim 261:1; Temurah 29a).

h.ומחיר כלב [THOU SHALT NOT BRING …] THE PRICE OF A DOG [INTO THE HOUSE OF THE LORD …], if one has exchanged a lamb for a dog (Sifrei Devarim 261:2; Temurah 30a).

h.גם שניהם FOR EVEN BOTH THESE ARE [ABOMINATION UNTO THE LORD, THY GOD] — The words גם שניהם taken as גם שנוייהם are intended to include in the prohibition the things into which they (whatever is given as hire) are changed, as, e.g., if he gave the woman wheat and she made it into flour (Temurah 30b).

Verse 20

h.לא תשיך implies a prohibition addressed to the borrower that he should not pay interest to the creditor (cf. Sifrei Devarim 262:1; Bava Metzia 75b) [and afterwards (Leviticus 25:37) follows the prohibition addressed to the creditor, “thou shalt not give him thy money upon interest”].

Verse 21

h.לנכרי תשיך UNTO AN ALIEN THOU MAYEST LEND UPON INTEREST (according to Rashi: TO AN ALIEN THOU MAYEST PAY INTEREST) — but not to thy brother. Such a prohibition which is not plainly stated but can only be drawn by inference from a positive command is itself regarded only as a positive command — so that one who pays interest to his brother transgresses two negative commands: לא תשיך in v. 20, ולאחיך לא תשיך in v. 21 and a positive command לנכרי תשיך — ולאחיך לא (cf. Sifrei Devarim 263:1; Bava Metzia 70b; also cf. Rashi on Deuteronomy 14:20).

Verse 22

h.לא תאחר לשלמו [WHEN THOU SHALT VOW A VOW UNTO THE LORD THY GOD] THOU SHALT NOT DELAY TO PAY IT — beyond three festivals after the vow has been made. Our Rabbis have deduced it (the fact that one does not transgress the prohibition before three festivals elapse) from a Scriptural text (Rosh Hashanah 4b).

Verse 24

h.מוצא שפתיך תשמר THAT WHICH HATH GONE OUT OF THY LIPS THOU SHALT KEEP — This is intended to add a positive command to the prohibition of delaying one’s vows (mentioned in the previous verse) (Rosh Hashanah 6a).

Verse 25

h.כי תבא בכרם רעך WHEN THOU COMEST INTO THE VINEYARD OF THY FELLOW MAN, [THEN THOU MAYEST EAT GRAPES AT THY FILL] — Scripture is speaking of a laborer (who is engaged in gathering in the grapes, but not of one who is doing other work in the vineyard, nor of one who enters the vineyard with no intention to do work; cf. Rashi in the next passage) (Bava Metzia 87b).

h.כנפשך means as much as you like.

h.שבעך AT THY FILL — but not excessive eating (Bava Metzia 87b).

h.ואל כליך לא תתן BUT THOU SHALT NOT PUT ANY IN THY VESSEL — From here we may derive that Scripture is referring only to the period of the vintage, to the time when thou puttest grapes into the owner’s vessel, — then thou mayest eat but not put any into thy vessel; but if he comes to hoe or to weed (i.e. to do other work than harvesting) he must not eat of the grapes (Bava Metzia 89b).

Verse 26

h.כי תבא בקמת רעך WHEN THOU COMEST INTO THE STANDING CORN OF THY FELLOW MAN [THOU MAYEST PLUCK THE EARS WITH THINE HAND] — In this case too, Scripture is referring to a labourer in the field (cf. Sifrei Devarim 267:1; Bava Metzia 87b).

nsv/torah/deuteronomy_23.txt · Last modified: 2023/09/30 09:14 by 127.0.0.1

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