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nsv:torah:deuteronomy_24

Deuteronomy 24

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Deuteronomy 24

1 When a man hath taken a wife, and married her, and it come to pass that she find no favour in his eyes, because he hath found some uncleanness in her: then let him write her a bill of divorcement, and give it in her hand, and send her out of his house.

2 And when she is departed out of his house, she may go and be another man's wife.

3 And if the latter husband hate her, and write her a bill of divorcement, and giveth it in her hand, and sendeth her out of his house; or if the latter husband die, which took her to be his wife;

4 Her former husband, which sent her away, may not take her again to be his wife, after that she is defiled; for that is abomination before the Lord: and thou shalt not cause the land to sin, which the Lord thy God giveth thee for an inheritance.

5 When a man hath taken a new wife, he shall not go out to war, neither shall he be charged with any business: but he shall be free at home one year, and shall cheer up his wife which he hath taken.

6 No man shall take the nether or the upper millstone to pledge: for he taketh a man's life to pledge.

7 If a man be found stealing any of his brethren of the children of Israel, and maketh merchandise of him, or selleth him; then that thief shall die; and thou shalt put evil away from among you.

8 Take heed in the plague of leprosy, that thou observe diligently, and do according to all that the priests the Levites shall teach you: as I commanded them, so ye shall observe to do.

9 Remember what the Lord thy God did unto Miriam by the way, after that ye were come forth out of Egypt.

10 When thou dost lend thy brother any thing, thou shalt not go into his house to fetch his pledge.

11 Thou shalt stand abroad, and the man to whom thou dost lend shall bring out the pledge abroad unto thee.

12 And if the man be poor, thou shalt not sleep with his pledge:

13 In any case thou shalt deliver him the pledge again when the sun goeth down, that he may sleep in his own raiment, and bless thee: and it shall be righteousness unto thee before the Lord thy God.

14 Thou shalt not oppress an hired servant that is poor and needy, whether he be of thy brethren, or of thy strangers that are in thy land within thy gates:

15 At his day thou shalt give him his hire, neither shall the sun go down upon it; for he is poor, and setteth his heart upon it: lest he cry against thee unto the Lord, and it be sin unto thee.

16 The fathers shall not be put to death for the children, neither shall the children be put to death for the fathers: every man shall be put to death for his own sin.

17 Thou shalt not pervert the judgment of the stranger, nor of the fatherless; nor take a widow's raiment to pledge:

18 But thou shalt remember that thou wast a bondman in Egypt, and the Lord thy God redeemed thee thence: therefore I command thee to do this thing.

19 When thou cuttest down thine harvest in thy field, and hast forgot a sheaf in the field, thou shalt not go again to fetch it: it shall be for the stranger, for the fatherless, and for the widow: that the Lord thy God may bless thee in all the work of thine hands.

20 When thou beatest thine olive tree, thou shalt not go over the boughs again: it shall be for the stranger, for the fatherless, and for the widow.

21 When thou gatherest the grapes of thy vineyard, thou shalt not glean it afterward: it shall be for the stranger, for the fatherless, and for the widow.

22 And thou shalt remember that thou wast a bondman in the land of Egypt: therefore I command thee to do this thing.

Notes

Cross Reference

Commentary

Rashi

Verse 1

h.כי מצא בה ערות דבר [WHEN A MAN HATH TAKEN A WIFE, AND MARRIED HER, AND IT COMES TO PASS THAT SHE FINDS NO FAVOUR IN HIS EYES.] BECAUSE HE HATH FOUND SOME SCANDALOUS THING IN HER; [THEN LET HIM WRITE A BILL OF DIVORCEMENT … AND SEND HER AWAY …] — it is his duty to divorce her because she should not find favour in his eyes (cf. Gittin 90b).

Verse 2

h.לאיש אחר [AND WHEN SHE IS GONE OUT OF HIS HOUSE, AND HATH GONE AND BECOME] “ANOTHER” MAN’S WIFE — He is “another” (a different) man, not one of a pair with the first: he turned the wicked woman out of his house, whilst this man hath taken her into his house (Gittin 90b).

Verse 3

h.ושנאה האיש האחרון AND IF THE LATTER HUSBAND HATE HER — (these words lit. mean: and the other will hate her): Scripture tells you that in the end he will hate her and divorce her, and if not, she will bury him (be the cause of his death) as it states “or if the latter husband die” (Sifrei Devarim 270:4-5).

Verse 4

h.אחרי אשר הטמאה [HER FIRST HUSBAND … MAY NOT TAKE HER AGAIN TO BE HIS WIFE] AFTER THAT SHE IS DEFILED — these words are intended to include in the prohibition a faithless wife (סוטה) who had been in seclusion with another man (Sifrei Devarim 270:10; Yevamot 11b).

Verse 5

h.אשה חדשה [WHEN A MAN HATH TAKEN] A NEW WIFE [HE SHALL NOT GO OUT TO THE HOST] — i.e., one that is new to him, even though she be a widow; but it excludes the case of one who re-marries his divorced wife (Sifrei Devarim 271:1; Sotah 44a; cf., however, Targum Jonathan).

h.ולא יעבר lit., NEITHER SHALL PASS UPON HIM (i.e., be obligatory upon him) any army matter,

h.לכל דבר AS REGARDS ANYTHING that is a requirement of the army: not to supply water and food, nor to repair the roads, whilst those who returned from the battle array at the bidding of the priest, e.g., one who had built a new house and had not yet dedicated it, or one who had betrothed a woman and had not yet taken her to wife (Deuteronomy 20:5—7), are bound to supply water and food and to repair roads (Sifrei Devarim 271:2; Sotah 44a).

h.יהיה לביתו [HE SHALL BE FREE] AT HOME (or, as it may be literally translated: [FREE] FOR HIS HOUSE) — i.e., also on account of his new house (not only on account of his recent marriage, as stated in the text): if he has built a new house and only just dedicated it (not lived in it a full year), and similarly, if he has planted a vineyard and has only just begun to eat of its fruits (not enjoyed its produce the full fourth year), he need not leave his house for the requirements of war. This Halacha is derived from the text as follows:

h.יהיה HE SHALL BE — This is intended to include the vineyard (Sifrei Devarim 271:4),

h.לביתו This is the mention of “his house” (Sifrei Devarim 271:3).

h.ושמח means HE SHALL GLADDEN [HIS WIFE], its correct Targum rendering therefore is: וְיַחְדֵי יַת אִיתְּתֵהּ which expresses this; One who reads in the Targum וְיַחְדֵי עִם אִיתְּתֵהּ “he shall rejoice with his wife” is in error, for this is not the Targum equivalent of וְשִׂמַּח (Piel) but of וְשָׂמַח (Kal).

Verse 6

h.לא יחבל NO MAN SHALL TAKE [THE LOWER OR THE UPPER MILLSTONE] AS PLEDGE — i.e. if one comes to demand a pledge through the court for his debt he should not take as a pledge anything by which food is prepared (Bava Metzia 113b, 115a).

h.רחים is the lower,

h.ורכב is the upper millstone.

Verse 7

h.כי ימצא IF [A MAN] BE FOUND [STEALING …] — Found when doing so by witnesses and after legal warning. This, too, is the meaning in all cases where a form of the verb מצא is used in the Torah, under similar circumstances (Mekhilta d'Rabbi Yishmael 21:16:1; Sifrei Devarim 273:1).

h.והתעמר בו AND TREATS HIM AS A SLAVE — he is not liable to the death penalty until he uses him as a slave (cf. Sifrei Devarim 273:5; Sanhedrin 85b).

Verse 8

h.השמר בנגע צרעת TAKE HEED IN THE AFFLICTION OF LEPROSY — take heed that you pluck not out the symptoms of uncleanness (cf. Leviticus ch. XIII.), nor cut out the leprous spot (Makkot 22a).

h.ככל אשר יורו אתכם ACCORDING TO ALL THAT [THE PRIESTS …] SHALL TEACH YOU — whether to place the leper in quarantine, or to declare him definitely unclean or clean.

Verse 9

h.זכור את אשר עשה ה' אלהיך למרים REMEMBER WHAT THE LORD THY GOD DID UNTO MIRIAM — if you wish to guard yourself against being stricken with leprosy, do not speak slander! Remember what was done unto Miriam who spoke slander against her brother and was stricken with a leprous plague! (cf. Sifrei Devarim 275:1).

Verse 10

h.כי תשה ברעך means, WHEN THOU EXACTEST A DEBT FROM THY FELLOW MAN;

h.משאת מאומה means, A DEBT OF ANYTHING (whatever it may be).

Verse 12

h.לא תשכב בעבטו THOU SHALT NOT SLEEP IN HIS PLEDGE — This means, thou shalt not go to sleep having his pledge with thee (Sifrei Devarim 277:2; Bava Metzia 111b).

Verse 13

h.כבוא השמש [THOU SHALT RESTORE HIM THE PLEDGE] WHEN THE SUN GOETH DOWN — if it be a night garment; whilst if it be a garment worn during the day restore it to him in the morning. This, indeed, has already been written in the section beginning with the words ואלה המשפטים (Exodus 22:25) “Restore it unto him till the going down of the sun” which means: restore it unto him for the whole day and at nightfall you may take it again [till the daybreak of the next morning] (Bava Metzia 114b; cf. Rashi on Exodus 22.25.2 and Note thereon).

h.וברכך AND HE WILL BLESS THEE — and even if he will not bless thee, in any case, ולך תהיה צדקה IT SHALL BE RIGHTEOUSNESS UNTO THEE [BEFORE THE LORD THY GOD] (Sifrei Devarim 277:4).

Verse 14

h.לא תעשק שכיר THOU SHALT NOT WRONG ANY HIRED SERVANT — But has not this already been stated in Leviticus 19:13? But it is repeated here to make one transgress in respect of the hired, servant who is poor (i.e., if he wrongs such a person) two negative commands, for the meaning of the text here is: thou shalt not suppress the wages of an hired servant who is poor and needy. (The meaning is not: thou shalt not wrong a hired servant, the poor and the needy). As to the well-to-do hired servant one has already been prohibited to wrong him (Leviticus 19:13): “thou shalt not wrong thy neighbour” (Bava Metzia 61a).

h.אביון is one who longs for everything, (lacks all the necessities of life; cf. Rashi on Deuteronomy 15:4).

h.מגרך [WHETHER HE BE OF THY BRETHREN, OR] OF ANY STRANGERS — this refers to a “proselyte of righteousness” (who embraces the entire Jewish Faith out of conviction) (Sifrei Devarim 278:4),

h.בשערך [STRANGERS THAT ARE] WITHIN THY GATES — this refers to a stranger [who has undertaken not to worship idols] but eats carrion (who may reside in the land of Israel) (Sifrei Devarim 278:5),

h.אשר בארצך [OF ANY STRANGERS] THAT ARE IN THY LAND — this is intended to include in the prohibition of withholding what is due to one’s neighbor the payment for using his animals or utensils (Sifrei Devarim 278:5; Bava Metzia 111b).

Verse 15

h.ואליו הוא נשא את נפשו means, for the sake of this hire he exposes his life even unto death: he climbs up a steep staircase or hangs on to a high tree to do his work (Sifrei Devarim 279:3; Bava Metzia 112a).

h.והיה בך חטא [LEST HE CALL AGAINST THEE UNTO THE LORD,] AND IT BE SIN UNTO THEE — under any circumstances, even if he does not call against thee to the Lord, but greater haste is made to punish thee because of him who cries (Sifrei Devarim 279:4; cf. Rashi on Deuteronomy 15:9).

Verse 16

h.לא יומתו אבות על בנים FATHERS SHALL NOT BE PUT TO DEATH על בנים — i.e. by the evidence of their children. But if you say it means “for the sin of their children”, then it would be redundant for it goes on to state “every man shall be put to death for his own sin” (Sifrei Devarim 280:1; Sanhedrin 27b).

h.איש בחטאו יומתו EVERY MAN SHALL BE PUT TO DEATH FOR HIS OWN SIN — This suggests: but one who is not yet an איש, a man, does sometimes die on account of his father’s sins: little children sometimes die at the hands of Heaven because of their parents’ sins (Sifrei Devarim 280:3).

Verse 17

h.לא תטה משפט גר יתום THOU SHALT NOT PERVERT THE JUDGMENT OF THE STRANGER, OR OF THE FATHERLESS — and with regard to the well-to-do one has already been forbidden to do so (Deuteronomy 16:19): “Thou shalt not pervert judgment”, (which is a general prohibition including both poor and rich), but it (Scripture) repeats it regarding the poor in order to make one who perverts the judgment of the poor transgress two negative commands. Because it is easier to pervert the judgment of the defenseless poor than that of the rich, therefore Scripture lays down a prohibition regarding him a second time (Sifrei Devarim 281:1).

h.ולא תחבל NOR TAKE [A WIDOW’S GARMENT] TO PLEDGE — The term חבל refers to taking a pledge not at the time when the loan is transacted (but when default is made in payment) (cf. Bava Metzia 115a; see also Rashi on Exodus 22:25).

Verse 18

h.וזכרת BUT THOU SHALT REMEMBER [THAT THOU WAST A SERVANT IN EGYPT AND THE LORD THY GOD RELEASED THEE THENCE] — I released you only with this condition — that you should observe my statutes even though there be monetary loss in the matter.

Verse 19

h.ושכחת עמר [WHEN THOU REAPEST THY HARVEST IN THY FIELD] AND HAST FORGOT A SHEAF … [THOU SHALT NOT RETURN TO TAKE IT] — a sheaf, but not a stack of corn (Sifrei Devarim 283:1). Hence they (the Rabbis) said, “A sheaf that contains two Seahs of grain which one has forgotten in the field, does not come under the term of שכחה (a forgotten sheaf)” (Mishnah Peah 6:6).

h.בשדה [AND HAST FORGOT …] IN THE FIELD — This apparently redundant word (it has just stated בשדך) is intended to include under this law forgotten “standing corn” (קמה) — that one has forgotten to cut down part of it (Sifrei Devarim 283:2).

h.לא תשוב לקחתו THOU SHALT NOT GO BACK TO TAKE IT — Hence they (the Rabbis) said: A sheaf that is behind him is considered as שכחה, that which is in front of him is not considered שכחה, for the expression “thou shalt not go back [to take it]” is not applicable to it (Mishnah Peah 6:4; Bava Metzia 11a).

h.למען יברכך THAT [THE LORD THY GOD] BLESS THEE — although it came into his (the stranger’s or the orphan’s) hand without him (the owner) intending this; it follows logically that he will certainly receive a blessing if he does this intentionally! — You must therefore admit that if a Sela fell out of one’s hand and a poor man found it and supports himself by it, then he will surely be blessed on that account (Sifrei Devarim 283:6; cf. Rashi on Leviticus 5:17 end).

Verse 20

h.לא תפאר — This means: thou shalt not entirely remove its (the olive tree’s) glory (תפארת) from it, i.e., its fruit (Chullin 131b). Hence they (the Rabbis) derived the law that one must leave פאה (some quantity of fruit) also on fruit-trees for the poor (cf. Mishnah Peah 4:1).

h.אחריך BEHIND THEE — This implies שכחה (forgotten fruit; that if he forgets to remove some fruit from the orchard, he must leave it for the poor).

Verse 21

h.לא תעולל [WHEN THOU GATHEREST THE GRAPES OF THY VINEYARD] THOU SHALT NOT GLEAN IT — i.e., if you find tender grapes in it, thou shalt not take them away. And what are עוללות? Clusters which have neither כתף, “arms” nor נטף “drippings” If, however, they have one of these, then it belongs to the owner of the vineyard (not to the poor) (Mishnah Peah 7:4). (Cf. Rashi on Leviticus 19:10 and our translation and Note thereon). — I have seen the following in the Talmud Yerushalmi Peah 7:4: What is כתף? Where the branches lie one upon the other: whilst נטף are those which hang down directly from the central stem.

nsv/torah/deuteronomy_24.txt · Last modified: 2023/09/30 09:14 by 127.0.0.1

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