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Shofetim or Shoftim ( "
judge A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...
s", the first word in the
parashah The term ''parashah'', ''parasha'' or ''parashat'' ( ''Pārāšâ'', "portion", Tiberian Hebrew, Tiberian , Sephardi Hebrew, Sephardi , plural: ''parashot'' or ''parashiyot'', also called ''parsha'') formally means a section of a biblical book ...
) is the 48th
weekly Torah portion The weekly Torah portion refers to a lectionary custom in Judaism in which a portion of the Torah (or Pentateuch) is read during Jewish prayer services on Monday, Thursday, and Saturday. The full name, ''Parashat HaShavua'' (), is popularly abbre ...
(, ''parashah'') in the annual
Jewish Jews (, , ), or the Jewish people, are an ethnoreligious group and nation, originating from the Israelites of History of ancient Israel and Judah, ancient Israel and Judah. They also traditionally adhere to Judaism. Jewish ethnicity, rel ...
cycle of
Torah reading Torah reading (; ') is a Jewish religious tradition that involves the public reading of a set of passages from a Torah scroll. The term often refers to the entire ceremony of removing the scroll (or scrolls) from the Torah ark, chanting the ap ...
and the fifth in the
Book of Deuteronomy Deuteronomy (; ) is the fifth book of the Torah (in Judaism), where it is called () which makes it the fifth book of the Hebrew Bible and Christian Old Testament. Chapters 1–30 of the book consist of three sermons or speeches delivered to ...
. It comprises Deuteronomy 16:18–21:9. The parashah provides a
constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...
, a basic societal structure, for the
Israelites Israelites were a Hebrew language, Hebrew-speaking ethnoreligious group, consisting of tribes that lived in Canaan during the Iron Age. Modern scholarship describes the Israelites as emerging from indigenous Canaanites, Canaanite populations ...
. The parashah sets out rules for
judges A judge is an official who presides over a court. Judge or Judges may also refer to: Roles *Judge, an alternative name for an adjudicator in a competition in theatre, music, sport, etc. *Judge, an alternative name/aviator call sign for a membe ...
,
kings Kings or King's may refer to: *Kings: The sovereign heads of states and/or nations. *One of several works known as the "Book of Kings": **The Books of Kings part of the Bible, divided into two parts **The ''Shahnameh'', an 11th-century epic Persia ...
,
Levite Levites ( ; ) or Levi are Jewish males who claim patrilineal descent from the Tribe of Levi. The Tribe of Levi descended from Levi, the third son of Jacob and Leah. The surname ''Halevi'', which consists of the Hebrew definite article "" ''Ha-' ...
s,
prophet In religion, a prophet or prophetess is an individual who is regarded as being in contact with a divinity, divine being and is said to speak on behalf of that being, serving as an intermediary with humanity by delivering messages or teachings ...
s,
cities of refuge The cities of refuge ( ''‘ārê ha-miqlāṭ'') were six Levitical towns in the Kingdom of Israel and the Kingdom of Judah in which the perpetrators of accidental manslaughter could claim the right of asylum. Maimonides, invoking talmudic ...
,
witness In law, a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, either oral or written, of what they know or claim to know. A witness might be compelled to provide testimony in court, before a grand jur ...
es,
war War is an armed conflict between the armed forces of states, or between governmental forces and armed groups that are organized under a certain command structure and have the capacity to sustain military operations, or between such organi ...
, and unsolved
murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisd ...
s. This parashah has 5590 letters, 1523 words, 97 verses, and 192 lines in a ''
Sefer Torah file:SeferTorah.jpg, A Sephardic Torah scroll rolled to the first paragraph of the Shema file:Köln-Tora-und-Innenansicht-Synagoge-Glockengasse-040.JPG, An Ashkenazi Torah scroll rolled to the Decalogue file:Keneseth Eliyahoo Synagogue, Inte ...
''.
Jews Jews (, , ), or the Jewish people, are an ethnoreligious group and nation, originating from the Israelites of History of ancient Israel and Judah, ancient Israel and Judah. They also traditionally adhere to Judaism. Jewish ethnicity, rel ...
generally read it in August or September.


Readings

In traditional Sabbath
Torah The Torah ( , "Instruction", "Teaching" or "Law") is the compilation of the first five books of the Hebrew Bible, namely the books of Genesis, Exodus, Leviticus, Numbers and Deuteronomy. The Torah is also known as the Pentateuch () ...
reading, the parashah is divided into seven ''aliyot'' or "readings" (). In the
Masoretic Text The Masoretic Text (MT or 𝕸; ) is the authoritative Hebrew and Aramaic text of the 24 books of the Hebrew Bible (''Tanakh'') in Rabbinic Judaism. The Masoretic Text defines the Jewish canon and its precise letter-text, with its vocaliz ...
, Parashat Shofetim has four "open portion" (, ''petuchah'') divisions (roughly equivalent to paragraphs, often abbreviated with the Hebrew letter pe). Parashat Shofetim has several further subdivisions, called "closed portions" (, ''setumah'', abbreviated with the Hebrew letter
samekh Samekh or samech is the fifteenth Letter (alphabet), letter of the Semitic abjads, including Phoenician alphabet, Phoenician ''sāmek'' 𐤎, Hebrew alphabet, Hebrew ''sāmeḵ'' , Aramaic alphabet, Aramaic ''samek'' 𐡎, and Syriac alphabet, Syr ...
) within the open portion divisions. The short first open portion divides the first reading. The long second open portion goes from the middle of the first reading to the middle of the fifth reading. The third open portion goes from the middle of the fifth reading to the middle of the seventh. The final, fourth open portion divides the seventh reading. Closed portion divisions further divide the first, fifth, and sixth ''aliyot'', and each of the short second and third ''aliyot'' constitutes a closed portion of its own.


First reading—Deuteronomy 16:18–17:13

In the first reading,
Moses In Abrahamic religions, Moses was the Hebrews, Hebrew prophet who led the Israelites out of slavery in the The Exodus, Exodus from ancient Egypt, Egypt. He is considered the most important Prophets in Judaism, prophet in Judaism and Samaritani ...
directed the Israelites to appoint
judges A judge is an official who presides over a court. Judge or Judges may also refer to: Roles *Judge, an alternative name for an adjudicator in a competition in theatre, music, sport, etc. *Judge, an alternative name/aviator call sign for a membe ...
(, '' shophṭim'') and
official An official is someone who holds an office (function or Mandate (politics), mandate, regardless of whether it carries an actual Office, working space with it) in an organization or government and participates in the exercise of authority (eithe ...
s for their
tribe The term tribe is used in many different contexts to refer to a category of human social group. The predominant worldwide use of the term in English is in the discipline of anthropology. The definition is contested, in part due to conflict ...
s to govern the people with
justice In its broadest sense, justice is the idea that individuals should be treated fairly. According to the ''Stanford Encyclopedia of Philosophy'', the most plausible candidate for a core definition comes from the ''Institutes (Justinian), Inst ...
, with
impartiality Impartiality (also called evenhandedness or fair-mindedness) is a principle of justice In its broadest sense, justice is the idea that individuals should be treated fairly. According to the ''Stanford Encyclopedia of Philosophy'', the mo ...
, and without
bribes Bribery is the corrupt solicitation, payment, or acceptance of a private favor (a bribe) in exchange for official action. The purpose of a bribe is to influence the actions of the recipient, a person in charge of an official duty, to act contrar ...
. "Justice, justice shalt thou follow", he said. A closed portion ends here.See, e.g., Menachem Davis, editor, ''Schottenstein Edition Interlinear Chumash: Devarim/Deuteronomy'', page 112. In the continuation of the reading, Moses warned the Israelites against setting up a sacred post beside God's
altar An altar is a table or platform for the presentation of religion, religious offerings, for sacrifices, or for other ritualistic purposes. Altars are found at shrines, temples, Church (building), churches, and other places of worship. They are use ...
or erecting a
baetylus A baetyl (; also betyl), literally "house of god", is a sacred stone (sometimes believed to be a meteorite) that was venerated and thought to house a god or deity. The most famous example is the Omphalos stored in the Temple of Apollo at the Gre ...
. A closed portion ends here with the end of chapter 16. In the continuation of the reading, Moses warned the Israelites against the
korban In Judaism, the (), also spelled or , is any of a variety of sacrificial offerings described and commanded in the Torah. The plural form is , , or . The term primarily refers to sacrificial offerings given from humans to God for the pur ...
(sacrifice) of an ox or
sheep Sheep (: sheep) or domestic sheep (''Ovis aries'') are a domesticated, ruminant mammal typically kept as livestock. Although the term ''sheep'' can apply to other species in the genus '' Ovis'', in everyday usage it almost always refers to d ...
with any serious
congenital disorder A birth defect is an abnormal condition that is present at childbirth, birth, regardless of its cause. Birth defects may result in disability, disabilities that may be physical disability, physical, intellectual disability, intellectual, or dev ...
.. Another closed portion ends here. And as the reading continues, Moses instructed that if the Israelites found a person who
worship Worship is an act of religious devotion usually directed towards a deity or God. For many, worship is not about an emotion, it is more about a recognition of a God. An act of worship may be performed individually, in an informal or formal group, ...
ed other
gods A deity or god is a supernatural being considered to be sacred and worthy of worship due to having authority over some aspect of the universe and/or life. The ''Oxford Dictionary of English'' defines ''deity'' as a God (male deity), god or god ...
—the
sun The Sun is the star at the centre of the Solar System. It is a massive, nearly perfect sphere of hot plasma, heated to incandescence by nuclear fusion reactions in its core, radiating the energy from its surface mainly as visible light a ...
, the
moon The Moon is Earth's only natural satellite. It Orbit of the Moon, orbits around Earth at Lunar distance, an average distance of (; about 30 times Earth diameter, Earth's diameter). The Moon rotation, rotates, with a rotation period (lunar ...
, or other
astronomical object An astronomical object, celestial object, stellar object or heavenly body is a naturally occurring physical entity, association, or structure that exists within the observable universe. In astronomy, the terms ''object'' and ''body'' are of ...
—then they were to make a thorough
inquiry An inquiry (also spelled as enquiry in British English) is any process that has the aim of augmenting knowledge, resolving doubt, or solving a problem. A theory of inquiry is an account of the various types of inquiry and a treatment of the ...
, and if they established the
fact A fact is a truth, true data, datum about one or more aspects of a circumstance. Standard reference works are often used to Fact-checking, check facts. Science, Scientific facts are verified by repeatable careful observation or measurement by ...
on the
testimony Testimony is a solemn attestation as to the truth of a matter. Etymology The words "testimony" and "testify" both derive from the Latin word ''testis'', referring to the notion of a disinterested third-party witness. Law In the law, testimon ...
of two or more witnesses, then they were to stone the person to death, with the witnesses throwing the first stones. The first open portion ends here. In the continuation of the reading, Moses taught that if a
legal case Legal proceeding is an activity that seeks to invoke the power of a tribunal in order to enforce a law. Although the term may be defined more broadly or more narrowly as circumstances require, it has been noted that " e term ''legal proceedings'' ...
proved too baffling for the Israelites to decide, then they were promptly to go to the place where the sanctuary was located, appear before the
kohen Kohen (, ; , ، Arabic كاهن , Kahen) is the Hebrew word for "priest", used in reference to the Aaronic Priest#Judaism, priesthood, also called Aaronites or Aaronides. They are traditionally believed, and halakha, halakhically required, to ...
im or judge in charge, and present their problem, and carry out any
verdict In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. In a bench trial, the judge's decision near the end of the trial is simply referred to as a finding. In England and Wales ...
that was announced there without deviating either to the right or to the left. They were to
execute Execution, in capital punishment Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence (law), s ...
any man who presumptuously disregarded the priest or the judge, so that all the people would hear, be afraid, and not act presumptuously again. The first reading and a closed portion end here.


Second reading—Deuteronomy 17:14–20

In the second reading, Moses instructed that if, after the Israelites had settled the
Land of Israel The Land of Israel () is the traditional Jewish name for an area of the Southern Levant. Related biblical, religious and historical English terms include the Land of Canaan, the Promised Land, the Holy Land, and Palestine. The definition ...
, they decided to set a king over them, they were to be free to do so, taking an Israelite chosen by God. The king was not to keep many
horse The horse (''Equus ferus caballus'') is a domesticated, one-toed, hoofed mammal. It belongs to the taxonomic family Equidae and is one of two extant subspecies of ''Equus ferus''. The horse has evolved over the past 45 to 55 mi ...
s, marry many wives, or amass excess
silver Silver is a chemical element; it has Symbol (chemistry), symbol Ag () and atomic number 47. A soft, whitish-gray, lustrous transition metal, it exhibits the highest electrical conductivity, thermal conductivity, and reflectivity of any metal. ...
and
gold Gold is a chemical element; it has chemical symbol Au (from Latin ) and atomic number 79. In its pure form, it is a brightness, bright, slightly orange-yellow, dense, soft, malleable, and ductile metal. Chemically, gold is a transition metal ...
. The king was to write for himself a copy of this Teaching to remain with him and read all his life, so that he might learn to revere God and faithfully observe these
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...
s. He would thus not act haughtily toward his people nor deviate from the law, and as a consequence, he and his descendants would enjoy a long reign. The second reading and a closed portion end here with the end of chapter 17.


Third reading—Deuteronomy 18:1–5

In the third reading, Moses explained that the Levites were to have no territorial portion, but were to live only on offerings, for God was to be their portion. In exchange for their service to God, the priests were to receive the
shoulder The human shoulder is made up of three bones: the clavicle (collarbone), the scapula (shoulder blade), and the humerus (upper arm bone) as well as associated muscles, ligaments and tendons. The articulations between the bones of the shoulder m ...
, cheeks, and
stomach The stomach is a muscular, hollow organ in the upper gastrointestinal tract of Human, humans and many other animals, including several invertebrates. The Ancient Greek name for the stomach is ''gaster'' which is used as ''gastric'' in medical t ...
of sacrifices, the firstfruits of the Israelites'
cereal A cereal is a grass cultivated for its edible grain. Cereals are the world's largest crops, and are therefore staple foods. They include rice, wheat, rye, oats, barley, millet, and maize ( Corn). Edible grains from other plant families, ...
,
wine Wine is an alcoholic drink made from Fermentation in winemaking, fermented fruit. Yeast in winemaking, Yeast consumes the sugar in the fruit and converts it to ethanol and carbon dioxide, releasing heat in the process. Wine is most often made f ...
,
oil An oil is any nonpolar chemical substance that is composed primarily of hydrocarbons and is hydrophobic (does not mix with water) and lipophilic (mixes with other oils). Oils are usually flammable and surface active. Most oils are unsaturate ...
, and the first
sheep shearing Sheep shearing is the process by which the Wool, woollen fleece of a sheep is cut off. The person who removes the sheep's wool is called a ''Sheep shearer, shearer''. Typically each adult sheep is shorn once each year (depending upon dialect, ...
. The third reading and a closed portion end here.See, e.g., Menachem Davis, editor, ''Schottenstein Edition Interlinear Chumash: Devarim/Deuteronomy'', page 120.


Fourth reading—Deuteronomy 18:6–13

In the fourth reading, Moses told that the country-based Levites were to be free to come from their settlements to the place that God chose as a shrine to serve with their fellow Levites based there, and there they were to receive equal shares of the dues.. A closed portion ends here. In the continuation of the reading, Moses instructed that the Israelites were not to imitate the abhorrent practices of the nations that they were displacing, consign their
child A child () is a human being between the stages of childbirth, birth and puberty, or between the Development of the human body, developmental period of infancy and puberty. The term may also refer to an unborn human being. In English-speaking ...
ren to
fire Fire is the rapid oxidation of a fuel in the exothermic chemical process of combustion, releasing heat, light, and various reaction Product (chemistry), products. Flames, the most visible portion of the fire, are produced in the combustion re ...
, or act as an
augur An augur was a priest and official in the ancient Rome, classical Roman world. His main role was the practice of augury, the interpretation of the will of the List of Roman deities, gods by studying events he observed within a predetermined s ...
, soothsayer,
diviner Diviner, also referred to as the Diviner Lunar Radiometer Experiment (DLRE), is an infrared radiometer aboard NASA's Lunar Reconnaissance Orbiter, part of the Lunar Precursor Robotic Program which is studying the Moon. It has been used to create t ...
,
sorcerer Sorcerer may refer to: Magic * Sorcerer (supernatural), a practitioner of magic that derives from supernatural or occult sources * Sorcerer (fantasy), a fictional character who uses or practices magic that derives from supernatural or occult sou ...
, one who casts spells, one who consults
ghost In folklore, a ghost is the soul or Spirit (supernatural entity), spirit of a dead Human, person or non-human animal that is believed by some people to be able to appear to the living. In ghostlore, descriptions of ghosts vary widely, from a ...
s or familiar spirits, or one who inquires of the dead, for it was because of those abhorrent acts that God was dispossessing the residents of the land. The fourth reading ends here.


Fifth reading—Deuteronomy 18:14–19:13

In the fifth reading, Moses foretold that God would raise a prophet from among them like Moses and the Israelites were to heed him.. When at Mount Horeb, the
Israelites Israelites were a Hebrew language, Hebrew-speaking ethnoreligious group, consisting of tribes that lived in Canaan during the Iron Age. Modern scholarship describes the Israelites as emerging from indigenous Canaanites, Canaanite populations ...
had asked not to hear God's voice directly; God created the role of the prophet to speak God's words, promising to hold to account anybody who failed to heed the prophet's words. But any prophet who presumed to speak an oracle in God's name that God had not commanded, or who spoke in the name of other gods, was to die.. This was how the people were to determine whether God spoke the oracle: If the prophet spoke in the name of God and the oracle did not come
true True most commonly refers to truth, the state of being in congruence with fact or reality. True may also refer to: Places * True, West Virginia, an unincorporated community in the United States * True, Wisconsin, a town in the United States * ...
, then God had not spoken that oracle, the prophet had uttered it presumptuously, and the people were not to fear him. A closed portion ends here with the end of chapter 18. In the continuation of the reading, Moses instructed that when the Israelites had settled in the land, they were to divide the land into three parts and set aside three
Cities of Refuge The cities of refuge ( ''‘ārê ha-miqlāṭ'') were six Levitical towns in the Kingdom of Israel and the Kingdom of Judah in which the perpetrators of accidental manslaughter could claim the right of asylum. Maimonides, invoking talmudic ...
, so that any manslayer could have a place to which to flee. And if the Israelites faithfully observed all the law and God enlarged the territory, then they were to add three more
town A town is a type of a human settlement, generally larger than a village but smaller than a city. The criteria for distinguishing a town vary globally, often depending on factors such as population size, economic character, administrative stat ...
s to those three. Only a manslayer who had killed another unwittingly, without being the other's enemy, might flee there and live. For instance, if a man went with his neighbor into a grove to cut
wood Wood is a structural tissue/material found as xylem in the stems and roots of trees and other woody plants. It is an organic materiala natural composite of cellulosic fibers that are strong in tension and embedded in a matrix of lignin t ...
, and as he swung an
axe An axe (; sometimes spelled ax in American English; American and British English spelling differences#Miscellaneous spelling differences, see spelling differences) is an implement that has been used for thousands of years to shape, split, a ...
, the axe-head flew off the
handle A handle is a part of, or an attachment to, an object that allows it to be grasped and object manipulation, manipulated by hand. The design of each type of handle involves substantial ergonomics, ergonomic issues, even where these are dealt wi ...
and struck and killed the neighbor, then the man could flee to one of the cities of refuge and live. The second open portion ends here. In the continuation of the reading, Moses instructed that if, however, one who was the enemy of another lay in wait, struck the other a fatal blow, and then fled to a city of refuge, the elders of the slayer's town were to have the slayer turned over to the blood-avenger to be put to death. The fifth reading and a closed portion end here.See, e.g., Menachem Davis, editor, ''Schottenstein Edition Interlinear Chumash: Devarim/Deuteronomy'', page 126.


Sixth reading—Deuteronomy 19:14–20:9

In the sixth reading, Moses warned that the Israelites were not to move their countrymen's landmarks, set up by previous generations, in the property that they were allotted in the land.. A closed portion ends here. In the continuation of the reading, Moses instructed that an Israelite could be found guilty of an offense only on the testimony of two or more witnesses.. If one person gave false testimony against another, then the two parties were to appear before God and the priests or judges, the judges were to make a thorough investigation, and if they found the person to have testified falsely, then they were to do to the witness as the witness schemed to do to the other. A closed portion ends here with the end of chapter 19. In the continuation of the reading, Moses taught that before the Israelites joined
battle A battle is an occurrence of combat in warfare between opposing military units of any number or size. A war usually consists of multiple battles. In general, a battle is a military engagement that is well defined in duration, area, and force co ...
, the priest was to tell the troops not to fear, for God would accompany them. Then the officials were to ask the troops whether anyone had built a new
house A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air c ...
but not dedicated it, planted a
vineyard A vineyard ( , ) is a plantation of grape-bearing vines. Many vineyards exist for winemaking; others for the production of raisins, table grapes, and non-alcoholic grape juice. The science, practice and study of vineyard production is kno ...
but never
harvest Harvesting is the process of collecting plants, animals, or fish (as well as fungi) as food, especially the process of gathering mature crops, and "the harvest" also refers to the collected crops. Reaping is the cutting of grain or pulses fo ...
ed it, paid the
bride price Bride price, bride-dowry, bride-wealth, bride service or bride token, is money, property, or other form of wealth paid by a groom or his family to the woman or the family of the woman he will be married to or is just about to marry. Bride dowry ...
for a wife but not yet married her, or become afraid and disheartened, and all these they were to send back to their homes. The sixth reading and a closed portion end with Deuteronomy 20:9.


Seventh reading—Deuteronomy 20:10–21:9

In the seventh reading, Moses instructed that when the Israelites approached to attack a town, they were to offer it terms of peace, and if the town surrendered, then all the people of the town were to serve the Israelites as
slaves Slavery is the ownership of a person as property, especially in regards to their labour. Slavery typically involves compulsory work, with the slave's location of work and residence dictated by the party that holds them in bondage. Enslavemen ...
. But if the town did not surrender, then the Israelites were to lay
siege A siege () . is a military blockade of a city, or fortress, with the intent of conquering by attrition, or by well-prepared assault. Siege warfare (also called siegecrafts or poliorcetics) is a form of constant, low-intensity conflict charact ...
to the town, and when God granted victory, kill all its men and take as booty the women, children,
livestock Livestock are the Domestication, domesticated animals that are raised in an Agriculture, agricultural setting to provide labour and produce diversified products for consumption such as meat, Egg as food, eggs, milk, fur, leather, and wool. The t ...
, and everything else in the town. Those were the rules for towns that lay very far from Israel, but for the towns of the nations in the land—the
Hittites The Hittites () were an Anatolian peoples, Anatolian Proto-Indo-Europeans, Indo-European people who formed one of the first major civilizations of the Bronze Age in West Asia. Possibly originating from beyond the Black Sea, they settled in mo ...
,
Amorites The Amorites () were an ancient Northwest Semitic languages, Northwest Semitic-speaking Bronze Age people from the Levant. Initially appearing in Sumerian records c. 2500 BC, they expanded and ruled most of the Levant, Mesopotamia and parts of Eg ...
,
Canaan CanaanThe current scholarly edition of the Septuagint, Greek Old Testament spells the word without any accents, cf. Septuaginta : id est Vetus Testamentum graece iuxta LXX interprets. 2. ed. / recogn. et emendavit Robert Hanhart. Stuttgart : D ...
ites,
Perizzites The Perizzites () are a group of people mentioned many times in the Hebrew Bible as having lived in the land of Canaan before the arrival of the Israelites. The name may be related to a Hebrew term meaning "rural person."For the etymology, see Hi ...
, Hivites, and
Jebusite The Jebusites (; ) were, according to the Book of Joshua and Books of Samuel from the Hebrew Bible, a Canaanite tribe that inhabited Jerusalem, called Jebus () before the conquest initiated by Joshua (, ) and completed by David (). According to s ...
s—the Israelites were to kill everyone, lest they lead the Israelites into doing all the abhorrent things that those nations had done for their gods. A closed portion ends here. In the continuation of the reading, Moses instructed that when the Israelites besieged a city for a long time, they could eat the
fruit In botany, a fruit is the seed-bearing structure in flowering plants (angiosperms) that is formed from the ovary after flowering. Fruits are the means by which angiosperms disseminate their seeds. Edible fruits in particular have long propaga ...
of the city's trees, but they were not to cut down any trees that could yield
food Food is any substance consumed by an organism for Nutrient, nutritional support. Food is usually of plant, animal, or Fungus, fungal origin and contains essential nutrients such as carbohydrates, fats, protein (nutrient), proteins, vitamins, ...
. The third open portion ends here with the end of chapter 20. In the continuation of the reading, Moses taught that if, in the land, they found the body of a murder victim lying in the open, and they could not determine the killer, then the elders and judges were to measure the distances from the corpse to the nearby towns. The elders of the nearest town were to take a heifer that had never worked down to an ever-flowing
wadi Wadi ( ; ) is a river valley or a wet (ephemerality, ephemeral) Stream bed, riverbed that contains water only when heavy rain occurs. Wadis are located on gently sloping, nearly flat parts of deserts; commonly they begin on the distal portion ...
and break its
neck The neck is the part of the body in many vertebrates that connects the head to the torso. It supports the weight of the head and protects the nerves that transmit sensory and motor information between the brain and the rest of the body. Addition ...
. The priests were to come forward, and all the elders were to wash their hands over the heifer. In the maftir () reading of Deuteronomy 21:7–9 that concludes the parashah, the elders were to declare that their hands did not shed the blood nor their eyes see it, and they were to ask God to absolve the Israelites, and not let guilt for the blood of the innocent remain among them, and God would absolve them of bloodguilt. Deuteronomy 21:9 concludes the final closed portion.


Readings according to the triennial cycle

Jews who read the Torah according to the
triennial cycle The Triennial cycle of Torah reading may refer to either * The historical practice in ancient Israel by which the entire Torah was read in serial fashion over a three-year period, or * The practice adopted by many Reform, Conservative, Reconstruct ...
of Torah reading read the parashah according to the following schedule:


In ancient parallels

The parashah has parallels in these ancient sources:


Deuteronomy chapter 19

With the Cities of Refuge in Deuteronomy 4:41–43 and 19:1–13 and Numbers 35:9–34, Divine intervention replaces a system of vengeance with a system of justice, much as in the play of the 5th century BCE
Greek Greek may refer to: Anything of, from, or related to Greece, a country in Southern Europe: *Greeks, an ethnic group *Greek language, a branch of the Indo-European language family **Proto-Greek language, the assumed last common ancestor of all kno ...
playwright A playwright or dramatist is a person who writes play (theatre), plays, which are a form of drama that primarily consists of dialogue between Character (arts), characters and is intended for Theatre, theatrical performance rather than just Readin ...
Aeschylus Aeschylus (, ; ; /524 – /455 BC) was an ancient Greece, ancient Greek Greek tragedy, tragedian often described as the father of tragedy. Academic knowledge of the genre begins with his work, and understanding of earlier Greek tragedy is large ...
''The Eumenides'', the third part of ''The
Oresteia The ''Oresteia'' () is a trilogy of Greek tragedies written by Aeschylus in the 5th century BC, concerning the murder of Agamemnon by Clytemnestra, the murder of Clytemnestra by Orestes, the trial of Orestes, the end of the curse on the House ...
'',
Athena Athena or Athene, often given the epithet Pallas, is an ancient Greek religion, ancient Greek goddess associated with wisdom, warfare, and handicraft who was later syncretism, syncretized with the Roman goddess Minerva. Athena was regarde ...
's intervention helps to replace vengeance with
trial by jury A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial, in which a judge or panel of judges makes all decisions. Jury trials are increasingly used ...
. The
Code of Hammurabi The Code of Hammurabi is a Babylonian legal text composed during 1755–1750 BC. It is the longest, best-organized, and best-preserved legal text from the ancient Near East. It is written in the Old Babylonian dialect of Akkadian language, Akkadi ...
contained precursors of the law of "an
eye for an eye "An eye for an eye" (, ) is a commandment found in the Book of Exodus 21:23–27 expressing the principle of reciprocal justice measure for measure. The earliest known use of the principle appears in the Code of Hammurabi, which predates the wr ...
" in Deuteronomy 19:16–21. The Code of Hammurabi provided that if a man destroyed the eye of another man, they were to destroy his eye. If one broke a man's bone, they were to break his bone. If one destroyed the eye of a
commoner A commoner, also known as the ''common man'', ''commoners'', the ''common people'' or the ''masses'', was in earlier use an ordinary person in a community or nation who did not have any significant social status, especially a member of neither ...
or broke the bone of a commoner, he was to pay one mina of silver. If one destroyed the eye of a slave or broke a bone of a slave, he was to pay one-half the slave's price. If a man knocked out a tooth of a man of his own rank, they were to knock out his tooth. If one knocked out a tooth of a commoner, he was to pay one-third of a mina of silver. If a man struck a man's daughter and brought about a miscarriage, he was to pay 10 shekels of silver for her miscarriage. If the woman died, they were to put the man's daughter to death. If a man struck the daughter of a commoner and brought about a miscarriage, he was to pay five shekels of silver. If the woman died, he was to pay one-half of a mina of silver. If he struck a man's female slave and brought about a miscarriage, he was to pay two shekels of silver. If the female slave died, he was to pay one-third of a mina of silver.


In inner-biblical interpretation

The parashah has parallels or is discussed in these Biblical sources:


Deuteronomy chapters 12–26

Benjamin Sommer Benjamin D. Sommer (Hebrew: בנימין זומר; born July 6, 1964) is an American biblical scholar and Jewish theologian. He is a Professor of Bible at The Jewish Theological Seminary of America and a Senior Fellow at the Shalom Hartman Institu ...
argued that Deuteronomy 12–26 borrowed whole sections from the earlier text of Exodus 21–23.


Deuteronomy chapter 16

Deuteronomy 16:18 instructs the Israelites to appoint judges and officers in all their cities. Similarly,
2 Chronicles The Book of Chronicles ( , "words of the days") is a book in the Hebrew Bible, found as two books (1–2 Chronicles) in the Christian Old Testament. Chronicles is the final book of the Hebrew Bible, concluding the third section of the Jewish Tan ...
19:511 reports that
Jehoshaphat Jehoshaphat (; alternatively spelled Jehosaphat, Josaphat, or Yehoshafat; ; ; ), according to the Hebrew Bible, was the son of Asa, and the fourth king of the Kingdom of Judah, in succession to his father. His children included Jehoram, who ...
appointed judges throughout all the fortified cities of Judah. These verses parallel the provisions for setting up judicial systems in Exodus 18:13–27 and Deuteronomy 1:9–18. Deuteronomy 16:19 requires fairness in the administration of justice. Earlier, in Exodus 23:2, God told Moses to tell the people not to follow a multitude to do wrong, nor to bear witness in a dispute to turn aside after a multitude to pervert justice. And in Exodus 23:6, God instructed the people not to subvert the rights of the poor in their disputes. Along the same lines, in Deuteronomy 24:17, Moses admonished against perverting the justice due to the stranger or the orphan, and in Deuteronomy 27:19, Moses invoked a curse on those who pervert the justice due to the stranger, orphan, and widow. Among the prophets, in
Isaiah Isaiah ( or ; , ''Yəšaʿyāhū'', "Yahweh is salvation"; also known as Isaias or Esaias from ) was the 8th-century BC Israelite prophet after whom the Book of Isaiah is named. The text of the Book of Isaiah refers to Isaiah as "the prophet" ...
10:1–2, the prophet invoked woe on those who decree unrighteous decrees to the detriment of the needy, the poor, widows, or orphans and in
Amos Amos or AMOS may refer to: Arts and entertainment * ''Amos'' (album), an album by Michael Ray * Amos (band), an American Christian rock band * ''Amos'' (film), a 1985 American made-for-television drama film * Amos (guitar), a 1958 Gibson Fl ...
5:12, the prophet berated the sins of afflicting the just and turning aside the needy in judicial proceedings. In the writings,
Proverbs A proverb (from ) or an adage is a simple, traditional saying that expresses a perceived truth based on common sense or experience. Proverbs are often metaphorical and are an example of formulaic language. A proverbial phrase or a proverbial ...
17:23 warns that a wicked person takes a gift to pervert the ways of justice. Deuteronomy 16:19 states the rule most broadly, when Moses said simply, "You shall not judge unfairly." Similarly, Deuteronomy 16:19 prohibits showing partiality in judicial proceedings. Earlier, in Exodus 23:3, God told Moses to tell the people, more narrowly, not to favor a poor person in a dispute. More broadly, in Deuteronomy 10:17, Moses told that God shows no partiality among persons. Among the prophets, in
Malachi Malachi or Malachias (; ) is the name used by the author of the Book of Malachi, the last book of the Nevi'im (Prophets) section of the Hebrew Bible, Tanakh. It is possible that ''Malachi'' is not a proper name, because it means "messenger"; ...
2:9, the prophet quoted God as saying that the people had not kept God's ways when they showed partiality in the law, and in the writings,
Psalm The Book of Psalms ( , ; ; ; ; , in Islam also called Zabur, ), also known as the Psalter, is the first book of the third section of the Tanakh (Hebrew Bible) called ('Writings'), and a book of the Old Testament. The book is an anthology of H ...
82:2 asks, "How long will you judge unjustly, and show favor to the wicked?" Proverbs 18:5 counsels that it is not good to show partiality to the wicked, to turn aside the righteous in judgment. Similarly, Proverbs 24:23 and 28:21 say that to show partiality is not good. 2 Chronicles 19:7 reports that God has no iniquity or favoritism. The prohibition of bribes in Deuteronomy 16:19—more likely offered by the rich than the poor—echoes the prohibition in Exodus 23:6 of subverting the rights of the poor in disputes. Deuteronomy 16:22 addresses the practice of setting up a sacred stone, or
baetyl A baetyl (; also betyl), literally "house of god", is a sacred stone (sometimes believed to be a meteorite) that was venerated and thought to house a god or deity. The most famous example is the Omphalos stored in the Temple of Apollo at the Gre ...
(, ''matzeivah''). In
Genesis Genesis may refer to: Religion * Book of Genesis, the first book of the biblical scriptures of both Judaism and Christianity, describing the creation of the Earth and of humankind * Genesis creation narrative, the first several chapters of the Bo ...
28:18, Jacob took the stone on which he had slept, set it up as a baetyl (, ''matzeivah''), and poured oil on the top of it. Exodus 23:24 later directed the Israelites to break in pieces the Canaanites' baetyls (, ''matzeivoteihem''). Leviticus 26:1 directed the Israelites not to rear up a baetyl. Deuteronomy 12:2–4 charged the Israelites to destroy the Canaanites' pillars and sacred posts (, ''matzeivotam'') and not to worship God in like manner, and Deuteronomy 16:22 prohibited the Israelites from setting up a sacred post, "which the Lord your God hates."


Deuteronomy chapter 17

Deuteronomy 17:1 reiterates the prohibition of sacrificing an animal with a defect in Deuteronomy 15:21–23. The Torah addresses the need for corroborating witnesses three times:
Numbers A number is a mathematical object used to count, measure, and label. The most basic examples are the natural numbers 1, 2, 3, 4, and so forth. Numbers can be represented in language with number words. More universally, individual numbers can ...
35:30 instructs that a manslayer may be executed only on the evidence of two or more witnesses. Deuteronomy 17:6 states the same multiple witness requirement for idolatry and all capital cases, and Deuteronomy 19:15 applies the rule to all criminal offenses. Deuteronomy 13:9 and 17:7 both state that the witnesses verifying wrongful worship of other gods shall also be the first to carry out the death sentence. Deuteronomy 17:9 assigns "the priests, the Levites" a judicial role. The Levites' role as judges also appears in Chronicles and
Nehemiah Nehemiah (; ''Nəḥemyā'', "Yahweh, Yah comforts") is the central figure of the Book of Nehemiah, which describes his work in rebuilding Jerusalem during the Second Temple period as the governor of Yehud Medinata, Persian Judea under Artaxer ...
. The Hebrew Bible also assigns to the Levites the duties of teaching the law, ministering before the Ark, singing, and blessing God's Name. Deuteronomy 17:14–20 sets out rules for kings. In
1 Samuel The Book of Samuel () is a book in the Hebrew Bible, found as two books (1–2 Samuel) in the Old Testament. The book is part of the Deuteronomistic history, a series of books (Joshua, Judges, Samuel, and Kings) that constitute a theological ...
8:10–17, the prophet
Samuel Samuel is a figure who, in the narratives of the Hebrew Bible, plays a key role in the transition from the biblical judges to the United Kingdom of Israel under Saul, and again in the monarchy's transition from Saul to David. He is venera ...
warned what kings would do. The king would take the Israelites' sons to be horsemen, to serve with the king's chariots, to serve as officers, to plow the king's ground, to reap the harvest, and to make chariots and other instruments of war. The king would take the Israelites' daughters to be perfumers, cooks, and bakers. The king would take the Israelites' fields, vineyards, and olive yards and give them to his servants. The king would take the tenth part of the Israelites' seed, grapes, and flocks. The king would take the Israelites' servants and donkeys and put them to his work. The Israelites would be the king's servants. Deuteronomy 17:16–17 teaches that the king was not to keep many horses, marry many wives, or amass excess silver and gold.
1 Kings The Book of Kings (, '' Sēfer Məlāḵīm'') is a book in the Hebrew Bible, found as two books (1–2 Kings) in the Old Testament of the Christian Bible. It concludes the Deuteronomistic history, a history of ancient Israel also including ...
10:14–23, however, reports that King
Solomon Solomon (), also called Jedidiah, was the fourth monarch of the Kingdom of Israel (united monarchy), Kingdom of Israel and Judah, according to the Hebrew Bible. The successor of his father David, he is described as having been the penultimate ...
accumulated riches exceeding all the kings of the earth, and that he received 660 talents—about 20
ton Ton is any of several units of measure of mass, volume or force. It has a long history and has acquired several meanings and uses. As a unit of mass, ''ton'' can mean: * the '' long ton'', which is * the ''tonne'', also called the ''metric ...
s—of gold every year, in addition to that which came in taxes from the merchants, traders, and governors of the country. 1 Kings 10:24–26 reports that all the earth brought horses and mules to King Solomon, and he gathered 1,400 chariots and 12,000 horsemen. 1 Kings 11:3 reports that King Solomon had 700 wives and 300 concubines, and his wives turned away his heart. The 1639 Fundamental Agreement of the
New Haven Colony New Haven Colony was an English colony from 1638 to 1664 that included settlements on the north shore of Long Island Sound, with outposts in modern-day New York, New Jersey, Pennsylvania, and Delaware. The colony joined Connecticut Colony in 16 ...
reported that John Davenport, a
Puritan The Puritans were English Protestants in the 16th and 17th centuries who sought to rid the Church of England of what they considered to be Roman Catholic practices, maintaining that the Church of England had not been fully reformed and should b ...
clergyman and co-founder of the colony, declared to all the free planters forming the colony that Exodus 18:2, Deuteronomy 1:13, and Deuteronomy 17:15 described the kind of people who might best be trusted with matters of government, and the people at the meeting assented without opposition.


Deuteronomy chapter 18

The law in Deuteronomy 18:6–8, establishing that the rural Levites who came to Jerusalem were equal in rank and privilege with their fellow-tribesmen already ministering there, was not carried out during
Josiah Josiah () or Yoshiyahu was the 16th king of Judah (–609 BCE). According to the Hebrew Bible, he instituted major religious reforms by removing official worship of gods other than Yahweh. Until the 1990s, the biblical description of Josiah’s ...
's religious reforms, as 2 Kings 23:9 reports. Deuteronomy 18:16 refers back directly to Deuteronomy 5:21, but in Deuteronomy 5:21 the language is communal: "Now therefore why should ''we'' die? for this great fire will consume ''us''; if ''we'' hear the voice of the Lord our God any more, then ''we'' shall die", whereas the Israelites' anxiety is expressed in Deuteronomy 18:16 in a single voice: "Let ''me'' not hear again the voice of the Lord ''my'' God, neither let ''me'' see this great fire any more, that ''I'' die not."


Deuteronomy chapter 19

The Hebrew Bible refers to cities of refuge in Exodus 21:13; Numbers 35:9–34; Deuteronomy 4:41–43 and 19:1–13; and
Joshua Joshua ( ), also known as Yehoshua ( ''Yəhōšuaʿ'', Tiberian Hebrew, Tiberian: ''Yŏhōšuaʿ,'' Literal translation, lit. 'Yahweh is salvation'), Jehoshua, or Josue, functioned as Moses' assistant in the books of Book of Exodus, Exodus and ...
20:1–9. The exhortation of Deuteronomy 19:9 "to walk in God's ways" reflects a recurring theme in Deuteronomy also present in Deuteronomy 5:30; 8:6; 10:12; 11:22; 26:17; 28:9; and 30:16. The provisions for responding to a false witness in Deuteronomy 19:16–19 reflect the commandment given in Deuteronomy 5:17: "You shall not bear false witness against your neighbor." Torah sets forth the law of " an eye for an eye" in three separate places: Exodus 21:22–25; Leviticus 24:19–21; and Deuteronomy 19:21.


Deuteronomy chapter 21

Professor Amy Kalmanofsky of the Jewish Theological Seminary suggested that the closest analogue to the ritual in Deuteronomy 21:1–9 in response to an unsolved murder is the ritual for the suspected wife (, ''
sotah Sotah ( or , "strayer") is a tractate of the Talmud in Rabbinic Judaism. The tractate explains the ordeal of the bitter water, a trial by ordeal of a woman suspected of adultery, which is prescribed by the Book of Numbers in the Hebrew Bible ( ...
'') in Numbers 5:11–31, as both rituals addressed cases where the community faced the possibility of a capital crime without the evidence necessary to determine guilt or innocence.


In early nonrabbinic interpretation

The parashah has parallels or is discussed in these early nonrabbinic sources:


Deuteronomy chapter 17

Philo Philo of Alexandria (; ; ; ), also called , was a Hellenistic Jewish philosopher who lived in Alexandria, in the Roman province of Egypt. The only event in Philo's life that can be decisively dated is his representation of the Alexandrian J ...
called the rule that a judge should not receive the testimony of a single witness "an excellent commandment." Philo argued first that a person might inadvertently gain a false impression of a thing or be careless about observing and therefore be deceived. Secondly, Philo argued it unjust to trust to one witness against many persons, or indeed against only one individual, for why should the judge trust a single witness testifying against another, rather than the defendant pleading on the defendant's own behalf? Where there is no preponderance of opinion for guilt, Philo argued, it is best to suspend judgment. Similarly,
Josephus Flavius Josephus (; , ; ), born Yosef ben Mattityahu (), was a Roman–Jewish historian and military leader. Best known for writing '' The Jewish War'', he was born in Jerusalem—then part of the Roman province of Judea—to a father of pr ...
reported the rule of Deuteronomy 17:6 and 19:15, writing that judges should not credit a single witness, but rather should rely only on three, or two at the least, and only those whose testimony was confirmed by their good lives. Professor
Lawrence Schiffman Lawrence Harvey Schiffman born in 1948, is a professor at New York University (as of 2014); he was formerly Vice-Provost of Undergraduate Education at Yeshiva University and Professor of Jewish Studies (from early 2011 to 2014). He had previously ...
of
New York University New York University (NYU) is a private university, private research university in New York City, New York, United States. Chartered in 1831 by the New York State Legislature, NYU was founded in 1832 by Albert Gallatin as a Nondenominational ...
observed that the
Damascus Document The Damascus Document is an ancient Hebrew text known from both the Cairo Geniza and the Dead Sea Scrolls.Philip R. Davies, "Damascus Document", in Eric M. Meyers (ed.), ''The Oxford Encyclopedia of Archaeology in the Near East'' (Oxford Universit ...
and the
Temple Scroll The Temple Scroll () is the longest of the Dead Sea Scrolls. Among the discoveries at Qumran it is designated: 11QTemple Scrolla (11Q19 1QTa. It describes a Jewish temple, along with extensive detailed regulations about sacrifices and temple prac ...
of the
Qumran Qumran (; ; ') is an archaeological site in the West Bank managed by Israel's Qumran National Park. It is located on a dry marl plateau about from the northwestern shore of the Dead Sea, about south of the historic city of Jericho, and adjac ...
sectarians appear to have interpreted Deuteronomy 17:17, "Neither shall he multiply wives to himself," to prohibit a king from having more than one wife, and thus that the sectarians felt that Deuteronomy 17:17 intended that the king serve as an example against polygamy in the general population.


Deuteronomy chapter 20

Paraphrasing Deuteronomy 20:10, Josephus reported that Moses told the Israelites that when they were about to go to war, they should send emissaries and heralds to those whom they had chosen to make enemies, for it was right to make use of words before weapons of war. The Israelites were to assure their enemies that although the Israelites had a numerous army, horses, weapons, and, above these, a merciful God ready to assist them, they nonetheless desired their enemies not to compel the Israelites to fight against them or to take from them what they had. And if the enemies heeded the Israelites, it would be proper for the Israelites to keep peace with the enemies. But if the enemies trusted in their own strength as superior to that of the Israelites and would not do the Israelites justice, then the Israelites were to lead their army against the enemies, making use of God as their supreme Commander.


In classical rabbinic interpretation

The parashah is discussed in these
rabbi A rabbi (; ) is a spiritual leader or religious teacher in Judaism. One becomes a rabbi by being ordained by another rabbi—known as ''semikha''—following a course of study of Jewish history and texts such as the Talmud. The basic form of t ...
nic sources from the era of the
Mishnah The Mishnah or the Mishna (; , from the verb ''šānā'', "to study and review", also "secondary") is the first written collection of the Jewish oral traditions that are known as the Oral Torah. Having been collected in the 3rd century CE, it is ...
and the
Talmud The Talmud (; ) is the central text of Rabbinic Judaism and the primary source of Jewish religious law (''halakha'') and Jewish theology. Until the advent of Haskalah#Effects, modernity, in nearly all Jewish communities, the Talmud was the cen ...
:


Deuteronomy chapter 16

Tractate
Sanhedrin The Sanhedrin (Hebrew and Middle Aramaic , a loanword from , 'assembly,' 'sitting together,' hence ' assembly' or 'council') was a Jewish legislative and judicial assembly of either 23 or 70 elders, existing at both a local and central level i ...
in the Mishnah,
Tosefta The Tosefta ( "supplement, addition") is a compilation of Jewish Oral Law from the late second century, the period of the Mishnah and the Jewish sages known as the '' Tannaim''. Background Jewish teachings of the Tannaitic period were cha ...
,
Jerusalem Talmud The Jerusalem Talmud (, often for short) or Palestinian Talmud, also known as the Talmud of the Land of Israel, is a collection of rabbinic notes on the second-century Jewish oral tradition known as the Mishnah. Naming this version of the Talm ...
, and Babylonian Talmud interpreted the laws of judges in Deuteronomy 16:18–20. The ''Mishnah'' described three levels of courts: courts of 3 judges, courts of 23 judges, and a court of 71 judges, called the Great
Sanhedrin The Sanhedrin (Hebrew and Middle Aramaic , a loanword from , 'assembly,' 'sitting together,' hence ' assembly' or 'council') was a Jewish legislative and judicial assembly of either 23 or 70 elders, existing at both a local and central level i ...
. Courts of three judges heard cases involving
monetary Money is any item or verifiable record that is generally accepted as payment for goods and services and repayment of debts, such as taxes, in a particular country or socio-economic context. The primary functions which distinguish money are: med ...
disputes,
larceny Larceny is a crime involving the unlawful taking or theft of the personal property of another person or business. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of Eng ...
,
bodily injury Injury is physiological damage to the living tissue of any organism, whether in humans, in other animals, or in plants. Injuries can be caused in many ways, including mechanically with penetration by sharp objects such as teeth or with b ...
(as in Leviticus 24:19), claims for full or half
damages At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognized at ...
as for damage done by a goring ox (described in Exodus 21:35), the repayment of the double (as in Exodus 23:3) or four- or five-fold
restitution Restitution and unjust enrichment is the field of law relating to gains-based recovery. In contrast with damages (the law of compensation), restitution is a claim or remedy requiring a defendant to give up benefits wrongfully obtained. Liability ...
of stolen goods (as in Exodus 21:37),
rape Rape is a type of sexual assault involving sexual intercourse, or other forms of sexual penetration, carried out against a person without consent. The act may be carried out by physical force, coercion, abuse of authority, or against a person ...
(as in Deuteronomy 22:28–29),
seduction In sexuality, seduction means enticing someone else into sexual intercourse or Human sexual activity, other sexual activity. Strategies of seduction include conversation and Sexual script theory, sexual scripts, paralanguage, paralingual featur ...
(as in Exodus 22:15–16),Mishnah Sanhedrin 1:1Babylonian Talmud Sanhedrin 2a
flogging Flagellation (Latin , 'whip'), flogging or whipping is the act of beating the human body with special implements such as whips, rods, switches, the cat o' nine tails, the sjambok, the knout, etc. Typically, flogging has been imposed ...
(as in Deuteronomy 25:2–3, although in the name of
Rabbi Ishmael Rabbi Yishmael ben Elisha Nachmani (Hebrew: רבי ישמעאל בן אלישע), often known as Rabbi Yishmael and sometimes given the title "Ba'al HaBaraita" (Hebrew: בעל הברייתא, “Master of the Outside Teaching”), was a rabbi of ...
it was said that cases involving flogging were heard by courts of 23), the determination that a new month had begun (as in Exodus 12:2),Mishnah Sanhedrin 1:2Babylonian Talmud Sanhedrin 2a
the performance of '' ḥalizah'' (as in Deuteronomy 25:5–10), and a woman's refusal of an
arranged marriage Arranged marriage is a type of Marriage, marital union where the bride and groom are primarily selected by individuals other than the couple themselves, particularly by family members such as the parents. In some cultures, a professional matchmaki ...
.Mishnah Sanhedrin 1:3Babylonian Talmud Sanhedrin 2a
Courts of 23 judges heard cases involving capital punishment, persons or beasts charged with unnatural intercourse (as in Leviticus 20:15–16), an ox that gored a person (as in Exodus 21:28), and
wolves The wolf (''Canis lupus''; : wolves), also known as the grey wolf or gray wolf, is a canine native to Eurasia and North America. More than thirty subspecies of ''Canis lupus'' have been recognized, including the dog and dingo, though gr ...
,
lion The lion (''Panthera leo'') is a large Felidae, cat of the genus ''Panthera'', native to Sub-Saharan Africa and India. It has a muscular, broad-chested body (biology), body; a short, rounded head; round ears; and a dark, hairy tuft at the ...
s,
bear Bears are carnivoran mammals of the family (biology), family Ursidae (). They are classified as caniforms, or doglike carnivorans. Although only eight species of bears are extant, they are widespread, appearing in a wide variety of habitats ...
s,
leopard The leopard (''Panthera pardus'') is one of the five extant cat species in the genus ''Panthera''. It has a pale yellowish to dark golden fur with dark spots grouped in rosettes. Its body is slender and muscular reaching a length of with a ...
s,
hyena Hyenas or hyaenas ( ; from Ancient Greek , ) are feliform carnivoran mammals belonging to the family Hyaenidae (). With just four extant species (each in its own genus), it is the fifth-smallest family in the order Carnivora and one of the sma ...
s, or
snake Snakes are elongated limbless reptiles of the suborder Serpentes (). Cladistically squamates, snakes are ectothermic, amniote vertebrates covered in overlapping scales much like other members of the group. Many species of snakes have s ...
s that killed a person. (
Eliezer ben Hurcanus Eliezer ben Hurcanus (or Hyrcanus) () was one of the most prominent Judean ''tannaitic'' Sages of 1st- and 2nd-century Judaism, a disciple of Rabban Yohanan ben Zakkai, Avot of Rabbi Natan 14:5 and a colleague of Gamaliel II (whose sister, ...
said that whoever killed such an animal, even without a trial, acquired merit, but
Rabbi Akiva Akiva ben Joseph (Mishnaic Hebrew: ; – 28 September 135 CE), also known as Rabbi Akiva (), was a leading Jewish scholar and sage, a '' tanna'' of the latter part of the first century and the beginning of the second. Rabbi Akiva was a leadin ...
held that their death was to be decided by a court of 23.) A court of 71 heard cases involving a tribe that had gone astray after idol-worship, a
false prophet In religion, a false prophet or pseudoprophet is a person who falsely claims the gift of prophecy or divine inspiration, or to speak for God, or who makes such claims for evil ends. Often, someone who is considered a "true prophet" by some peop ...
(as in Deuteronomy 18:20), a
High Priest The term "high priest" usually refers either to an individual who holds the office of ruler-priest, or to one who is the head of a religious organisation. Ancient Egypt In ancient Egypt, a high priest was the chief priest of any of the many god ...
, optional war (that is, all wars apart from the conquest of Canaan), additions to the city of
Jerusalem Jerusalem is a city in the Southern Levant, on a plateau in the Judaean Mountains between the Mediterranean Sea, Mediterranean and the Dead Sea. It is one of the List of oldest continuously inhabited cities, oldest cities in the world, and ...
or the
Temple A temple (from the Latin ) is a place of worship, a building used for spiritual rituals and activities such as prayer and sacrifice. By convention, the specially built places of worship of some religions are commonly called "temples" in Engli ...
courtyards, institution of small sanhedrins (of 23) for the tribes, and condemnation of a city (as in Deuteronomy 13:13).Mishnah Sanhedrin 1:5Babylonian Talmud Sanhedrin 2a
Rabbi Meir Rabbi Meir () was a Jewish sage who lived in the time of the Mishnah. He was one of the Tannaim of the fourth generation (139–163), and a disciple of Rabbi Akiva. He is the second most frequently mentioned sage in the Mishnah and is mentioned ...
taught that courts of three judges heard
defamation Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions ...
cases (as in Deuteronomy 22:14–21), but the Sages held that libel cases required a court of 23, as they could involve a capital charge (for if they found the woman guilty, Deuteronomy 22:21 required that they stone her). Rabbi Meir taught that courts of three judges determined whether intercalation of an additional month to the year was needed, but Rabban
Simeon ben Gamliel Simeon ben Gamliel (I) ( or רשב"ג הראשון; c. 10 BCE – 70 CE) was a '' Tanna'' (sage) and leader of the Jewish people. He served as nasi of the Great Sanhedrin at Jerusalem during the outbreak of the First Jewish–Roman War, succ ...
said that the matter was initiated by three, discussed by five, and determined by seven. The Mishnah held that if, however, it had been determined by only three, the determination held good.
Simeon bar Yochai Shimon bar Yochai (Zohar#Language, Zoharic Aramaic: , ''Šimʿon bar Yoḥay'') or Shimon ben Yochai (Mishnaic Hebrew: ), also known by the acronym Rashbi, was a 2nd-century tannaim, tanna or sage of the period of Judaea (Roman province), Roman ...
taught that courts of three judges performed the laying of the elders' hands on the head of a communal sacrifice (as in Leviticus 4:15) and the breaking of the heifer's neck (as in Deuteronomy 21:1–9), but
Judah bar Ilai Judah beRabbi Ilai (Mishnaic Hebrew: יהודה בר' אלעאי), usually known as Rabbi Judah or Judah bar Ilai, was a rabbi of the 2nd century (fourth generation of Tannaim), and a disciple of Rabbi Akiva. Of the many Judahs in the Talmud, he ...
said courts of five judges did so. The Mishnah taught that three experts were required for the assessment of fourth-year fruit (as in Leviticus 19:23–25) and the
second tithe The second tithe (Hebrew: ''ma'aser sheni'' מעשר שני) is a tithe mentioned in the Hebrew Bible and practised within Orthodox Judaism. It is distinguished from the first tithe (Hebrew: ''ma'aser rishon'' מעשר ראשון), the third or ...
(as in Deuteronomy 14:22–26) of unknown value, of consecrated objects for redemption purposes, and valuations of movable property the value of which had been vowed to the Sanctuary. According to Judah bar Ilai, one of them had to be a kohen. The Mishnah taught that 10 including a kohen were required in the case of valuation of real estate or a person. Citing Proverbs 21:3, "To do righteousness and justice is more acceptable to the Lord than sacrifice," a
midrash ''Midrash'' (;"midrash"
. ''Random House Webster's Unabridged Dictionary''.
; or ''midrashot' ...
taught that God told David that the justice and the righteousness that he did were more beloved to God than the Temple. The midrash noted that Proverbs 21:3 does not say, "As much as sacrifice," but "More than sacrifice." The midrash explained that sacrifices were operative only so long as the Temple stood, but righteousness and justice hold good even when the Temple no longer stands. Simeon ben Ḥalafta told that once an ant dropped a grain of wheat, and all the ants came and sniffed at it, yet not one of them took it, until the one to whom it belonged came and took it. Simeon ben Ḥalafta praised the ant's wisdom and praiseworthiness, because the ant had not learned its ways from any other creature and had no judge or officer to guide it, as Proverbs 6:6–7 says, the ant has "no chief, overseer, or ruler." How much more should people, who have judges and officers, hearken to them. Hence, Deuteronomy 16:18 directs appointment of judges in all the Israelites' cities. Shimon ben Lakish (Resh Lakish) deduced from the proximity of the discussions of appointment of judges in Deuteronomy 16:18 and the Canaanite idolatrous practice of the
Asherah Asherah (; ; ; ; Qatabanian language, Qatabanian: ') was a goddess in ancient Semitic religions. She also appears in Hittites, Hittite writings as ''Ašerdu(š)'' or ''Ašertu(š)'' (), and as Athirat in Ugarit. Some scholars hold that Ashera ...
in Deuteronomy 16:21 that appointing an incompetent judge is as though planting an idolatrous tree.
Rav Ashi Rav Ashi () ("Rabbi Ashi") (352–427) was a Babylonian Jewish rabbi, of the sixth generation of amoraim. He reestablished the Academy at Sura and was the first editor of the Babylonian Talmud. The original pronunciation of his name may h ...
said that such an appointment made in a place where there were scholars is as though planting the idolatrous tree beside the Altar, for Deuteronomy 16:21 concludes "beside the altar of the Lord your God." Similarly, Rav Ashi interpreted the words of Exodus 20:20, "You shall not make with Me gods of silver or gods of gold," to refers to judges appointed because of silver or gold. The
Sifre Sifre (; ''siphrēy'', ''Sifre, Sifrei'', also, ''Sifre debe Rab'' or ''Sifre Rabbah'') refers to either of two works of '' Midrash halakha'', or classical Jewish legal biblical exegesis, based on the biblical books of Numbers and Deuteronomy. ...
interpreted the words "You shall not judge unfairly" in Deuteronomy 16:19 to mean that one should not say "So-and-so is impressive" or "Such-and-such is my relative." The Sifre interpreted the words "you shall show no partiality" in Deuteronomy 16:19 to mean that one should not say "So-and-so is poor" or "Such-and-such is rich." A
baraita ''Baraita'' ( "external" or "outside"; pl. ''bārayāṯā'' or in Hebrew ''baraitot''; also baraitha, beraita; Ashkenazi pronunciation: berayse) designates a tradition in the Oral Torah of Rabbinical Judaism that is not incorporated in the Mi ...
reasoned that Exodus 23:8, "And you shall take no bribe," cannot teach merely that one should not acquit the guilty nor convict the innocent due to a bribe, for Deuteronomy 16:19 already says, "You shall not wrest judgment." Rather, Exodus 23:8 teaches that even if a bribe is given to ensure that a judge acquit the innocent and convict the guilty, Exodus 23:8 nevertheless says, “And you shall take no bribe.” Thus it is prohibited for a judge to receive anything from litigants, even if there is no concern at all that justice will be perverted. Rava (Abba ben Joseph bar Ḥama) taught that the reason for the prohibition against taking a bribe is that once a judge accepts a bribe from a party, the judge's thoughts draw closer to the party and the party becomes like the judge's own self, and one does not find fault with oneself. The
Gemara The Gemara (also transliterated Gemarah, or in Yiddish Gemore) is an essential component of the Talmud, comprising a collection of rabbinical analyses and commentaries on the Mishnah and presented in 63 books. The term is derived from the Aram ...
noted that the term “bribe” (, ''shochad'') alludes to this idea, as it can be read as “as he is one” (''shehu chad''), that is, the judge is at one mind with the litigant. Rav Papa taught that judges should not judge cases involving those whom the judge loves (as the judge will not find any fault in them), nor involving those whom the judge hates (as the judge will not find any merit in them).Babylonian Talmud Ketubot 105b
The Sages taught that it is not necessary to say that Exodus 23:8 precludes bribery by means of money, and even verbal bribery is also prohibited. The law that a bribe is not necessarily monetary was derived from the fact that Exodus 23:8 does not say: “And you shall take no profit.” The Gemara illustrated this by telling how
Samuel Samuel is a figure who, in the narratives of the Hebrew Bible, plays a key role in the transition from the biblical judges to the United Kingdom of Israel under Saul, and again in the monarchy's transition from Saul to David. He is venera ...
was once crossing a river on a ferry and a certain man gave him a hand to help him out of the ferryboat. Samuel asked him what he was doing in the place, and when the man told Samuel that he had a case to present before Samuel, Samuel told him that he was disqualified from presiding over the case, as the man did Samuel a favor, and although no money changed hands, a bond had been formed between them. Similarly, the Gemara told that Amemar disqualified himself from presiding over the case of a person who removed a feather from Amemar's head, and Mar Ukva disqualified himself from presiding over the case of a person who covered spittle that was lying before Mar Ukva. The Sifre interpreted the words "Justice, justice shall you pursue" in Deuteronomy 16:20 to teach that if a defendant has departed from a court with a judgment of innocence, the court has no right to call the defendant back to impose a judgment of guilt. And if a defendant has departed from a court with a judgment of guilt, the court does still have the ability to call the defendant back to reach a judgment of innocence. Alternatively, the Sifre interpreted the words "Justice, justice shall you pursue" in Deuteronomy 16:20 to teach that one should seek a court that give well-construed rulings. Similarly, the Rabbis taught in a baraita that the words "Justice, justice shall you pursue" mean that one should pursue the most respected jurist to the place where the jurist holds court. The Rabbis also taught a baraita that the words "Justice, justice shall you pursue" meant that one should follow sages to their academies. Shimon ben Lakish contrasted Leviticus 19:15, "In justice shall you judge your neighbor," with Deuteronomy 16:20, "Justice, justice shall you pursue," and concluded that Leviticus 19:15 referred to an apparently genuine claim, while Deuteronomy 16:20 referred to the redoubled scrutiny appropriate to a suit that one suspected to be dishonest. Rav Ashi found no contradiction, however, between the two verses, for a baraita taught that in the two mentions of "justice" in Deuteronomy 16:20, one mention referred to a decision based on strict law, while the other referred to compromise. For example, where two boats meet on a narrow river headed in opposite directions, if both attempted to pass at the same time, both would sink, but if one made way for the other, both could pass without mishap. Similarly, if two camels met on the ascent to Bethoron, if they both ascended at the same time, both could fall into the valley, but if they ascended one after another, both could ascend safely. These were the principles by which the travelers were to resolve their impasse: If one was loaded and the other unloaded, then the unloaded was to give way to the loaded. If one was nearer to its destination than the other, then the nearer was to give way to the farther. If they were equally near to their destinations, then they were to compromise and the one that went first was to compensate the one who gave way. The Sages taught that Deuteronomy 16:20, "Justice, justice, shall you follow," teaches that one should follow the best, most prestigious, court of the generation. For example, follow after Rabbi Eliezer to Lod, after Rabban Yoḥanan ben Zakkai to Beror Ḥayil. The Mishnah taught that the words of
Jeremiah Jeremiah ( – ), also called Jeremias, was one of the major prophets of the Hebrew Bible. According to Jewish tradition, Jeremiah authored the Book of Jeremiah, book that bears his name, the Books of Kings, and the Book of Lamentations, with t ...
17:7, "Blessed is the man who trusts in the Lord and whose hope is the Lord," apply to a judge who judges truly and with integrity. The Mishnah taught that the words of Deuteronomy 16:20, "Righteousness, righteousness shall you pursue," apply to tell that an able-bodied person who feigned to be disabled would become disabled. Similarly, the words of Exodus 23:8, "And a gift shall you not accept; for a gift blinds them that have sight," apply to tell that a judge who accepted a bribe or who perverted justice would become poor of vision. Reading the words "that you may thrive and occupy the land that the Lord your God is giving you" in Deuteronomy 16:20, the Sifre taught that the appointment of judges is of such importance that it could lead to the resurrection of Israel, their settlement in the Land of Israel, and their protection from being destroyed by the sword. Samuel bar Naḥman taught in the name of Rabbi Jonathan that when a judge unjustly takes the possessions of one and gives them to another, God takes that judge's life, as Proverbs 22:22–23 says: "Rob not the poor because he is poor; neither oppress the afflicted in the gate, for the Lord will plead their cause, and will despoil of life those that despoil them." Samuel bar Naḥman also taught in the name of Rabbi Jonathan that judges should always think of themselves as if they had a sword hanging over them and
Gehenna Gehenna ( ; ) or Gehinnom ( or ) is a Biblical toponym that has acquired various theological connotations, including as a place of divine punishment, in Jewish eschatology. The place is first mentioned in the Hebrew Bible as part of the border ...
gaping under them, as
Song of Songs The Song of Songs (), also called the Canticle of Canticles or the Song of Solomon, is a Biblical poetry, biblical poem, one of the five ("scrolls") in the ('writings'), the last section of the Tanakh. Unlike other books in the Hebrew Bible, i ...
3:7–8 says: "Behold, it is the litter of Solomon; 60 mighty men are about it, of the mighty men of Israel. They all handle the sword and are expert in war; every man has his sword upon his thigh, because of dread in the night." Rabbi Josiah (or others say Rav Naḥman bar Isaac) interpreted the words, "O house of David, thus says the Lord: 'Execute justice in the morning and deliver the spoiled out of the hand of the oppressor,'" in Jeremiah 21:12 to mean that judges should render judgment only if the judgment that they are about to give is as clear to them as the morning light. The Sifre deduced from the words "You shall not plant an Asherah of any kind of tree beside the altar of the Lord your God" in Deuteronomy 16:21 that planting a tree on the
Temple Mount The Temple Mount (), also known as the Noble Sanctuary (Arabic: الحرم الشريف, 'Haram al-Sharif'), and sometimes as Jerusalem's holy esplanade, is a hill in the Old City of Jerusalem, Old City of Jerusalem that has been venerated as a ...
would violate a commandment. Rabbi Eliezer ben Jacob deduced from the prohibition against any kind of tree beside the altar in Deuteronomy 16:21 that wooden
column A column or pillar in architecture and structural engineering is a structural element that transmits, through compression, the weight of the structure above to other structural elements below. In other words, a column is a compression member ...
s were not allowed in the Temple courtyard. The Gemara explained that it was not permitted to build with wood near the altar. Rav Chisda, however, taught that baetyls were permitted. Reading the prohibition of baetyls in Deuteronomy 16:22, the Sifre noted that the baetyl esteemed by the
Patriarchs The highest-ranking bishops in Eastern Orthodoxy, Oriental Orthodoxy, the Roman Catholic Church (above major archbishop and primate), the Hussite Church, Church of the East, and some Independent Catholic Churches are termed patriarchs (and in ...
was despised by their descendants.


Deuteronomy chapter 17

The Mishnah taught that a court would examine witnesses in capital cases with seven questions: (1) In which cycle of seven years within a jubilee did the event occur? (2) In which year of the Sabbatical cycle did the event occur? (3) In which month did the event occur? (4) On which day of the month did the event occur? (5) On which day of the week did the event occur? (6) At which hour did the event occur? And (7) in what place did the event occur? Rabbi Yosei said that the court would examine the witnesses with only three questions: On which day did the event occur, at which hour, and in what place? In the Gemara, Rav Judah taught that the sources for these seven interrogations were the three verses Deuteronomy 13:15, "And you shall inquire, and investigate, and ask diligently"; Deuteronomy 17:4, "If it be told to you and you have heard it and inquired diligently"; and Deuteronomy 19:18, "And the judges shall inquire diligently." The Mishnah questioned why Deuteronomy 17:6 discussed three witnesses, when two witnesses were sufficient to establish guilt. The Mishnah deduced that the language of Deuteronomy 17:6 meant to analogize between a set of two witnesses and a set of three witnesses. Just as three witnesses could discredit two witnesses, two witnesses could discredit three witnesses. The Mishnah deduced from the multiple use of the word "witnesses" in Deuteronomy 17:6 that two witnesses could discredit even a hundred witnesses. Rabbi Simeon deduced from the multiple use of the word "witnesses" in Deuteronomy 17:6 that just as two witnesses were not executed as perjurers until both had been incriminated, so three were not executed until all three had been incriminated.
Rabbi Akiva Akiva ben Joseph (Mishnaic Hebrew: ; – 28 September 135 CE), also known as Rabbi Akiva (), was a leading Jewish scholar and sage, a '' tanna'' of the latter part of the first century and the beginning of the second. Rabbi Akiva was a leadin ...
deduced that the addition of the third witness in Deuteronomy 17:6 was to teach that the perjury of a third, superfluous witness was just as serious as that of the others. Rabbi Akiva concluded that if Scripture so penalized an accomplice just as one who committed a wrong, how much more would God reward an accomplice to a good deed. The Mishnah further deduced from the multiple use of the word "witnesses" in Deuteronomy 17:6 that just as the disqualification of one of two witnesses would invalidate the evidence of the set of two witnesses, so would the disqualification of one witness invalidate the evidence of even a hundred. Jose ben Ḥalafta said that these limitations applied only to witnesses in capital charges, and that in monetary suits, the balance of the witnesses could establish the evidence.
Judah the Prince Judah ha-Nasi (, ''Yəhūḏā hanNāsīʾ‎''; Yehudah HaNasi or Judah the Prince or Judah the President) or Judah I, known simply as Rebbi or Rabbi, was a second-century rabbi (a tanna of the fifth generation) and chief redactor and editor o ...
said that the same rule applied to monetary suits or capital charges where the disqualified witnesses joined to take part in the warning of the defendant, but the rule did not disqualify the remaining witnesses where the disqualified witnesses did not take part in the warning. The Gemara further qualified the Mishnah's ruling. The Gemara cited the Torah's requirement for corroborating witnesses in Deuteronomy 17:6 to support the Mishnah's prohibition of circumstantial evidence in capital cases. The Mishnah reported that they admonished witnesses in capital cases not to testify based on conjecture (that is, circumstantial evidence) or hearsay, for the court would scrutinize the witnesses' evidence by cross-examination and inquiry. The Gemara reported that the Rabbis taught that the words "based on conjecture" in the Mishnah meant that the judge told the witness that if the witness saw the defendant running after the victim into a ruin, and the witness pursued the defendant and found the defendant with bloody sword in hand and the victim writhing in agony, then the judge would tell the witness that the witness saw nothing (and did not actually witness a murder). It was taught in a baraita that Rabbi
Simeon ben Shetach Simeon ben Shetach, or Shimon ben Shetach or Shatach (), ''circa'' 140-60 BCE, was a Pharisee scholar and Nasi of the Sanhedrin during the reigns of Alexander Jannæus (c. 103-76 BCE) and his successor, Queen Salome Alexandra (c. 76-67 BCE), wh ...
said that he once did see a man pursuing his fellow into a ruin, and when Rabbi Simeon ben Shetach ran after the man and saw him, bloody sword in hand and the murdered man writhing, Rabbi Simeon ben Shetach exclaimed to the man, "Wicked man, who slew this man? It is either you or I! But what can I do, since your blood (that is, life) does not rest in my hands, for it is written in the Torah (in Deuteronomy 17:6) 'At the mouth of two witnesses . . . shall he who is to die be put to death'? May He who knows one's thoughts (that is, God) exact vengeance from him who slew his fellow!" The Gemara reported that before they moved from the place, a serpent bit the murderer and he died. The Gemara read the Torah's requirement for corroborating witnesses to limit the participation of witnesses and Rabbinical students in trials. The Mishnah taught that in monetary cases, all may argue for or against the defendant, but in capital cases, all may argue in favor of the defendant, but not against the defendant. The Gemara asked whether the reference to "all" in this Mishnah included even the witnesses. Jose b. Judah and the Rabbis disagreed to some degree. The Gemara read the words of Numbers 35:30, "But one witness shall not testify against any person," to indicate that a witness cannot participate in a trial—either for acquittal or condemnation—beyond providing testimony. Jose b. Judah taught that a witness could argue for acquittal, but not for condemnation. Rav Papa taught that the word "all" means to include not the witnesses, but the Rabbinical students who attended trials, and thus was not inconsistent with the views of Jose b. Judah or of the Rabbis. The Gemara explained the reasoning of Jose b. Judah for his view that witnesses may argue in favor of the accused as follows: Numbers 35:30 says, "But one witness shall not testify against any person that he die." Hence, according to the reasoning of Jose b. Judah, only "so that he die" could the witness not argue, but the witness could argue for acquittal. Shimon ben Lakish explained the reasoning of the Rabbis forbidding a witness to argue in favor of the accused as follows: the Rabbis reasoned that if a witness could argue the case, then the witness might seem personally concerned in his testimony (for a witness contradicted by subsequent witnesses could be subject to execution for testifying falsely). The Gemara then asked how the Rabbis interpreted the words, "so that he die" (which seems to indicate that the witness may not argue only when it leads to death). The Gemara explained that the Rabbis read those words to apply to the Rabbinical students (constraining the students not to argue for condemnation). A baraita taught that they did not listen to a witness who asked to make a statement in the defendant's favor, because Numbers 35:30 says, "But one witness shall not testify." They did not listen to a Rabbinical student who asked to argue a point to the defendant's disadvantage, because Numbers 35:30 says, "One shall not testify against any person that he die" (but a student could do so for acquittal). Rabbi Jose said that a malefactor was never put to death unless two witnesses had duly pre-admonished the malefactor, as Deuteronomy 17:6 prescribes, “At the mouth of two witnesses or three witnesses shall he that is worthy of death be put to death.” And the Mishnah reported another interpretation of the words, “At the mouth of two witnesses,” was that the Sanhedrin would not hear evidence from the mouth of an interpreter. Rav Zutra bar Tobiah reported that Rav reasoned that Deuteronomy 17:6 disqualified isolated testimony when it prescribes that “at the mouth of one witness he shall not be put to death.” This special admonition against one witness would seem redundant to the earlier context, “At the mouth of two witnesses or three witnesses shall he that is worthy of death be put to death,” so it was taken to mean that individual witnesses who witnesses the crime, one by one, in isolation from each other, were insufficient to convict. Similarly, a baraita taught that Deuteronomy 17:6 prescribes, “At the mouth of one witness he shall not be put to death,” to cover instances where two persons see the wrongdoer, one from one window and the other from another window, without seeing each other, in which case the evidence could not be joined to form a set of witnesses sufficient to convict. Even if they both witnessed the offence from the same window, one after the other, their testimony could not be joined to form a set of witnesses sufficient to convict. Rabbi Ishmael the son of Rabbi Jose commanded Rabbi
Judah the Prince Judah ha-Nasi (, ''Yəhūḏā hanNāsīʾ‎''; Yehudah HaNasi or Judah the Prince or Judah the President) or Judah I, known simply as Rebbi or Rabbi, was a second-century rabbi (a tanna of the fifth generation) and chief redactor and editor o ...
not to engage in a lawsuit against three parties, for one would be an opponent and the other two would be witnesses for the other side. Discussing the need for two witnesses, the Gemara related an incident where Tuveya sinned with immorality, and Zigud testified about it before Rav Pappa. Rav Pappa instructed that Zigud be lashed. When Zigud complained to Rav Pappa that Tuveya sinned and Zigud was lashed, Rav Pappa replied that Deuteronomy 19:15 enjoins, "One witness shall not rise up against a person," and Zigud testified against Tuveya alone, thereby merely giving Tuveya a bad reputation. Rabbi Samuel bar Rav Isaac said that Rav said that although one who sees another committing a sin should not testify alone against the sinner, the witness is nonetheless permitted to hate the sinner, as Exodus 23:5 states, "If you see the donkey of one who hates you lying under its load," and the Gemara interpreted this verse to refer to a case like this one where a witness saw a sinner perform a licentious matter. Rav Aḥa, son of Rava, asked Rav Ashi whether one who saw someone sin may tell one's teacher, so that the teacher too would hate the sinner. Rav Ashi replied that if the student knew that teacher trusted the student as much as two witnesses, and therefore the teacher would accept the student's statement, then the student should tell the teacher, but if the teacher did not trust the student as much as two witnesses, then the student should not tell the teacher. The Rabbis explained that God commanded Moses to carve ''two'' tablets in Deuteronomy 10:1 because they were to act as witnesses between God and Israel. The two tablets corresponded to the two witnesses whom Deuteronomy 17:6 and 19:15 require to testify to a cause, to two groomsmen, to bridegroom and bride, to heaven and earth, to this world and the
world to come The world to come, age to come, heaven on Earth, and the Kingdom of God are eschatology, eschatological phrases reflecting the belief that the World (theology), current world or Dispensation (period), current age is flawed or cursed and will be r ...
. Rabbi Ḥiyya taught that the righteous dead remain aware of the actions of the living, while the wicked dead do not, reading to that effect
Ecclesiastes Ecclesiastes ( ) is one of the Ketuvim ('Writings') of the Hebrew Bible and part of the Wisdom literature of the Christian Old Testament. The title commonly used in English is a Latin transliteration of the Greek translation of the Hebrew word ...
9:5, "For the living know that they will die, and the dead know nothing." To support his argument, Rabbi Ḥiyya cited Deuteronomy 17:6, "At the mouth of two witnesses or three witnesses the dead shall be put to death," which refers to the condemned sinner as "the dead." Rabbi Ḥiyya read Deuteronomy 17:6 to teach that Scripture considers the wicked person dead from the outset because of the wicked person's sin. Who were the judges in the court described in Deuteronomy 17:9? The Mishnah taught that the High Priest could serve as a judge. But the King could not. Mishnah Sanhedrin 2:2
Babylonian Talmud Sanhedrin 18a
When a vacancy arose, a new judge was appointed from the first row of scholars who sat in front of the judges. Rav Joseph reported that a baraita interpreted the reference to "the priests" in Deuteronomy 17:9 to teach that when the priests served in the Temple, a judge could hand down capital punishment, but when the priesthood is not functioning, the judge may not issue such judgments. Deuteronomy 17:9 instructs, "you shall come . . . to the judge ''who shall be in those days''," but how could a person go to a judge who was not in that person's days? The Rabbis taught in a baraita that Deuteronomy 17:9 employs the words "who shall be in those days" to show that one must be content to go to the judge who is in one's days and accept that judge's authority. The Rabbis taught that Ecclesiastes 7:10 conveys a similar message when it says, "Say not, 'How was it that the former days were better than these?'" The Sages based their authority to legislate rules equally binding with those laid down in the Torah on the words of Deuteronomy 17:11: "According to the law that they shall teach you . . . you shall do; you shall not turn aside from the sentence that they shall declare to you." The Mishnah recounted a story that demonstrated the authority of the court in Deuteronomy 17:11—that one must follow the rulings of the court and "not turn . . . to the right hand, nor to the left." After two witnesses testified that they saw the new moon at its proper time (on the thirtieth day of the month shortly before nightfall), Rabban
Gamaliel Gamaliel the Elder (; also spelled Gamliel; ''Rabban Gamlīʾēl hazZāqēn''; ''Gamaliēl ho Presbýteros''), or Rabban Gamaliel I, was a leading authority in the Sanhedrin in the early first century CE. He was the son of Simeon ben Hillel a ...
(the president of the Great Sanhedrin in
Jerusalem Jerusalem is a city in the Southern Levant, on a plateau in the Judaean Mountains between the Mediterranean Sea, Mediterranean and the Dead Sea. It is one of the List of oldest continuously inhabited cities, oldest cities in the world, and ...
) accepted their evidence and ruled that a new month had begun. But later at night (after the nightfall with which the thirty-first day of the earlier month would have begun), when the new moon should have been clearly visible, no one saw the new moon. Rabbi
Dosa ben Harkinas Dosa ben Harkinas () was of the first generation of the Jewish Tanna sages, proceeding from the era of the Zugot. Contemporary to Yochanan ben Zakai, he was active during the era of the Second Temple of Jerusalem, and lived to an old age, even af ...
declared the two witnesses to be false witnesses, comparing their testimony to that of witnesses who testify that a woman bore a child, when on the next day her belly was still swollen.
Rabbi Joshua Joshua ben Hananiah ( ''Yəhōšūaʿ ben Ḥănanyā''; d. 131 CE), also known as Rabbi Yehoshua, was a leading tanna of the first half-century following the destruction of the Second Temple. He is the eighth-most-frequently mentioned sage in th ...
told Rabbi Dosa that he saw the force of his argument. Rabban Gamaliel then ordered Rabbi Joshua to appear before Rabban Gamaliel with his staff and money on the day which according to Rabbi Joshua's reckoning would be
Yom Kippur Yom Kippur ( ; , ) is the holiest day of the year in Judaism. It occurs annually on the 10th of Tishrei, corresponding to a date in late September or early October. For traditional Jewish people, it is primarily centered on atonement and ...
. (According to Rabbi Joshua's reckoning, Yom Kippur would fall a day after the date that it would fall according to Rabban Gamaliel's reckoning. And Leviticus 16:29 prohibited carrying a staff and money on Yom Kippur.) Rabbi Akiva then found Rabbi Joshua in great distress (agonizing over whether to obey Rabban Gamaliel's order to do what Rabbi Joshua considered profaning Yom Kippur). Rabbi Akiva told Rabbi Joshua that he could prove that whatever Rabban Gamaliel ordered was valid. Rabbi Akiva cited Leviticus 23:4, which says, "These are the appointed seasons of the Lord, holy convocations, which you shall proclaim in their appointed seasons," which is to say that whether they are proclaimed at their proper time or not, God has no appointed seasons other than those that are proclaimed. Rabbi Joshua then went to Rabbi Dosa, who told Rabbi Joshua that if they called into question the decisions of the court of Rabban Gamaliel, then they would have to call into question the decisions of every court since the days of Moses. For Exodus 24:9 says, "Then Moses and Aaron, Nadab and Abihu, and 70 of the elders of Israel went up," and Exodus 24:9 does not mention the names of the elders to show that every group of three that has acted as a court over Israel is on a level with the court of Moses (as most of the members of that court also bore names without distinction). Rabbi Joshua then took his staff and his money and went to Rabban Gamaliel on the day that Rabbi Joshua reckoned was Yom Kippur. Rabban Gamaliel rose and kissed Rabbi Joshua on his head and said, "Come in peace, my teacher and my disciple—my teacher in wisdom and my disciple because you have accepted my decision." The Mishnah explained the process by which one was found to be a rebellious elder within the meaning of Deuteronomy 17:12. Three courts of law sat in Jerusalem: one at the entrance to the Temple Mount, a second at the door of the Temple Court, and the third, the Great Sanhedrin, in the Hall of Hewn Stones in the Temple Court. The dissenting elder and the other members of the local court with whom the elder disputed went to the court at the entrance to the Temple Mount, and the elder stated what the elder and the elder's colleagues expounded. If the first court had heard a ruling on the matter, then the court stated it. If not, the litigants and the judges went to the second court, at the entrance of the Temple Court, and the elder once again declared what the elder and the elder's colleagues expounded. If this second court had heard a ruling on the matter, then this court stated it. If not, then they all proceeded to the Great Sanhedrin at the Hall of Hewn Stones, which issued instruction to all Israel, for Deuteronomy 17:10 said that "they shall declare to you from that place that the Lord shall choose," meaning the Temple. If the elder then returned to the elder's town and issued a decision contrary to what the Great Sanhedrin had instructed, then the elder was guilty of acting "presumptuously" within the meaning of Deuteronomy 17:12. But if one of the elder's disciples issued a decision opposed to the Great Sanhedrin, the disciple was exempt from judgment, for the very stringency that kept the disciple from having yet been ordained served as a source of leniency to prevent the disciple from being found to be a rebellious elder.


Rules for kings

Mishnah Sanhedrin 2:4–5 and Babylonian Talmud Sanhedrin 20b–22b interpreted the laws governing the king in Deuteronomy 17:14–20. The Mishnah taught that the king could lead the army to a voluntary war on the decision of a court of 71. He could force a way through private property, and none could stop him. There was no limit to the size of the king's road. And he had first choice of the plunder taken by the people in war. The Rabbis disagreed about the powers of the king. The Gemara reported that
Judah bar Ezekiel Judah bar Ezekiel (220–299 CE) () often known as Rav Yehudah, was a Babylonian amora of the 2nd generation. Biography Judah was the most prominent disciple of Rav, in whose house he often stayed, and whose son Hiyya b. Rav was his pupil. Af ...
said in Samuel of Nehardea's name that a king was permitted to take all the actions that 1 Samuel 8:4–18 enumerated, but
Abba Arika Rav Abba bar Aybo (; 175–247 CE), commonly known as Abba Arikha () or simply as Rav (), was a Jewish amora of the 3rd century. He was born and lived in Kafri, Asoristan, in the Sasanian Empire. In Sura, Arikha established the systematic st ...
said that 1 Samuel 8 was intended only to frighten the people, citing the emphatic double verb in the words "You shall surely set a king over you" in Deuteronomy 17:15 to indicate that the people would fear the king. The Gemara also reported the same dispute among other
Tannaim ''Tannaim'' ( Amoraic Hebrew: תנאים "repeaters", "teachers", singular ''tanna'' , borrowed from Aramaic) were the rabbinic sages whose views are recorded in the Mishnah, from approximately 10–220 CE. The period of the Tannaim, also refe ...
; in this account, Rabbi Jose said that a king was permitted to take all the actions that 1 Samuel 8:4–18 enumerated, but Rabbi Judah said that 1 Samuel 8 was intended only to frighten the people, citing the emphatic double verb in the words "You shall surely set a king over you" in Deuteronomy 17:15 to indicate that the people would fear the king. Rabbi Judah (or others say Rabbi Jose) said that three commandments were given to the Israelites when they entered the land: (1) the commandment of Deuteronomy 17:14–15 to appoint a king, (2) the commandment of Deuteronomy 25:19 to blot out
Amalek Amalek (; ) is described in the Hebrew Bible as the enemy of the nation of the Israelites. The name "Amalek" can refer to the descendants of Amalek, the grandson of Esau, or anyone who lived in their territories in Canaan, or North African descend ...
, and (3) the commandment of Deuteronomy 12:10–11 to build the Temple in Jerusalem. Rabbi Nehorai, on the other hand, said that Deuteronomy 17:14–15 did not command the Israelites to choose a king, but was spoken only in anticipation of the Israelites' future complaints, as Deuteronomy 17:14 says, "And (you) shall say, 'I will set a king over me.'" The Mishnah taught that the king could neither judge nor be judged, testify nor be testified against. The king could not perform the ceremony to decline
Levirate marriage Levirate marriage is a type of marriage in which the brother of a deceased man is obliged to marry his brother's widow. Levirate marriage has been practiced by societies with a strong clan structure in which exogamous marriage (i.e. marriage o ...
(, ''ḥalizah'') nor could the ceremony be performed to his wife. The king could not perform the duty of a brother in Levirate marriage (, ''
yibbum ''Yibbum'' (, ) is the form of levirate marriage found in Judaism. As specified by , the brother of a man who died without children is permitted and encouraged to marry the widow. However, if either of the parties refuses to go through with the ...
''), nor could that duty be performed to his wife. Rabbi Judah taught that if the king wished to perform ''ḥalizah'' or ''yibbum'', he would be remembered for good. But the rabbis taught that even if he wished to do so, he was not listened to, and no one could marry his widow. Rabbi Judah taught that a king could marry a king's widow, for David married the widow of
Saul Saul (; , ; , ; ) was a monarch of ancient Israel and Judah and, according to the Hebrew Bible and Old Testament, the first king of the United Monarchy, a polity of uncertain historicity. His reign, traditionally placed in the late eleventh c ...
, as 2 Samuel 12:8 reports, "And I gave you your master's house and your master's wives to your bosom." Deuteronomy 17:15 says that "the Lord your God shall choose" the Israelite king.
Hanan bar Rava Ḥanan bar Rava (חנן/חנא/חנין בר רב/א) or Ḥanan bar Abba (חנן בר א/בא) was a Talmudic sage and second-generation Babylonian Amora. He lived in Israel, moved to Babylonia with Abba b. Aybo, and died there ca. 290 CE. He ...
said in the name of Rav that even the superintendent of a well is appointed in Heaven, as 1 Chronicles 29:11 says that God is "sovereign over every leader." The Mishnah interpreted the words "He shall not multiply horses to himself" in Deuteronomy 17:16 to limit the king to only as many horses as his chariots required. Mishnah Sanhedrin 2:4
Babylonian Talmud Sanhedrin 21b
The Mishnah interpreted the words "Neither shall he multiply wives to himself" in Deuteronomy 17:17 to limit him to no more than 18 wives. Judah said that he could have more wives if they did not turn away his heart. But Simeon said that he must not marry even one wife who would turn away his heart. The Mishnah concluded that Deuteronomy 17:17 prohibited the king from marrying more than 18 wives, even if they were all as righteous as
Abigail Abigail () was an Israelite woman in the Hebrew Bible married to Nabal; she married the future King David after Nabal's death (1 Samuel ). Abigail was David's third wife, after Ahinoam and Saul's daughter, Michal, whom Saul later married to ...
the wife of David. The Gemara noted that Judah did not always employ the rationale behind a Biblical passage as a basis for limiting its legal effect, as he did here in Mishnah Sanhedrin 2:4. The Gemara explained that Rabbi Judah employed the rationale behind the law here because Deuteronomy 17:17 itself expounds the rationale behind its legal constraint: The reason behind the command, "he shall not multiply wives to himself," is so "that his heart be not turned aside." Thus Rabbi Judah reasoned that Deuteronomy 17:17 itself restricts the law to these conditions, and a king could have more wives if "his heart be not turned aside." The Gemara noted that Simeon did not always interpret a Biblical passage strictly by its plain meaning, as he appeared to do here in Mishnah Sanhedrin 2:4. The Gemara explained that Simeon could have reasoned that Deuteronomy 17:17 adds the words, "that his heart turn not away," to imply that the king must not marry even a single wife who might turn away his heart. And one could interpret the words "he shall not multiply" to mean that the king must not marry many wives even if they, like Abigail, would never turn away his heart. The Gemara then analyzed how the anonymous first view in Mishnah Sanhedrin 2:4 came to its conclusion that the king could have no more than 18 wives. The Gemara noted that 2 Samuel 3:2–5 refers to the children of six of David's wives born to David in
Hebron Hebron (; , or ; , ) is a Palestinian city in the southern West Bank, south of Jerusalem. Hebron is capital of the Hebron Governorate, the largest Governorates of Palestine, governorate in the West Bank. With a population of 201,063 in ...
. The Gemara reasoned that the prophet Nathan referred to these six wives in 2 Samuel 12:8 when he said, "And if that were too little, then would I add to you the like of these, and the like of these," each "these" implying six more wives. Thus with the original six, these two additions of six would make 18 in all. The Mishnah interpreted the words "and silver and gold he shall not greatly multiply to himself" in Deuteronomy 17:17 to limit the king to only as much silver and gold as he needed to pay his soldiers. The Mishnah interpreted the words "he shall write a copy of this law in a book" in Deuteronomy 17:18 to teach that when he went to war, he was to take it with him; on returning, he was to bring it back; when he sat in judgment, it was to be with him; and when he sat down to eat, it was to be before him, to fulfill the words of Deuteronomy 17:19, "and it shall be with him and he shall read in it all the days of his life."


Deuteronomy chapter 18


Rules for Levites

The interpreters of Scripture by symbol taught that the deeds of
Phinehas According to the Hebrew Bible, Phinehas (also spelled Phineas, ; , ''Phinees'', ) was a priest during the Exodus. The grandson of Aaron and son of Eleazar, the High Priests (), he distinguished himself as a youth at Shittim with his zeal again ...
explained why Deuteronomy 18:3 directed that the priests were to receive the foreleg, cheeks, and stomach of sacrifices. The foreleg represented the hand of Phinehas, as Numbers 25:7 reports that Phinehas "took a spear in his hand." The cheeks represent the prayer of Phinehas, as Psalm 106:30 reports, "Then Phinehas stood up and prayed, and so the plague was stayed." The stomach was to be taken in its literal sense, for Numbers 25:8 reports that Phinehas "thrust . . . the woman through her belly." Tractate
Terumot Terumot (, lit. "Priestly dues" and often, "heave-offering") is the sixth tractate of '' Seder Zeraim'' ("Order of Seeds") of the Mishnah and of the Jerusalem Talmud. This tractate discusses the laws of teruma, a gift of produce that an Israe ...
in the Mishnah, Tosefta, and Jerusalem Talmud interpreted the laws of the first of one's grain, wine, and oil that Numbers 18:12 and Deuteronomy 18:4 required one to give to a Priest. Tractate Bikkurim in the Mishnah, Tosefta, and Jerusalem Talmud interpreted the laws of the firstfruits in Exodus 23:19 and 34:26, Numbers 18:13, and Deuteronomy 12:17–18, 18:4, and 26:1–11. The Mishnah taught that the Torah set no amount for the firstfruits that the Israelites had to bring.


Rules for prophets

Mishnah Sanhedrin 7:7
an
Babylonian Talmud Sanhedrin 64a–b
interpreted the laws prohibiting passing one's child through the fire to
Molech Moloch, Molech, or Molek is a word which appears in the Hebrew Bible several times, primarily in the Book of Leviticus. The Greek Septuagint translates many of these instances as "their king", but maintains the word or name ''Moloch'' in others, ...
in Leviticus 18:21 and 20:1–5, and Deuteronomy 18:10. Rabbi Assi taught that the children of Noah were also prohibited to do anything stated in Deuteronomy 18:10–11: "There shall not be found among you any one that makes his son or his daughter to pass through the fire, one that uses divination, a soothsayer, or an enchanter, or a sorcerer, or a charmer, or one that consults a ghost or a familiar spirit, or a necromancer." The Mishnah defined a "sorcerer" (, ''mechashef'') within the meaning of Deuteronomy 18:10 to be one who performed magic, in which case the sorcerer was liable to death. But if the offender merely created illusions, the offender was not put to death. Rabbi Akiva said in Rabbi Joshua's name that two may gather cucumbers by "magic," and one was to be punished and the other was to be exempt. The one who actually gathered the cucumbers by magic was to be punished, while the one who performed an illusion was exempt. Similarly, the Sifre defined the terms "augurer," "diviner," "soothsayer," and "sorcerer" within the meaning of Deuteronomy 18:10. An "augurer" was one who took hold of a staff and said, "Whether I should go or not." Rabbi Ishmael said that a "soothsayer" was someone who passed something over his eye. Rabbi Akiva said that soothsayers calculated the seasons, as did those who declared that the years prior to the seventh year produced good wheat or bad beans. The Sages said soothsayers were those who performed illusions. The Sifre defined "diviners" as people who said that something could be divined from, for example, bread falling from someone's mouth, a staff falling from someone's hand, a snake passing on one's right or a fox on one's left, a deer stopping on the way before someone, or the coming of the new moon. The Sifre taught that a "sorcerer" was someone who actually carried out a deed, not merely performing an illusion. Rabbi Joḥanan taught that sorcerers are called , ''kashefim'', because they seek to contradict the power of Heaven. (Some read , ''kashefim'', as an acronym for , ''kachash pamalia'', "contradicting the legion f Heaven") But the Gemara noted that Deuteronomy 4:35 says, "There is none else besides Him (God)." Rabbi Ḥanina interpreted Deuteronomy 4:35 to teach that even sorcerers have no power to oppose God's will. A woman once tried to take earth from under Rabbi Ḥanina's feet (to perform sorcery against him). Rabbi Ḥanina told her that if she could succeed in her attempts, she should go ahead, but (he was not concerned, for) Deuteronomy 4:35 says, "There is none else beside Him." But the Gemara asked whether Rabbi Joḥanan had not taught that sorcerers are called , ''kashfim'', because they (actually) contradict the power of Heaven. The Gemara answered that Rabbi Ḥanina was in a different category, owing to his abundant merit (and therefore Heaven protected him). In Deuteronomy 18:15, Moses foretold that "A prophet will the Lord your God raise up for you, from your midst, of your brethren." The Sifre deduced from the words "for you" that God would not raise up a prophet for other nations. The Sifre deduced from the words "from your midst" that a prophet could not come from abroad. The Sifre deduced from the words "of your brethren" that a prophet could not be an outsider. In Deuteronomy 18:15, Moses foretold that "A prophet will the Lord your God raise up for you ... ''like me''," and Rabbi Joḥanan thus taught that prophets would have to be, like Moses, strong, wealthy, wise, and meek. Strong, for Exodus 40:19 says of Moses, "he spread the tent over the tabernacle," and a Master taught that Moses himself spread it, and Exodus 26:16 reports, "Ten
cubit The cubit is an ancient unit of length based on the distance from the elbow to the tip of the middle finger. It was primarily associated with the Sumerians, Egyptians, and Israelites. The term ''cubit'' is found in the Bible regarding Noah ...
s shall be the length of a board." Similarly, the strength of Moses can be derived from Deuteronomy 9:17, in which Moses reports, "And I took the two tablets, and cast them out of my two hands, and broke them," and it was taught that the tablets were six handbreadths in length, six in breadth, and three in thickness. Wealthy, as Exodus 34:1 reports God's instruction to Moses, "Carve yourself two tablets of stone," and the Rabbis interpreted the verse to teach that the chips would belong to Moses. Wise, for Rav and Samuel both said that 50 gates of understanding were created in the world, and all but one were given to Moses, for Psalm 8:6 said of Moses, "You have made him a little lower than God." Meek, for Numbers 12:3 reports, "Now the man Moses was very meek." The Mishnah taught that the community was to execute a false prophet within the meaning of Deuteronomy 18:20—one who prophesied what the prophet had not heard or what was not told to the prophet. But Heaven alone would see to the death of the person who suppressed a prophecy or disregarded the words of a prophet, or a prophet who transgressed the prophet's own word. For in Deuteronomy 18:19, God says, "''I'' will require it of him." The Mishnah taught that only a court of 71 members (the Great Sanhedrin) could try a false prophet. The Mishnah taught that the community was to execute by strangulation a false prophet and one who prophesied in the name of an idol. The Mishnah taught that one who prophesied in the name of an idol was subject to execution by strangulation even if the prophecy chanced upon the correct law. A baraita taught that prophecy died when the later prophets
Haggai Haggai or Aggeus (; – ''Ḥaggay''; ; Koine Greek: Ἀγγαῖος; ) was a Hebrew prophet active during the building of the Second Temple in Jerusalem, one of the twelve minor prophets in the Hebrew Bible, and the author or subject of the ...
, Zechariah, and
Malachi Malachi or Malachias (; ) is the name used by the author of the Book of Malachi, the last book of the Nevi'im (Prophets) section of the Hebrew Bible, Tanakh. It is possible that ''Malachi'' is not a proper name, because it means "messenger"; ...
died, and the Divine Spirit departed from Israel. But Jews could still on occasion hear echoes of a Heavenly Voice ('' Bat Kol'').


Deuteronomy chapter 19


Cities of refuge

Chapter 2 of tractate
Makkot Makkot () is a tractate of the Mishnah and Talmud. It is the fifth volume of the order of ''Nezikin''. Makkot deals primarily with laws of the beth din ('' halakhic'' courts) and the punishments which they may administer and may be regarded as a ...
in the Mishnah, Tosefta, Jerusalem Talmud, and Babylonian Talmud interpreted the laws of the cities of refuge in Exodus 21:12–14, Numbers 35:1–34, Deuteronomy 4:41–43, and 19:1–13. The Mishnah taught that those who killed in error went into banishment. One would go into banishment if, for example, while one was pushing a roller on a roof, the roller slipped over, fell, and killed someone. One would go into banishment if while one was lowering a cask, it fell and killed someone. One would go into banishment if while coming down a ladder, one fell and killed someone. But one would ''not'' go into banishment if while pulling ''up'' the roller it fell back and killed someone, or while ''raising'' a bucket the rope snapped and the falling bucket killed someone, or while going ''up'' a ladder one fell and killed someone. The Mishnah's general principle was that whenever the death occurred during a downward movement, the culpable person went into banishment, but if the death did not occur during a downward movement, the person did not go into banishment. If while chopping wood, the iron slipped from the ax handle and killed someone,
Rabbi A rabbi (; ) is a spiritual leader or religious teacher in Judaism. One becomes a rabbi by being ordained by another rabbi—known as ''semikha''—following a course of study of Jewish history and texts such as the Talmud. The basic form of t ...
taught that the person did not go into banishment, but the sages said that the person did go into banishment. If from the split log rebounding killed someone, Rabbi said that the person went into banishment, but the sages said that the person did not go into banishment. Rabbi Jose bar Judah taught that to begin with, they sent a slayer to a city of refuge, whether the slayer killed intentionally or not. Then the court sent and brought the slayer back from the city of refuge. The Court executed whomever the court found guilty of a capital crime, and the court acquitted whomever the court found not guilty of a capital crime. The court restored to the city of refuge whomever the court found liable to banishment, as Numbers 35:25 ordained, "The congregation shall restore him to the city of refuge from where he had fled." Numbers 35:25 also says, "The manslayer . . . shall dwell therein until the death of the High Priest, who was anointed with the holy oil," but the Mishnah taught that the death of a High Priest who had been anointed with the holy anointing oil, the death of a High Priest who had been consecrated by the many vestments, or the death of a High Priest who had retired from his office each equally made possible the return of the slayer. Rabbi Judah said that the death of a priest who had been anointed for war also permitted the return of the slayer. Because of these laws, mothers of High Priests would provide food and clothing for the slayers in cities of refuge so that the slayers might not pray for the High Priest's death. If the High Priest died at the conclusion of the slayer's trial, the slayer did not go into banishment. If, however, the High Priests died before the trial was concluded and another High Priest was appointed in his stead and then the trial concluded, the slayer returned home after the new High Priest's death. In Deuteronomy 19:6, the heart becomes hot, and in Deuteronomy 20:3, the heart grows faint. A midrash catalogued the wide range of additional capabilities of the heart reported in the Hebrew Bible. The heart speaks,. sees, hears, walks, falls, stands, rejoices, cries, is comforted, is troubled, becomes hardened, grieves, fears, can be broken, becomes proud, rebels, invents, cavils, overflows, devises, desires, goes astray, lusts, is refreshed, can be stolen, is humbled, is enticed, errs, trembles, is awakened, loves, hates, envies, is searched, is rent, meditates, is like a fire, is like a stone, turns in repentance, dies, melts, takes in words, is susceptible to fear, gives thanks, covets, becomes hard, makes merry, acts deceitfully, speaks from out of itself, loves bribes, writes words, plans, receives commandments, acts with pride, makes arrangements, and aggrandizes itself. The Sifre interpreted the "ways" of God referred to in Deuteronomy 19:9 (as well as Deuteronomy 5:30; 8:6; 10:12; 11:22; 26:17; 28:9; and 30:16) by making reference to Exodus 34:6–7, "The Lord, the Lord, God of mercy and grace, slow to wrath and abundant in mercy and truth, keeping lovingkindness for thousands, forgiving transgression, offense, and sin, and cleansing . . . ." Thus the Sifre read Joel 3:5, "All who will be called by the name of the Lord shall be delivered," to teach that just as Exodus 34:6 calls God “merciful and gracious,” we, too, should be merciful and gracious. And just as Psalm 11:7 says, “The Lord is righteous,” we, too, should be righteous.


Landmarks

Rabbi Ḥiyya bar Abba taught in Rabbi Joḥanan's name that the words of Deuteronomy 19:14, "You shall not remove your neighbor's landmark, which they of old have set," meant that when planting, one should not encroach upon the boundary that they of old set. (Thus, one should not plant so near to one's neighbor's border that one's plants' roots draw sustenance from the neighbor's land, thus impoverishing it.) The Gemara further cited this analysis for the proposition that one may rely on the Rabbis' agricultural determinations. The Sifre asked why Deuteronomy 19:14 says, "You shall not remove your neighbor's landmark," when Leviticus 19:13 already says, "You shall not rob." The Sifre explained that Deuteronomy 19:14 teaches that one who removes a neighbor's boundary mark violates two negative commandments. The Sifre further explained that lest one think that this conclusion applies outside the Land of Israel, Deuteronomy 19:14 says, "in your inheritance that you will inherit in the land," indicating that only in the Land of Israel would one violate two negative commandments. Outside the Land of Israel, one would violate only the one commandment of Leviticus 19:13, "You shall not rob." The Sifre further taught that one violates the command of Deuteronomy 19:14 not to move a neighbor's landmark (1) if one moves an Israelite's landmark, (2) if one substitutes the statement of Eliezer ben Hurcanus for that of Rabbi Joshua or vice versa, or (3) if one sells a burial plot purchased by an ancestor. The Mishnah taught that one who prevents the poor from gleaning, or allows one but not another to glean, or helps one poor person but not another to glean is deemed to be a robber of the poor. Concerning such a person Proverbs 22:28 said, "Remove not the landmark of those who came up."


Rules for witnesses

Chapter 1 of tractate Makkot in the Mishnah, Tosefta, and Babylonian Talmud interpreted the laws of perjury in Deuteronomy 19:15–21. The Mishnah taught how they punished perjurers where they could not punish the perjurers with the punishment that the perjurers sought to inflict. If the perjurers testified that a priest was a son of a divorcee (thus disqualifying the son as a priest) or the son of a woman who had been declined in
Levirate marriage Levirate marriage is a type of marriage in which the brother of a deceased man is obliged to marry his brother's widow. Levirate marriage has been practiced by societies with a strong clan structure in which exogamous marriage (i.e. marriage o ...
(a woman who had received ''ḥalizah'', once again disqualifying the son as a priest), they did not order that each perjurer be stigmatized as born of a divorcee or a woman declined in Levirate marriage. Rather, they gave the perjurer 40 lashes. If the perjurers testified that a person was guilty of a charge punishable by banishment, they did not banish the perjurers. Rather, they gave the perjurer 40 lashes. The Mishnah taught that if perjurers testified that a man divorced his wife and had not paid her
ketubah A ketubah (; ) is a Jewish marriage contract. It is considered an integral part of a Jewish views on marriage, traditional Jewish marriage, and outlines the rights and responsibilities of the groom, in relation to the bride. In modern practice, ...
, seeing that her ketubah would ultimately have to be paid sooner or later, the assessment was made based on the value of the woman's ketubah in the event of her being widowed or divorced or, alternatively, her husband inheriting her after her death. If perjurers testified that a debtor owed a creditor 1,000 zuz due within 30 days, while the debtor says that the debt was due in 10 years, the assessment of the fine is made on the basis of how much one might be willing to offer for the difference between holding the sum of 1,000 zuz to be repaid in 30 days or in 10 years. If witnesses testified that a person owed a creditor 200 zuz, and the witnesses turned out to have perjured themselves, then Rabbi Meir taught that they flogged the perjurers ''and'' ordered the perjurers to pay corresponding damages, because Exodus 20:13 sanctions the flogging and Deuteronomy 19:19 sanctions the compensation. But the Sages said that one who paid damages was not flogged. If witnesses testified that a person was liable to receive 40 lashes, and the witnesses turned out to have perjured themselves, then Rabbi Meir taught that the perjurers received 80 lashes—40 on account of the commandment of Exodus 20:13 not to bear false witness and 40 on account of the instruction of Deuteronomy 19:19 to do to perjurers as they intended to do to their victims. But the Sages said that they received only 40 lashes. The Mishnah taught that a group of convicted perjurers divided monetary penalties among themselves, but penalties of lashes were not divided among offenders. Thus if the perjurers testified that a person owed a friend 200 zuz, and they were found to have committed perjury, the court divided the damages proportionately among the perjurers. But if the perjurers testified that a person was liable to a flogging of 40 lashes, and they were found to have committed perjury, then each perjurer received 40 lashes. The Mishnah taught that they did not condemn witnesses as perjurers until other witnesses directly incriminated the first witnesses. Thus if the first witnesses testified that one person killed another, and other witnesses testified that the victim or the alleged murderer was with the other witnesses on that day in a particular place, then they did not condemn the first witnesses as perjurers. But if the other witnesses testified that the first witnesses were with the other witnesses on that day in a particular place, then they did condemn the first witnesses as perjurers and executed the first witnesses on the other witnesses' evidence. The Mishnah taught that if a second set of witnesses came and charged the first witnesses with perjury, and then a third set of witnesses came and charged them with perjury, even if a hundred witnesses did so, they were all to be executed. Rabbi Judah said that this demonstrated a conspiracy, and they executed only the first set of witnesses. The Mishnah taught that they did not execute perjurers in a capital case until after the conclusion of the trial of the person against whom they testified. The
Sadducees The Sadducees (; ) were a sect of Jews active in Judea during the Second Temple period, from the second century BCE to the destruction of the Second Temple in 70 CE. The Sadducees are described in contemporary literary sources in contrast to ...
taught that they executed perjurers only after the accused had been executed, pursuant to the injunction "eye for eye" in Deuteronomy 19:21. The (
Pharisee The Pharisees (; ) were a Jews, Jewish social movement and school of thought in the Levant during the time of Second Temple Judaism. Following the Siege of Jerusalem (AD 70), destruction of the Second Temple in 70 AD, Pharisaic beliefs became ...
) Sages noted that Deuteronomy 19:19 says, "then shall you do to him as he purposed to do to his brother," implying that his brother was still alive. The Sages thus asked what "life for life" meant. The Sages taught that one might have thought that perjurers were liable to be executed from the moment that they delivered their perjured testimony, so Deuteronomy 19:21 says "life for life" to instruct that perjurers were not to be put to death until after the conclusion of the trial. The Gemara taught that the words "eye for eye" in Deuteronomy 19:21 meant pecuniary compensation.
Simeon bar Yochai Shimon bar Yochai (Zohar#Language, Zoharic Aramaic: , ''Šimʿon bar Yoḥay'') or Shimon ben Yochai (Mishnaic Hebrew: ), also known by the acronym Rashbi, was a 2nd-century tannaim, tanna or sage of the period of Judaea (Roman province), Roman ...
asked those who would take the words literally how they would enforce equal justice where a blind man put out the eye of another man, or an amputee cut off the hand of another, or where a lame person broke the leg of another. The school of Rabbi Ishmael cited the words "so shall it be given to him" in Leviticus 24:20 and deduced that the word "give" could apply only to pecuniary compensation. The school of Rabbi Ḥiyya cited the words "hand for hand" in Deuteronomy 19:21 to mean that an article was given from hand to hand, namely money.
Abaye Abaye () was an amora of the fourth generation of the Talmudic academies in Babylonia. He was born about the close of the third century and died in 337. Biography Abaye, according to Talmudic tradition, was the head of the Pumbedita Academy unt ...
reported that a sage of the school of Hezekiah taught that Exodus 21:23–24 said "eye for eye" and "life for life," but not "life and eye for eye," and it could sometimes happen that eye and life would be taken for an eye, as when the offender died while being blinded. Rav Papa said in the name of Rava that Exodus 21:19 referred explicitly to healing, and the verse would not make sense if one assumed that retaliation was meant. And Rav Ashi taught that the principle of pecuniary compensation could be derived from the analogous use of the term "for" in Exodus 21:24 in the expression "eye for eye" and in Exodus 21:36 in the expression "he shall surely pay ox for ox." As the latter case plainly indicated pecuniary compensation, so must the former. In the Sifre, Rabbi Yossi the Galilean taught that one should not go out to war unless one has hands, feet, eyes, and teeth, for Scripture juxtaposes the words of Deuteronomy 19:21, "Your eyes shall not pity; a soul for a soul, an eye for an eye, a tooth for a tooth, a hand for a hand, a foot for a foot," with those of Deuteronomy 20:1, "when you go out to war against your foes."


Deuteronomy chapter 20


Rules for war

Chapter 8 of tractate Sotah in the Mishnah, Jerusalem Talmud, and Babylonian Talmud and part of chapter 7 of tractate Sotah in the Tosefta interpreted the laws of those excused from war in Deuteronomy 20:1–9. The Mishnah taught that when the High Priest anointed for battle addressed the people, he spoke in Hebrew. The High Priest spoke the words "against your enemies" in Deuteronomy 20:3 to make clear that it was not against their brethren that the Israelites fought, and thus if they fell into the enemies' hands, the enemies would not have mercy on them. The High Priest said "let not your heart faint" in Deuteronomy 20:3 to refer to the neighing of the horses and the brandishing of swords. He said "fear not" in Deuteronomy 20:3 to refer to the crash of shields and the tramp of the soldiers' shoes. He said "nor tremble" in Deuteronomy 20:3 to refer to the sound of trumpets. He said "neither be afraid" in Deuteronomy 20:3 to refer to the sound of battle-cries. He said the words "for the Lord your God goes with you, to fight for you against your enemies, to save you" in Deuteronomy 20:4 to make clear that the enemies would come relying upon the might of flesh and blood, but the Israelites came relying upon the might of God. The High Priest continued, saying that the
Philistines Philistines (; LXX: ; ) were ancient people who lived on the south coast of Canaan during the Iron Age in a confederation of city-states generally referred to as Philistia. There is compelling evidence to suggest that the Philistines origi ...
came relying upon the might of
Goliath Goliath ( ) was a Philistines, Philistine giant in the Book of Samuel. Descriptions of Goliath's giant, immense stature vary among biblical sources, with texts describing him as either or tall. According to the text, Goliath issued a challen ...
, and his fate was to fall by the sword, and the Philistines fell with him. The
Ammonite Ammonoids are extinct, (typically) coiled-shelled cephalopods comprising the subclass Ammonoidea. They are more closely related to living octopuses, squid, and cuttlefish (which comprise the clade Coleoidea) than they are to nautiluses (family N ...
s came relying upon the might of their captain Shobach, but his fate was to fall by the sword, and the Ammonites fell with him. Thus the High Priest said the words of Deuteronomy 20:4 to allude to the camp of the
Ark of the Covenant The Ark of the Covenant, also known as the Ark of the Testimony or the Ark of God, was a religious storage chest and relic held to be the most sacred object by the Israelites. Religious tradition describes it as a wooden storage chest decorat ...
, which would go to battle with the Israelites. The Mishnah interpreted the words "fearful and fainthearted" within the meaning of Deuteronomy 20:8. Rabbi Akiva taught that one should understand "fearful and fainthearted" literally—the conscript was unable to stand in the battle-ranks and see a drawn sword. Rabbi
Jose the Galilean Jose the Galilean (, ''Rabbi Yose HaGelili''), d. 15 Av (month), Av, was a Jewish sage who lived in the 1st and 2nd centuries Common Era, CE. He was one of the Tannaim, the rabbis whose work was compiled in the Mishna. Biography Neither the name ...
, however, taught that the words "fearful and fainthearted" alluded to those who feared because of the transgressions that they had committed. Therefore, the Torah connected the fearful and fainthearted with those who had built a new house, planted a vineyard, or become engaged, so that the fearful and fainthearted might return home on their account. (Otherwise, those who claimed exemption because of sinfulness would have to expose themselves publicly as transgressors.) Rabbi Jose counted among the fearful and fainthearted a High Priest who married a widow, an ordinary priest who married a divorcee or a woman who had been declined in Levirate marriage (a woman who had received ''chalitzah''), and a lay Israelite who married the child of an illicit union (a ''
mamzer In the Hebrew Bible and Jewish religious law, a ''mamzer'' (, , "estranged person"; plural ''mamzerim'') is a person who is born as the result of certain forbidden relationships or incest (as it is defined by the Bible), or the descendant of s ...
'') or a
Gibeonite Gibeon (; ) was a Canaan, Canaanite and later an Israelite city, which was located north of Jerusalem. According to , the pre-Israelite-conquest inhabitants, the Gibeonites, were Hivites; according to , they were Amorites. The remains of Gibeon ...
. Rabbi Jose the Galilean taught that great is peace, since even in a time of war, one should begin with peace, as Deuteronomy 20:10, says, "When you draw near to a city to fight against it, then proclaim peace to it." Similarly, reading Deuteronomy 20:10, a midrash exclaimed how great the power of peace is, for God directed that we should offer peace even to antagonists. Thus the Sages taught that we must inquire about the welfare of other nations in order to keep the peace. Citing Deuteronomy 20:10, Rabbi Joshua of Siknin said in the name of Rabbi Levi that God agreed to whatever Moses decided. For in Deuteronomy 2:24, God commanded Moses to make war on Sihon, but Moses did not do so, but as Deuteronomy 2:26 reports, Moses instead “sent messengers.” God told Moses that even though God had commanded Moses to make war with Sihon and instead Moses began with peace, God would confirm Moses' decision and decree that in every war upon which Israel entered, Israel must begin with an offer of peace, as Deuteronomy 20:10 says, “When you draw near to a city to fight against it, then proclaim peace to it.” Even though one might conclude from Deuteronomy 20:10 an
15–18
that the Israelites were not to offer peace to the Canaanites, Samuel bar Naḥman taught that
Joshua Joshua ( ), also known as Yehoshua ( ''Yəhōšuaʿ'', Tiberian Hebrew, Tiberian: ''Yŏhōšuaʿ,'' Literal translation, lit. 'Yahweh is salvation'), Jehoshua, or Josue, functioned as Moses' assistant in the books of Book of Exodus, Exodus and ...
sent three edicts to the inhabitants of the Land of Israel before the Israelites entered the land: first, that whoever wanted to leave the land should leave; second, that whoever wished to make peace and agree to pay taxes should do so; and third, that whoever wished to make war should do so. The Girgashites vacated their land and thus merited receiving land in
Africa Africa is the world's second-largest and second-most populous continent after Asia. At about 30.3 million km2 (11.7 million square miles) including adjacent islands, it covers 20% of Earth's land area and 6% of its total surfac ...
. The Gibeonites made peace with the Israelites, as reported in Joshua 10:1. When the Israelites carried out the commandment of Deuteronomy 27:8, "You shall write upon the stones all the words of this law," Simeon taught that the Israelites inscribed the Torah on the plaster and wrote below (for the nations) the words of Deuteronomy 20:18, "That they teach you not to do after all their abominations." Simeon taught that if people of the nations then repented, they would be accepted. Rabbah b. Shela taught that Rabbi Simeon's reason for teaching that the Israelites inscribed the Torah on the plaster was because Isaiah 33:12 says, "And the peoples shall be as the burnings of plaster." That is, the people of the other nations would burn on account of the matter on the plaster (and because they failed to follow the teachings written on the plaster). Rabbi Judah, however, taught that the Israelites inscribed the Torah directly on the stones, as Deuteronomy 27:8 says, "You shall write upon the stones all the words of this law," and after that they plastered them over with plaster. Rabbi Simeon asked Rabbi Judah how then the people of that time learned the Torah (as the inscription would have been covered with plaster). Rabbi Judah replied that God endowed the people of that time with exceptional intelligence, and they sent their scribes, who peeled off the plaster and carried away a copy of the inscription. On that account, the verdict was sealed for them to descend into the pit of destruction, because it was their duty to learn Torah, but they failed to do so. Rabbi Judah explained Isaiah 33:12 to mean that their destruction would be like plaster: Just as there is no other remedy for plaster except burning (for burning is the only way to obtain plaster), so there was no remedy for those nations (who cleave to their abominations) other than burning.


Deuteronomy chapter 21

The beginning of chapter 9 of tractate Sotah in the Mishnah, Tosefta, Jerusalem Talmud, and Babylonian Talmud interpreted the laws of the found corpse and the calf whose neck was to be broken (, ''egla arufa'') in Deuteronomy 21:1–9. The Mishnah taught that they buried the heifer whose neck was broken pursuant to Deuteronomy 21:1–9. Rabbi Eliezer ruled that the calf (, ''eglah'') prescribed in Deuteronomy 21:3–6 whose neck would be broken had to be no more than one year old and the Red Cow (, ''parah'') prescribed in Numbers 19:2 had to be two years old. But the Sages ruled that the calf could be even two years old, and the Red Cow could be three or four years old.
Rabbi Meir Rabbi Meir () was a Jewish sage who lived in the time of the Mishnah. He was one of the Tannaim of the fourth generation (139–163), and a disciple of Rabbi Akiva. He is the second most frequently mentioned sage in the Mishnah and is mentioned ...
ruled that the Red Cow could be even five years old, but they did not wait with an older cow, as it might in the meantime grow some black hairs and thus become invalid. The Gemara further distinguished the Red Cow from the calf whose neck would be broken by noting that in the case of the Red Cow, Numbers 19:2 states: "Wherein (, ''bah'') is no blemish". The Gemara reasoned that this teaches that it was only regarding it (, ''bah'') that a blemish disqualified, but a blemish did not disqualify regarding the calf whose neck would be broken. The Gemara also noted that as both Numbers 19:2, regarding the Red Cow, and Deuteronomy 21:3, regarding the calf whose neck would be broken, use the word "yoke". The Gemara deduced from this common terminology that just as with regard to the calf whose neck would be broken, other types of labor would disqualify it, so too with regard to the Red Cow, other types of labor would disqualify it. Joḥanan ben Saul asked why Deuteronomy 21:3–6 required that they should bring a calf (, ''eglah'') into a ravine. Joḥanan ben Saul explained that God provided that something that had not borne fruit would have its neck broken in a place that was not fertile to atone for one who would no longer be able to produce fruit. The Gemara asked then what the word "fruit" meant in the context of the murder victim, for if one interpreted it to mean "children," then according to that argument, the ceremony would not apply if the murder victim had been old or castrated. Therefore, the Gemara concluded, one must understand "fruit" to mean the performance of commandments (that the murdered person would no longer be able to fulfill). Reading Genesis 15:9, "And He said to him: 'Take me a heifer of three years old (, ''meshuleshet''), a she-goat of three years old (, ''meshuleshet''), and a ram of three years old (, ''meshulash''),'" a midrash read , ''meshuleshet'', to mean "three-fold" or "three kinds," indicating sacrifices for three different purposes. The midrash deduced that God thus showed Abraham three kinds of bullocks, three kinds of goats, and three kinds of rams that Abraham's descendants would need to sacrifice. The three kinds of bullocks were: (1) the bullock that Leviticus 16:3–19 would require the Israelites to sacrifice on the Day of Atonement (, ''
Yom Kippur Yom Kippur ( ; , ) is the holiest day of the year in Judaism. It occurs annually on the 10th of Tishrei, corresponding to a date in late September or early October. For traditional Jewish people, it is primarily centered on atonement and ...
''), (2) the bullock that Leviticus 4:13–21 would require the Israelites to bring on account of unwitting transgression of the law, and (3) the heifer whose neck Deuteronomy 21:1–9 would require the Israelites to break. A midrash told that when the Patriarch
Joseph Joseph is a common male name, derived from the Hebrew (). "Joseph" is used, along with " Josef", mostly in English, French and partially German languages. This spelling is also found as a variant in the languages of the modern-day Nordic count ...
was young, he used to study Torah with
Jacob Jacob, later known as Israel, is a Hebrew patriarch of the Abrahamic religions. He first appears in the Torah, where he is described in the Book of Genesis as a son of Isaac and Rebecca. Accordingly, alongside his older fraternal twin brother E ...
. When Joseph's brothers told Jacob in Genesis 45:26 that Joseph was still alive, Jacob did not believe them, but he recalled the subject that Jacob and Joseph had been studying when they last studied together: the passage on the beheaded heifer (, ''egla arufa'') in Deuteronomy 21:1–9. Jacob told the brothers that if Joseph gave them a sign of which subject Joseph and Jacob had last studied together, then Jacob would believe them. Joseph too had remembered what subject they had been studying, so (as Genesis 45:21 reports) he sent Jacob wagons (, ''agalot'') so that Jacob might know that the gift came from him. The midrash thus concluded that wherever Joseph went he studied the Torah, just as his forebears did, even though the Torah had not yet been given. The Gemara employed Deuteronomy 21:4 to deduce that one may not benefit from a corpse. The Gemara deduced this conclusion from the use of the same word "there" (, ''sham'') both in connection with the heifer whose neck was to be broken (, ''ha-eglah ha-arufah'') prescribed in Deuteronomy 21:3–6 and in Numbers 20:1 in connection with a corpse. Numbers 20:1 says, "And Miriam died there (, ''sham'')," and Deuteronomy 21:4 says, "And they shall break the heifer's neck there (, ''sham'') in the valley." Just as one was prohibited to benefit from the heifer, so also one was thus prohibited to benefit from a corpse. The School of
Rabbi Yannai Rabbi Yannai (or Rabbi Jannai; ) was an ''Amoraim, amora'' who lived in the 3rd century, and of the first generation of the ''Amoraim'' of the Land of Israel. Biography Genesis Rabbah says he is descended from Eli (biblical figure), Eli the priest ...
taught that one was prohibited to benefit from the heifer because Deuteronomy 21:8 mentions forgiveness (, ''kaper'') in connection with the heifer, just as atonement (, ''kaper'') is mentioned in connection with sacrifices (for example in Exodus 29:36). (Just as one was prohibited to benefit from sacrifices, so also one was thus prohibited to benefit from the heifer.) The Mishnah taught that when murderers multiplied, the ceremony of breaking a heifer's neck was discontinued. The Rabbis taught in a baraita that when murderers multiplied, the ceremony of breaking a heifer's neck was discontinued, because the ceremony was performed only in a case of uncertainty about who the murderer was; but when murderers multiplied openly, the ceremony of breaking a heifer's neck was discontinued (because the identity of murderers was no longer uncertain).


In medieval Jewish interpretation

The parashah is discussed in these
medieval In the history of Europe, the Middle Ages or medieval period lasted approximately from the 5th to the late 15th centuries, similarly to the post-classical period of World history (field), global history. It began with the fall of the West ...
Jewish sources:


Deuteronomy chapter 16

Maimonides Moses ben Maimon (1138–1204), commonly known as Maimonides (, ) and also referred to by the Hebrew acronym Rambam (), was a Sephardic rabbi and Jewish philosophy, philosopher who became one of the most prolific and influential Torah schola ...
read the words of Deuteronomy 16:18, "Appoint . . . in all your gates that God your Lord is giving you for your tribes," to create an obligation to appoint courts in every region and in every city in the Land of Israel, and in the diaspora, to appoint courts in every region.


Deuteronomy chapter 17

Reading Deuteronomy 17:8–10, "if there arise a matter too hard for you in judgment, between blood and blood, between plea and plea, between affliction and affliction . . . you shall do according to the sentence which they declare to you," Baḥya ibn Paquda noted that the subjects included are things that need to be detailed, distinguished, and discussed by the method of Tradition, and not by that of logical demonstration from reason alone. He contrasted the roots of the religion and duties that can be fulfilled through reason and recognition, with regard to which he deduced a duty to reflect and investigate with one's intellect, understanding, and judgment, until one sifts the truth from the false. Baḥya ibn Paquda cited two things that Deuteronomy 17:17 prohibited to the king—multiplying wives and multiplying silver and gold—as examples of an excess of what would otherwise be permissible things, where one crosses the border from the sufficient to the superfluous, for which one has no need. Thus, Baḥya reasoned that the Torah warns against excess in sexual relations, possessions, and accumulation of money.


Deuteronomy chapter 18

Baḥya ibn Paquda read Deuteronomy 18:13, "You shall be perfect with the Lord your God," to mean that one should aim to make one's exterior and interior selves equal and consistent in the service of God, so that the testimony of the heart, tongue, and limbs are alike and support and confirm each other.


Deuteronomy chapter 19

In the Torah's teaching (in Exodus 21:12–14, Numbers 35:10–29, and Deuteronomy 4:41–42 and 19:1–13) that one who killed another unintentionally did not incur capital punishment, Baḥya ibn Paquda found proof that an essential condition of liability for punishment is the association of mind and body in a forbidden act—that liability requires both intention and action.


Deuteronomy chapter 20

Rashi Shlomo Yitzchaki (; ; ; 13 July 1105) was a French rabbi who authored comprehensive commentaries on the Talmud and Hebrew Bible. He is commonly known by the List of rabbis known by acronyms, Rabbinic acronym Rashi (). Born in Troyes, Rashi stud ...
differed with Maimonides and
Naḥmanides Moses ben Nachman ( ''Mōše ben-Nāḥmān'', "Moses son of Nachman"; 1194–1270), commonly known as Nachmanides (; ''Nakhmanídēs''), and also referred to by the acronym Ramban (; ) and by the contemporary nickname Bonastruc ça Porta (; l ...
about the application of the obligation to offer terms of peace in Deuteronomy 20:10. Rashi wrote that Deuteronomy 20:10 spoke only of optional war, as Deuteronomy 20:15 makes explicit that it applied only "to all the cities that are very far away from you." Maimonides, however, taught that Deuteronomy 20:10 applied to both optional and obligatory wars, and neither was to be waged against anyone until they were offered the opportunity of peace. Maimonides wrote that if the enemy accepted the offer of peace and committed itself to the fulfillment of the seven Noahide commandments, then none of them were to be killed. Rather, they were to be subjugated as Deuteronomy 20:11 states: "They shall be your subjects and serve you." Similarly, Naḥmanides taught that the call for peace applied even to an obligatory war and required the Israelites to offer peace terms even to the seven nations of Canaan. Naḥmanides noted that Moses proclaimed peace to
Sihon Sihon was an Amorite king mentioned in the Hebrew Bible, king of Ashtaroth, who refused to let the Israelites pass through his country. Chronicled in Numbers, he was defeated by Moses and the Israelites at the battle of Jahaz. He and Og were said ...
, king of the Amorites (as reported in Numbers 21:21), and Naḥmanides argued that Moses would not have transgressed both the positive and the negative commandments of Deuteronomy 20:17, "you shall utterly destroy them," and Deuteronomy 20:16, "you shall save alive nothing that breathes." Rather, Naḥmanides taught that the difference between obligatory and optional wars applied when the enemy did not make peace and continued to make war. Then, in the case of "the cities which are very far off" (in the words of Deuteronomy 20:15), Deuteronomy 20:16 commanded the Israelites to "smite every male thereof" and keep alive the women and children, while in "the cities of these peoples" (in the words of Deuteronomy 20:16), that is, the seven nations of Canaan, in the event that they refused the offer of peace, Deuteronomy 20:16 commanded the Israelites to kill even women and children. Naḥmanides also cited the example of Solomon's project reported in 1 Kings 9:15–22, "to build the house of the Lord, and his own house, and Millo, and the wall of Jerusalem, and Hazor, and Megiddo, and Gezer." 1 Kings 9:20–21 make clear that Solomon employed as laborers "All the people who were left of the Amorites, the Hittites, the Perizzites, the Hivites, and the Jebusites, who were not of the children of Israel; even their children that were left after them in the land, whom the children of Israel were not able utterly to destroy." Naḥmanides argued that Solomon did so in accordance with the Law, for these Canaanites accepted the observance of the seven Noahide commandments. Naḥmanides argued that as it is clear that Solomon was able to draft them as laborers, he also had power to have killed them, but it was apparently permissible to let them live, as Naḥmanides had argued.


In modern interpretation

The parashah is discussed in these modern sources:


Deuteronomy chapter 16

Gerhard von Rad Gerhard von Rad (21 October 1901 – 31 October 1971) was a German academic, Old Testament scholar, Lutheran theologian, exegete, and professor at the University of Heidelberg. Early life, education, career Gerhard von Rad was born in Nu ...
argued that the ordinances for standardizing the cult and establishing only one sanctuary are the most distinctive feature in Deuteronomy's new arrangements for ordering Israel's life before God. Von Rad cited Deuteronomy 12; 14:22–29; 15:19–23; 16; 17:8–13; 18:1–8; and 19:1–13 among a small number of “centralizing laws” that he argued belong closely together and were a special, later stratum in Deuteronomy. Von Rad argued that these texts indicate that Israel's cult had become completely lacking in unity, celebrating at former Canaanite shrines intended for Baal. The instructions to centralize the cult sprang from the conviction that for a cult in a different country, its shrines could no longer be reincorporated into the ordinances of a pure faith in God. Jewish educators Sorel Goldberg Loeb and Barbara Binder Kadden wrote that Von Rad saw the Book of Deuteronomy and the discussion of sacrifices in particular as a way of getting the Israelites back on track, as the Israelites had been influenced by other nations whose worship habits did not coincide with the Israelite belief system.
John Bright John Bright (16 November 1811 – 27 March 1889) was a British Radical and Liberal statesman, one of the greatest orators of his generation and a promoter of free trade policies. A Quaker, Bright is most famous for battling the Corn La ...
contrasted
Abraham Abraham (originally Abram) is the common Hebrews, Hebrew Patriarchs (Bible), patriarch of the Abrahamic religions, including Judaism, Christianity, and Islam. In Judaism, he is the founding father who began the Covenant (biblical), covenanta ...
's planting of a sacred tree in Genesis 21:33 with the prohibition of Deuteronomy 16:21. Bright doubted that an author would have portrayed the revered ancestor as performing actions of this kind at a time when his readers would have regarded them as shocking. Bright concluded that the composition of the
Jahwist The Jahwist, or Yahwist, often abbreviated J, is one of the most widely recognized sources of the Pentateuch (Torah), together with the Deuteronomist, the Priestly source and the Elohist. The existence of the Jahwist text is somewhat controver ...
source thus likely predated the
Babylonian captivity The Babylonian captivity or Babylonian exile was the period in Jewish history during which a large number of Judeans from the ancient Kingdom of Judah were forcibly relocated to Babylonia by the Neo-Babylonian Empire. The deportations occurred ...
, as the source so often depicted the Patriarchs as performing actions forbidden in Israelite law by the time of the exile.


Deuteronomy chapter 17

In an echo of the requirements for two witnesses in Deuteronomy 17:6 and 19:15, Article III, Section 3 of the
United States Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally includi ...
provides that the government may convict a person of
treason Treason is the crime of attacking a state (polity), state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to Coup d'état, overthrow its government, spy ...
only with the testimony of two witnesses to the same overt act, or a confession in open court. A then-recent precursor of the Constitution's provision appeared in 1776 in the Laws of Virginia, which provided that defendants be "convicted of open deed by the evidence of two sufficient and lawful witnesses, or their own voluntary confession." At the Constitutional Convention, the requirement for two witnesses first appeared in the first draft of the Constitution presented on August 6, 1787. During debate on August 20, 1787,
John Dickinson John Dickinson (November 13, O.S. November 2">Old_Style_and_New_Style_dates.html" ;"title="/nowiki>Old Style and New Style dates">O.S. November 21732Various sources indicate a birth date of November 8, 12 or 13, but his most recent biographer ...
of
Delaware Delaware ( ) is a U.S. state, state in the Mid-Atlantic (United States), Mid-Atlantic and South Atlantic states, South Atlantic regions of the United States. It borders Maryland to its south and west, Pennsylvania to its north, New Jersey ...
questioned what was meant by the "testimony of two witnesses" and whether they were to be witnesses to the same overt act or to different overt acts. The Convention consequently voted to insert the words "to the same overt act" after "two witnesses."
Benjamin Franklin Benjamin Franklin (April 17, 1790) was an American polymath: a writer, scientist, inventor, statesman, diplomat, printer, publisher and Political philosophy, political philosopher.#britannica, Encyclopædia Britannica, Wood, 2021 Among the m ...
supported the amendment, arguing that prosecutions for treason were virulent and perjury too easily made use of against innocent defendants. In
The Federalist Papers ''The Federalist Papers'' is a collection of 85 articles and essays written by Alexander Hamilton, James Madison, and John Jay under the collective pseudonym "Publius" to promote the ratification of the Constitution of the United States. The ...
,
Alexander Hamilton Alexander Hamilton (January 11, 1755 or 1757July 12, 1804) was an American military officer, statesman, and Founding Fathers of the United States, Founding Father who served as the first U.S. secretary of the treasury from 1789 to 1795 dur ...
cited the requirement for two witnesses to establish treason as one of several provisions in the Constitution that enumerate rights that, taken together, amounted to a
bill of rights A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and pri ...
. Noting numerous connotations of the word “Torah” () in the Pentateuch, Ephraim Speiser wrote that the word is based on a verbal stem signifying “to teach, guide,” and the like, and thus in Deuteronomy 17:18, refers to general instructions and provisions, and in context cannot be mistaken for the title of the Pentateuch as a whole.


Deuteronomy chapter 18

Deuteronomy 18:15–22 set forth tests to determine whether a prophet is true. Robert Oden cited Jeremiah 23:16 as a parade example for the proposition that the test of prophets' legitimacy was whether the prophets asserted that they "stood in the council of the Lord". Oden cited 1 Kings 18–19 to document what prophets did. Oden taught that prophets (1) were messengers of God, (2) interpreted events close at hand, (3) declared holy war, (4) made kings, (5) criticized kings, (6) upheld old traditions, and (7) prosecuted covenant violations. Nili Fox suggested that the story of Eldad and Medad in Numbers 11:26–29 may reflect an ancient debate concerning whether there could be only one legitimate prophet at a time, as perhaps assumed by Deuteronomy 18:15–18, or if there could be many prophets in a single era.


Deuteronomy chapter 19

Explaining the origins of the law that one can see in the Cities of Refuge Numbers 35:9–34 and Deuteronomy 4:41–43 and 19:1–13, Justice
Oliver Wendell Holmes Jr. Oliver Wendell Holmes Jr. (March 8, 1841 – March 6, 1935) was an American jurist who served as an associate justice of the Supreme Court of the United States, associate justice of the Supreme Court of the United States, U.S. Supreme Cou ...
wrote that early forms of legal procedure were grounded in vengeance. Roman law and German law started from the blood feud, which led to the composition, at first optional, then compulsory, by which the feud was bought off. Holmes reported that in
Anglo-Saxon The Anglo-Saxons, in some contexts simply called Saxons or the English, were a Cultural identity, cultural group who spoke Old English and inhabited much of what is now England and south-eastern Scotland in the Early Middle Ages. They traced t ...
practice, the feud was pretty well broken up by the time of
William the Conqueror William the Conqueror (Bates ''William the Conqueror'' p. 33– 9 September 1087), sometimes called William the Bastard, was the first Norman king of England (as William I), reigning from 1066 until his death. A descendant of Rollo, he was D ...
. The killings and house-burnings of an earlier day became the appeals of mayhem and arson, and then the legal actions now familiar to lawyers.
Gunther Plaut Wolf Gunther Plaut, (November 1, 1912 – February 8, 2012) was an American Reform rabbi and writer who was based in Canada. Plaut was the rabbi of Holy Blossom Temple in Toronto for several decades and since 1978 was its senior scholar. ...
argued that the discussions of cities of refuge in Numbers 35:9–34 and Deuteronomy 4:41–43 and 19:1–13 were composed during a later, settled period, in order to accommodate the disappearance of local altars that previously served as places of refuge.
James Kugel James L. Kugel (Hebrew: Yaakov Kaduri, יעקב כדורי; born August 22, 1945) is professor emeritus in the Bible department at Bar Ilan University in Israel and the Harry M. Starr Professor Emeritus of Classical and Modern Hebrew Literature at ...
noted that Deuteronomy shares certain favorite themes with
Wisdom literature Wisdom literature is a genre of literature common in the ancient Near East. It consists of statements by sages and the wise that offer teachings about divinity and virtue. Although this genre uses techniques of traditional oral storytelling, i ...
, as, for example, when Deuteronomy 19:14 and 27:17 prohibit moving boundary marks, a very specific offense also mentioned in Proverbs, 22:28 and 23:10, as well as in ancient Egyptian wisdom texts (as well as
Hosea In the Hebrew Bible, Hosea ( or ; ), also known as Osee (), son of Beeri, was an 8th-century BC prophet in Israel and the nominal primary author of the Book of Hosea. He is the first of the Twelve Minor Prophets, whose collective writing ...
5:10). Kugel concluded that the
Deuteronomist The Deuteronomist, abbreviated as either Dtr or simply D, may refer either to the source document underlying the core chapters (12–26) of the Book of Deuteronomy, or to the broader "school" that produced all of Deuteronomy as well as the Deutero ...
was closely connected to the world of wisdom literature.


Deuteronomy chapter 20

The word used for the dedication of a new house in Deuteronomy 20:5 is the same as the word used for the dedication of the Temple in 1 Kings 8:63, but the Cambridge Bible for Schools and Colleges notes that "nowhere else in the Old Testament is there any mention of the dedication of a private house". Noting the similarity between the instructions in Deuteronomy 20:13–14 for killing the men but taking the women and livestock captive, on the one hand, and the actions of
Simeon Simeon () is a given name, from the Hebrew (Biblical Hebrew, Biblical ''Šimʿon'', Tiberian vocalization, Tiberian ''Šimʿôn''), usually transliterated in English as Shimon. In Greek, it is written Συμεών, hence the Latinized spelling Sy ...
and
Levi Levi ( ; ) was, according to the Book of Genesis, the third of the six sons of Jacob and Leah (Jacob's third son), and the founder of the Israelites, Israelite Tribe of Levi (the Levites, including the Kohanim) and the great-grandfather of Aaron ...
in Genesis 34:25–29, on the other hand, Kugel observed that it is almost as if Simeon and Levi were obeying the Deteronomic law before it was given. Kugel reported that some modern interpreters deduced that the editor responsible for inserting the
Dinah In the Book of Genesis, Dinah (; ) was the seventh child and only named daughter of Leah and Jacob. The episode of her rape by Shechem, son of a Canaanite or Hivite prince, and the subsequent revenge of her brothers Simeon and Levi, commonly ...
story in Genesis was particularly connected with Deuteronomy or at least familiar with its laws. These interpreters concluded that the Dinah story was a late addition, inserted to account for Jacob's otherwise referentless allusion to the violent tempers of Simeon and Levi in Genesis 49:5–7 by importing and only slightly modified an originally unrelated tale, probably situated during the time of the
Judges A judge is an official who presides over a court. Judge or Judges may also refer to: Roles *Judge, an alternative name for an adjudicator in a competition in theatre, music, sport, etc. *Judge, an alternative name/aviator call sign for a membe ...
.


In critical analysis

Some scholars who follow the
Documentary Hypothesis The documentary hypothesis (DH) is one of the models used by biblical scholars to explain the origins and composition of the Torah (or Pentateuch, the first five books of the Bible: Book of Genesis, Genesis, Book of Exodus, Exodus, Leviticus, Bo ...
consider all of the parashah to have been part of the original
Deuteronomic Code The Deuteronomic Code is the name given by academics to the law code set out in chapters 12 to 26 of the Book of Deuteronomy in the Hebrew Bible. The code outlines a special relationship between the Israelites and Yahweh and provides instructions ...
(sometimes abbreviated Dtn) that the first Deuteronomistic historian (sometimes abbreviated Dtr 1) included in the edition of Deuteronomy that existed during
Josiah Josiah () or Yoshiyahu was the 16th king of Judah (–609 BCE). According to the Hebrew Bible, he instituted major religious reforms by removing official worship of gods other than Yahweh. Until the 1990s, the biblical description of Josiah’s ...
's time. One exponent of the Documentary Hypothesis,
Richard Elliott Friedman Richard Elliott Friedman (born May 5, 1946) is an American biblical scholar, theologian, and translator who currently serves as the Ann and Jay Davis Professor of Jewish Studies at the University of Georgia. Life and career Friedman was born in ...
, argues that the laws of war in Deuteronomy 20 and 21 appear to be directed to the entire Israelite people, rather than a professional army, and thus appear to derive from a period before the monarchy and thus may come from sources much earlier than the balance of the Deuteronomic Code. In these laws of war, the Masoretic Text of Deuteronomy 20:8 (as well as the
Septuagint The Septuagint ( ), sometimes referred to as the Greek Old Testament or The Translation of the Seventy (), and abbreviated as LXX, is the earliest extant Greek translation of the Hebrew Bible from the original Biblical Hebrew. The full Greek ...
and
Samaritan Pentateuch The Samaritan Pentateuch, also called the Samaritan Torah (Samaritan Hebrew: , ), is the Religious text, sacred scripture of the Samaritans. Written in the Samaritan script, it dates back to one of the ancient versions of the Torah that existe ...
there) refers to "officers" (, ''shotrim''), but one of the
Dead Sea Scrolls The Dead Sea Scrolls, also called the Qumran Caves Scrolls, are a set of List of Hebrew Bible manuscripts, ancient Jewish manuscripts from the Second Temple period (516 BCE – 70 CE). They were discovered over a period of ten years, between ...
(4QDeutk2) refers to these leaders as "judges" (, ''shofetim'').


Commandments

According to
Sefer ha-Chinuch ''Sefer ha-Chinuch'' (, "Book of Education") is a rabbinic text which systematically discusses the 613 commandments of the Torah. It was written in 13th-century Spain by an anonymous "Levite of Barcelona". Content The work's enumeration of th ...
, there are 14 positive and 27 negative
commandments Commandment may refer to: * The Ten Commandments The Ten Commandments (), or the Decalogue (from Latin , from Ancient Greek , ), are religious and ethical directives, structured as a covenant document, that, according to the Hebrew Bible, ...
in the parashah. *To appoint judges *Not to plant a tree in the sanctuary *Not to erect a column in a public place of worship *Not to offer a temporarily blemished animal *To act according to the ruling of the Sanhedrin. *Not to deviate from the word of the Sanhedrin *To appoint a king from
Israel Israel, officially the State of Israel, is a country in West Asia. It Borders of Israel, shares borders with Lebanon to the north, Syria to the north-east, Jordan to the east, Egypt to the south-west, and the Mediterranean Sea to the west. Isr ...
. *Not to appoint a foreigner *The king must not have too many horses.. *Not to dwell permanently in
Egypt Egypt ( , ), officially the Arab Republic of Egypt, is a country spanning the Northeast Africa, northeast corner of Africa and Western Asia, southwest corner of Asia via the Sinai Peninsula. It is bordered by the Mediterranean Sea to northe ...
*The king must not have too many wives.. *The king must not have too much silver and gold. *The king must have a separate Torah for himself. *The Tribe of Levi must not be given a portion of the land in Israel; rather they are given cities in which to dwell.. *The Levites must not take a share in the spoils of
war War is an armed conflict between the armed forces of states, or between governmental forces and armed groups that are organized under a certain command structure and have the capacity to sustain military operations, or between such organi ...
. *To give the shoulder, two cheeks, and stomach of slaughtered animals to a Kohen *To set aside the
tithe A tithe (; from Old English: ''teogoþa'' "tenth") is a one-tenth part of something, paid as a contribution to a religious organization or compulsory tax to government. Modern tithes are normally voluntary and paid in money, cash, cheques or v ...
for the Kohen (''Terumah Gedolah''). *To give the first shearing of sheep to a Kohen *The priests' work shifts must be equal during
holidays A holiday is a day or other period of time set aside for festivals or recreation. ''Public holidays'' are set by public authorities and vary by state or region. Religious holidays are set by religious organisations for their members and are often ...
. *Not to go into a
trance Trance is a state of semi-consciousness in which a person is not self-aware and is either altogether unresponsive to external stimuli (but nevertheless capable of pursuing and realizing an aim) or is selectively responsive in following the dir ...
to foresee events. *Not to perform acts of magic *Not to mutter incantations. *Not to consult a medium (''ov'') *Not to consult a wizard (''yidoni'') *Not to attempt to contact the dead *To listen to the prophet speaking in God's Name *Not to prophesize falsely in the name of God *Not to prophesize in the name of an idol *Not to be afraid of putting the false prophet to death *To designate cities of refuge and prepare routes of access *A judge must not pity the
murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisd ...
er or
assault In the terminology of law, an assault is the act of causing physical harm or consent, unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may ...
er at the
trial In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, w ...
. *Not to move a boundary marker to steal someone's property *Not to accept testimony from a lone witness *To punish the false witnesses as they tried to punish the defendant *Not to panic and retreat during battle *To appoint a priest to speak with the
soldier A soldier is a person who is a member of an army. A soldier can be a Conscription, conscripted or volunteer Enlisted rank, enlisted person, a non-commissioned officer, a warrant officer, or an Officer (armed forces), officer. Etymology The wo ...
s during the war *To offer peace terms to the inhabitants of a city while holding siege, and treat them according to the Torah if they accept the terms *Not to let any of the people of the seven Canaanite nations remain alive *Not to destroy fruit trees even during the siege *To break the neck of a calf by the river valley following an unsolved murder. *Not to work nor plant that river valley


Haftarah

The
haftarah The ''haftara'' or (in Ashkenazi Jews, Ashkenazic pronunciation) ''haftorah'' (alt. ''haftarah, haphtara'', ) "parting," "taking leave" (plural form: ''haftarot'' or ''haftoros''), is a series of selections from the books of ''Nevi'im'' ("Pr ...
for the parashah is Isaiah 51:12–52:12. The haftarah is the fourth in the cycle of seven haftarot of consolation after
Tisha B'Av Tisha B'Av ( ; , ) is an annual fast day in Judaism. A commemoration of a number of disasters in Jewish history, primarily the destruction of both Solomon's Temple by the Neo-Babylonian Empire and the Second Temple by the Roman Empire in Jerusal ...
, leading up to
Rosh Hashanah Rosh Hashanah (, , ) is the New Year in Judaism. The Hebrew Bible, biblical name for this holiday is Yom Teruah (, , ). It is the first of the High Holy Days (, , 'Days of Awe"), as specified by Leviticus 23:23–25, that occur in the late summe ...
.


Notes


Further reading

The parashah has parallels or is discussed in these sources:


Ancient

*
Code of Hammurabi The Code of Hammurabi is a Babylonian legal text composed during 1755–1750 BC. It is the longest, best-organized, and best-preserved legal text from the ancient Near East. It is written in the Old Babylonian dialect of Akkadian language, Akkadi ...
23–24. Babylonia, Circa 1780 BCE. In e.g. James B. Pritchard. ''Ancient Near Eastern Texts Relating to the Old Testament'', pages 163, 167. Princeton, New Jersey: Princeton University Press, 1969. (unsolved killing). *Hittite laws, 6. Hittite Empire, circa 1600–1100 BCE. In e.g. James B. Pritchard. ''Ancient Near Eastern Texts Relating to the Old Testament'', pages 188, 189. Princeton, New Jersey: Princeton University Press, 1969. (unsolved killing).


Biblical

*Genesis 26:2 (not to go to Egypt); 28:18 (baetyl). *Exodus 24:4 (baetyls). *Leviticus 18:21 (Molech); 20:1–5 (Molech). *Deuteronomy 4:19 (worshipping sun, moon, stars). *Joshua 24:26 (baetyl). *1 Samuel 8:4–22 (kings). *1 Kings 11:3 (Solomon's wives); 11:4–8, 33 (Molech); 22:6–38 (true and false prophets). *2 Kings 16:3 (son pass through fire); 17:17 (children pass through fire); 21:6 (son pass through fire); 23:10–14 (Molech). *Isaiah 28:7–13 (false prophets); 57:9 (Molech or king). *Jeremiah 7:31 (child sacrifice); 8:1–2 (worshipping sun, moon, stars); 22:1–5 (duties of kings); 23:9–40 (assessing prophets); 28:7–9 (judging prophets by results); 32:35 (Molech); 37:19 (judging prophets by results); 42:13–22 (not to go to Egypt); 49:1–3 (Molech or Malcam). *Ezekiel 8:16–18 (sun worship); 12:21–14:11 (true and false prophets); 16:20–21 (sacrificing children); 17:15 (king seeking horses in Egypt); 23:37 (sacrifice of sons). *Hosea 3:4 (baetyl). *Amos 5:25–27 (Molech or king). *Micah 3:5–7 (false prophets). *Zephaniah 1:4–6 (Molech). *Psalms 9:13 (God avenges blood); 19:13 (clearing us from hidden faults); 20:8 (some trust in horses); 23:4 (God is with me); 27:12 (false witnesses risen up); 30:1 (dedication of house); 106:34–41 (the commandment to destroy the Canaanites); 119:97 (meditation on the law all the day); 122:1–5 (judgment from Jerusalem). *Job 31:26–28 (worshipping sun, moon). *2 Chronicles 19:4–11 (judges and Levites); 33:6 (children pass through fire).


Early nonrabbinic

*
Josephus Flavius Josephus (; , ; ), born Yosef ben Mattityahu (), was a Roman–Jewish historian and military leader. Best known for writing '' The Jewish War'', he was born in Jerusalem—then part of the Roman province of Judea—to a father of pr ...
, ''Antiquities of the Jews'
4:8:14–17, 33, 41
Circa 93–94. In, e.g., ''The Works of Josephus: Complete and Unabridged, New Updated Edition''. Translated by William Whiston, pages 117–18, 122–23. Peabody, Massachusetts: Hendrickson Publishers, 1987. *Gospel of Matthew, Matthew 7:15–23 (false prophets); 18:15–20 (evidence of two or three witnesses). Circa 70–100 CE. *Acts of the Apostles, Acts 7:42–43 (Molech).


Classical rabbinic

*
Mishnah The Mishnah or the Mishna (; , from the verb ''šānā'', "to study and review", also "secondary") is the first written collection of the Jewish oral traditions that are known as the Oral Torah. Having been collected in the 3rd century CE, it is ...
: s:Translation:Mishnah/Seder Zeraim/Tractate Peah/Chapter 8, Peah 8:9
Demai 4:10Sheviit 10:8Terumot 1:1–11:10Challah 4:9Bikkurim 1:1–3:12Beitzah 1:6Yevamot 15:3Sotah 6:37:288:1–9:9Bava Batra 3:41:1–11:62:1–8Chullin 10:111:1–2Parah 1:1
Land of Israel, circa 200 CE. In, e.g., ''The Mishnah: A New Translation''. Translated by Jacob Neusner, pages 35, 79, 92, 157, 172, 292, 373, 457, 459–64, 564, 583–84, 586–87, 594, 598, 607–12, 614, 616, 784–86. New Haven, Connecticut: Yale University Press, 1988. *
Tosefta The Tosefta ( "supplement, addition") is a compilation of Jewish Oral Law from the late second century, the period of the Mishnah and the Jewish sages known as the '' Tannaim''. Background Jewish teachings of the Tannaitic period were cha ...

Tosefta Terumot 1:1–10:18Bikkurim 1:1–2:16Sanhedrin 1:1–14:17
Makkot 1:1–11; 2:1–3:10. Land of Israel, circa 250 CE. In, e.g., ''The Tosefta: Translated from the Hebrew, with a New Introduction''. Translated by Jacob Neusner, volume 1, pages 85, 131–202, 339, 438, 527, 544, 610, 629, 864–67, 870, 872–73; volume 2, pages 957, 992–94, 1143–97, 1199–208, 1214, 1220, 1230, 1232, 1237, 1293, 1297, 1402–03, 1409–10. Peabody, Massachusetts: Hendrickson Publishers, 2002. *
Sifre Sifre (; ''siphrēy'', ''Sifre, Sifrei'', also, ''Sifre debe Rab'' or ''Sifre Rabbah'') refers to either of two works of '' Midrash halakha'', or classical Jewish legal biblical exegesis, based on the biblical books of Numbers and Deuteronomy. ...
to Deuteronom
144:1–210:3
Land of Israel, circa 250–350 CE. In, e.g., ''Sifre to Deuteronomy: An Analytical Translation''. Translated by Jacob Neusner, volume 2, pages 3–108. Atlanta: Scholars Press, 1987. *
Jerusalem Talmud The Jerusalem Talmud (, often for short) or Palestinian Talmud, also known as the Talmud of the Land of Israel, is a collection of rabbinic notes on the second-century Jewish oral tradition known as the Mishnah. Naming this version of the Talm ...
: Berakhot 12a, 94b; Peah 54a, 73a; Sheviit 45b, 85a; Terumot 1a–107a; Maasrot 2a; Maaser Sheni 57b; Challah 46b
Bikkurim 1a–26b
Shabbat 16a, 55b; Shekalim 40b, 43b; Yoma 13b, 41b; Sukkah 28b; Rosh Hashanah 19a; Taanit 20b; Megillah 6a, 12b, 15a–b; Moed Katan 10b; Chagigah 5a; Yevamot 4b, 63b, 65a, 83a, 88a; Ketubot 19a; Nedarim 31a, 37a; Nazir 16a; Sotah 1a, 20a, 26b, 30a, 36b–48a; Gittin 20a; Bava Kamma 30b
Sanhedrin 1a–75a
Makkot 1b, 4a–10a; Shevuot 23b–24a; Avodah Zarah 1a, 14b, 26b, 33b; Horayot 1b, 5a, 13a–b, 15a. Tiberias, Land of Israel, circa 400 CE. In, e.g., ''Talmud Yerushalmi''. Edited by Chaim Malinowitz, Yisroel Simcha Schorr, and Mordechai Marcus, volumes 1–3, 6b–11, 13–14, 20–22, 24–25, 27–31, 33–34, 37–38, 41, 44–49. Brooklyn: Mesorah Publications, 2005–2020. *Genesis Rabbah]
1:413:1415:417:426:634:843:244:1447:1053:155:365:1
11; 75:13; 80:1; 94:3, 9; 95:3. Land of Israel, 5th century. In, e.g., ''Midrash Rabbah: Genesis''. Translated by Harry Freedman (rabbi), Harry Freedman and Maurice Simon, volume 1, pages 6–7, 108, 121, 135, 214–15, 271–72, 352–53, 369–70, 404–05, 461, 483; volume 2, pages 581, 586–87, 699, 735, 870, 877, 882. London: Soncino Press, 1939. *Babylonian
Talmud The Talmud (; ) is the central text of Rabbinic Judaism and the primary source of Jewish religious law (''halakha'') and Jewish theology. Until the advent of Haskalah#Effects, modernity, in nearly all Jewish communities, the Talmud was the cen ...

Berakhot 18b19b22aShabbat 19a23a25b33a56b67b75a–b84b–85a94b127b129a140bEruvin 31b35b37b41bPesachim 12a26a33a35b53a55b112b113bYoma 22b–23a25a37a60a74a83aSukkah 3a–b46a51b55b–56aBeitzah 3b10b12b19bRosh Hashanah 4b–5a6b21b24b25bTaanit 7a31aMegillah 5a20b–21a28a32aMoed Katan 5a8a20a24bChagigah 2a8b16b–17aYevamot 31b45b63b90b94a99b100b101b–02a104aKetubot 15a16b17a19b25a28b32b–33b37b45b87b103b105a–bNedarim 31a38a87b–88aNazir 47bSotah 2a3b7b–8a17b23b31b–32a35b38a–b41b–47bGittin 2b59b71a90aKiddushin 13b18a29b32a–b37b56b–57a67b69a76bBava Kamma 4b–5a24a32a–33a44b66a70a–b72b73b74b75b82b84a86a–b88a89a90b91b105b109b110b114a115aBava Metzia 30aBava Batra 3b23b31b56b91b 91b100b123b127a150a155b160b165bSanhedrin 2a–113bMakkot 2a–13a22a24aShevuot 27b30a31a32a34a40aAvodah Zarah 8b18a23a29b43b52a74aHorayot 2a4a6a11a–12aZevachim 23b36a46a54b70b73a88bMenachot 6a18b34a36a38a67a74a90b93a101bChullin 7b11a–b23b–24a37b75b79b81b–82a117a–b120b130a–33a134b–38aBekhorot 11b12b14b17b35b45bArakhin 11a30bKeritot 3b–4a5b–6a23b–24a25a26aMeilah 11bTamid 28bNiddah 8b19a50a51a–b57a
(Sasanian Empire, 6th century). In, e.g., ''Talmud Bavli''. Edited by Yisroel Simcha Schorr, Chaim Malinowitz, and Mordechai Marcus, 72 volumes. Brooklyn: Mesorah Publications, 2006.


Medieval

*Deuteronomy Rabbah]
5:1–15
Land of Israel, 9th century. In, e.g., ''Midrash Rabbah: Leviticus''. Translated by Harry Freedman and Maurice Simon. London: Soncino Press, 1939. *
Rashi Shlomo Yitzchaki (; ; ; 13 July 1105) was a French rabbi who authored comprehensive commentaries on the Talmud and Hebrew Bible. He is commonly known by the List of rabbis known by acronyms, Rabbinic acronym Rashi (). Born in Troyes, Rashi stud ...
. ''Commentary''
Deuteronomy 16–21
Troyes, France, late 11th century. In, e.g., Rashi. ''The Torah: With Rashi's Commentary Translated, Annotated, and Elucidated''. Translated and annotated by Yisrael Isser Zvi Herczeg, volume 5, pages 181–220. Brooklyn: Mesorah Publications, 1997. *Rashbam. ''Commentary on the Torah''. Troyes, early 12th century. In, e.g., ''Rashbam's Commentary on Deuteronomy: An Annotated Translation''. Edited and translated by Martin I. Lockshin, pages 107–28. Providence, Rhode Island: Brown Judaic Studies, 2004. *Yehuda Halevi, Judah Halevi. ''Kuzari''. s:Kitab al Khazari/Part Three, 3:31, 39, 41. Toledo, Spain, Toledo, Spain, 1130–1140. In, e.g., Jehuda Halevi. ''Kuzari: An Argument for the Faith of Israel.'' Introduction by Henry Slonimsky, pages 165, 170–71, 173. New York: Schocken, 1964. *Abraham ibn Ezra. ''Commentary on the Torah''. Mid-12th century. In, e.g., ''Ibn Ezra's Commentary on the Pentateuch: Deuteronomy (Devarim)''. Translated and annotated by H. Norman Strickman and Arthur M. Silver, volume 5, pages 116–43. New York: Menorah Publishing Company, 2001. *
Maimonides Moses ben Maimon (1138–1204), commonly known as Maimonides (, ) and also referred to by the Hebrew acronym Rambam (), was a Sephardic rabbi and Jewish philosophy, philosopher who became one of the most prolific and influential Torah schola ...
. ''Mishneh Torah''
''Hilchot Melakhim (The Laws of Kings)''
Egypt. Circa 1170–1180. In, e.g., ''Mishneh Torah: Sefer Shoftim: Hilchot Sanhedrin, Edut, Mamrim, Evel, Melachim''. Translated by Eliyahu Touger. New York: Moznaim, Publishing, 1990. *Maimonides. ''The Guide for the Perplexed'', part 1, chapters s:The Guide for the Perplexed (Friedlander)/Part I#CHAPTER XXXVI, 36, s:The Guide for the Perplexed (Friedlander)/Part I#CHAPTER LIV, 54; part 2, chapter s:Page:Guideforperplexed.djvu/291, 34; part 3, chapters s:Page:Guideforperplexed.djvu/334, 8, s:Page:Guideforperplexed.djvu/400, 35, s:Page:Guideforperplexed.djvu/403, 37, s:Page:Guideforperplexed.djvu/409, 39–s:Page:Guideforperplexed.djvu/415, 41, s:Page:Guideforperplexed.djvu/427, 45, s:Page:Guideforperplexed.djvu/445, 49–s:Page:Guideforperplexed.djvu/452, 50. Cairo, Egypt, 1190. In, e.g., Moses Maimonides. ''The Guide for the Perplexed''. Translated by Michael Friedländer, pages 51–52, 77, 223, 264, 294, 330, 333, 339, 343, 345, 357, 375, 382–83. New York: Dover Publications, 1956. *Hezekiah ben Manoah. ''Hizkuni''. France, circa 1240. In, e.g., Chizkiyahu ben Manoach. ''Chizkuni: Torah Commentary''. Translated and annotated by Eliyahu Munk, volume 4, pages 1125–46. Jerusalem: Ktav Publishers, 2013. *
Naḥmanides Moses ben Nachman ( ''Mōše ben-Nāḥmān'', "Moses son of Nachman"; 1194–1270), commonly known as Nachmanides (; ''Nakhmanídēs''), and also referred to by the acronym Ramban (; ) and by the contemporary nickname Bonastruc ça Porta (; l ...
. ''Commentary on the Torah''. Jerusalem, circa 1270. In, e.g., ''Ramban (Nachmanides): Commentary on the Torah: Deuteronomy.'' Translated by Charles B. Chavel, volume 5, pages 192–246. New York: Shilo Publishing House, 1976. *Bahya ben Asher. ''Commentary on the Torah''. Spain, early 14th century. In, e.g., ''Midrash Rabbeinu Bachya: Torah Commentary by Rabbi Bachya ben Asher''. Translated and annotated by Eliyahu Munk, volume 7, pages 2551–610. Jerusalem: Lambda Publishers, 2003. *Isaac ben Moses Arama. ''Akedat Yizhak (The Binding of Isaac)''. Late 15th century. In, e.g., Yitzchak Arama. ''Akeydat Yitzchak: Commentary of Rabbi Yitzchak Arama on the Torah''. Translated and condensed by Eliyahu Munk, volume 2, pages 849–64. New York, Lambda Publishers, 2001.


Modern

*Isaac Abravanel. ''Commentary on the Torah''. Italy, between 1492 and 1509. In, e.g., ''Abarbanel: Selected Commentaries on the Torah: Volume 5: Devarim/Deuteronomy''. Translated and annotated by Israel Lazar, pages 80–106. Brooklyn: CreateSpace, 2015. And excerpted in, e.g., ''Abarbanel on the Torah: Selected Themes''. Translated by Avner Tomaschoff, pages 421–40. Jerusalem: Jewish Agency for Israel, 2007. *Obadiah ben Jacob Sforno. ''Commentary on the Torah''. Venice, 1567. In, e.g., ''Sforno: Commentary on the Torah''. Translation and explanatory notes by Raphael Pelcovitz, pages 916–33. Brooklyn: Mesorah Publications, 1997. *Moshe Alshich. ''Commentary on the Torah''. Safed, circa 1593. In, e.g., Moshe Alshich. ''Midrash of Rabbi Moshe Alshich on the Torah''. Translated and annotated by Eliyahu Munk, volume 3, pages 1043–62. New York, Lambda Publishers, 2000. *Avraham Yehoshua Heschel. ''Commentaries on the Torah''. Kraków, Cracow, Poland, mid 17th century. Compiled as ''Chanukat HaTorah''. Edited by Chanoch Henoch Erzohn. Piotrków Trybunalski, Piotrkow, Poland, 1900. In Avraham Yehoshua Heschel. ''Chanukas HaTorah: Mystical Insights of Rav Avraham Yehoshua Heschel on Chumash''. Translated by Avraham Peretz Friedman, pages 306–07. Southfield, Michigan: Targum Press/Feldheim Publishers, 2004. *Thomas Hobbes. ''Leviathan (Hobbes book), Leviathan'', s:Leviathan/The Third Part#Chapter XXXVII: Of Miracles and Their Use, 3:37, s:Leviathan/The Third Part#Chapter XL: Of the Rights of the Kingdom of God, in Abraham, Moses, the High Priests, and the Kings of Judah, 40, s:Leviathan/The Third Part#Chapter XLI: Of the Office of Our Blessed Saviour, 41, s:Leviathan/The Third Part#Chapter XLII: Of Power Ecclesiastical, 42; s:Leviathan/The Fourth Part#A REVIEW AND CONCLUSION, Review & Conclusion. England, 1651. Reprint edited by C. B. Macpherson, pages 476–77, 506, 518, 543, 548, 586–87, 724. Harmondsworth, England: Penguin Classics, 1982. *Chaim ibn Attar. ''Ohr ha-Chaim''. Venice, 1742. In Chayim ben Attar. ''Or Hachayim: Commentary on the Torah''. Translated by Eliyahu Munk, volume 5, pages 1882–904. Brooklyn: Lambda Publishers, 1999. *Moses Mendelssohn. ''Sefer Netivot Hashalom (The “Bi’ur,” The Explanation)''. Berlin, 1780–1783. In ''Moses Mendelssohn: Writings on Judaism, Christianity, and the Bible''. Edited Michah Gottlieb, pages 228–29. Waltham, Massachusetts: University Press of New England, Brandeis University Press, 2011. *Moses Mendelssohn. ''Jerusalem (Mendelssohn), Jerusalem'', § 2. Berlin, 1783. In ''Jerusalem: Or on Religious Power and Judaism''. Translated by Allan Arkush; introduction and commentary by Alexander Altmann, page 129. Hanover, N.H.: Brandeis Univ. Press, 1983. *
United States Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally includi ...
, Article Two of the United States Constitution, Article 2, s:Constitution of the United States of America#Section 1 2, Section 1, Clause 5. Philadelphia, 1787. (prohibition on foreign rulers). *Samuel David Luzzatto (Shadal). ''Commentary on the Torah.'' Padua, 1871. In, e.g., Samuel David Luzzatto. ''Torah Commentary''. Translated and annotated by Eliyahu Munk, volume 4, pages 1199–221. New York: Lambda Publishers, 2012. *Yehudah Aryeh Leib Alter. ''Sefat Emet''. Góra Kalwaria (Ger), Poland, before 1906. Excerpted in ''The Language of Truth: The Torah Commentary of Sefat Emet''. Translated and interpreted by Arthur Green, pages 309–14. Philadelphia: Jewish Publication Society, 1998. Reprinted 2012. *Hermann Cohen. ''Religion of Reason: Out of the Sources of Judaism''. Translated with an introduction by Simon Kaplan; introductory essays by Leo Strauss, pages 417, 429. New York: Ungar, 1972. Reprinted Atlanta: Scholars Press, 1995. Originally published as ''Religion der Vernunft aus den Quellen des Judentums''. Leipzig: Gustav Fock, 1919. *Erwin Ramsdell Goodenough, Erwin R. Goodenough
“Kingship in Early Israel.”
''Journal of Biblical Literature'', volume 48, number 3/4 (1929): pages 169–205. *Alexander Alan Steinbach. ''Sabbath Queen: Fifty-four Bible Talks to the Young Based on Each Portion of the Pentateuch'', pages 151–54. New York: Behrman's Jewish Book House, 1936. *Joseph Reider. ''The Holy Scriptures: Deuteronomy with Commentary'', pages 165–97. Philadelphia: Jewish Publication Society, 1937. *Thomas Mann. ''Joseph and His Brothers''. Translated by John E. Woods (translator), John E. Woods, pages 336–38, 447, 736. New York: Alfred A. Knopf, 2005. Originally published as ''Joseph und seine Brüder''. Stockholm: Bermann-Fischer Verlag, 1943. *''Fourth Geneva Convention, Geneva Convention relative to the Protection of Civilian Persons in Time of War''. Geneva: 1949. (protecting civilians in a war zone, outlawing the practice of total war). *John Gray
“Canaanite Kingship in Theory and Practice.”
''Vetus Testamentum'', volume 2, number 3 (July 1952): pages 193–220. *Isaac Mendelsohn
“Samuel's Denunciation of Kingship in the Light of the Akkadian Documents from Ugarit.”
''Bulletin of the American Schools of Oriental Research'', number 143 (October 1956): pages 17–22. *Haim Cohn, Haim H. Cohn
“Privilege against Self-Incrimination: Israel.”
''Journal of Criminal Law & Criminology, The Journal of Criminal Law, Criminology, and Police Science'', volume 51, number 2 (July–August 1960): pages 175–78. (the effect of Deuteronomy 17:7 and 19:19 constraining witnesses). *T.C.G. Thornton
“Charismatic Kingship in Israel and Judah.”
''The Journal of Theological Studies'', new series, volume 14, number 1 (April 1963): pages 1–11. *Martin Buber. ''On the Bible: Eighteen studies'', pages 80–92. New York: Schocken Books, 1968. *Barnabas Lindars. "Torah in Deuteronomy." In ''Words and Meanings: Essays Presented to David Winton Thomas''. Edited by Peter R. Ackroyd and Barnabas Lindars, pages 117–36. Cambridge: Cambridge University Press, 1968. *David Daube
“One from among Your Brethen Shall You Set King over You.”
''Journal of Biblical Literature'', volume 90, number 4 (December 1971): pages 480–81. *Peter Craigie, Peter C. Craigie. ''The Problem of War in the Old Testament'', pages 10, 36, 45, 47, 57, 102. Grand Rapids, Michigan: William B. Eerdmans Publishing Company, 1978. *Nechama Leibowitz, Nehama Leibowitz. ''Studies in Devarim: Deuteronomy'', pages 160–208. Jerusalem: The World Zionist Organization, 1980. *Baruch Halpern. ''The Constitution of the Monarchy in Israel'' Leiden: Brill, 1981. *Gerald Blidstein, Gerald J. Blidstein
“The Monarchic Imperative in Rabbinic Perspective.”
''AJS Review'', volume 7/8 (1982/1983): pages 15–39. *Pinchas Hacohen Peli, Pinchas H. Peli. ''Torah Today: A Renewed Encounter with Scripture'', pages 217–19. Washington, D.C.: B'nai B'rith Books, 1987. *David Silber
“Kingship, Samuel and the Story of Hanna.”
''Tradition (journal), Tradition: A Journal of Orthodox Jewish Thought'', volume 23, number 2 (winter 1988): pages 64–75. *Patrick D. Miller. ''Deuteronomy'', pages 140–63. Louisville, Kentucky, Louisville: Westminster John Knox Press, John Knox Press, 1990. *David Polish
“Rabbinic Views on Kingship—A Study in Jewish Sovereignty.”
''Jerusalem Center for Public Affairs, Jewish Political Studies Review'', volume 3, number 1/2 (Spring 1991): pages 67–90. *Rochelle L. Millen
“Isaac Abravanel's Concept of Monarchy.”
''Shofar (journal), Shofar'', volume 10, number 3 (spring 1992): pages 47–61. *''A Song of Power and the Power of Song: Essays on the Book of Deuteronomy''. Edited by Duane L. Christensen. Winona Lake, Indiana: Eisenbrauns, 1993. *Judith S. Antonelli. "The Pursuit of Justice." In ''In the Image of God: A Feminist Commentary on the Torah'', pages 439–54. Northvale, New Jersey: Jason Aronson, 1995. *Ellen Frankel. ''The Five Books of Miriam: A Woman's Commentary on the Torah'', pages 267–70. New York: G. P. Putnam's Sons, 1996. *Jacob Milgrom. "Lex Talionis and the Rabbis: The Talmud reflects an uneasy rabbinic conscience toward the ancient law of talion, 'eye for eye, tooth for tooth.'" ''Bible Review'', volume 12, number 2 (April 1996). *Jack R. Lundbom
“The Inclusio and Other Framing Devices in Deuteronomy I–XXVIII.”
''Vetus Testamentum'', volume 46, number 3 (July 1996): pages 296–315. *Gunther Plaut, W. Gunther Plaut. ''The Haftarah Commentary'', pages 471–81. New York: UAHC Press, 1996. *Jeffrey H. Tigay. ''The JPS Torah Commentary: Deuteronomy: The Traditional Hebrew Text with the New JPS Translation'', pages 160–93, 470–76. Philadelphia: Jewish Publication Society, 1996. *Sorel Goldberg Loeb and Barbara Binder Kadden. ''Teaching Torah: A Treasury of Insights and Activities'', pages 316–21. Denver: A.R.E. Publishing, 1997. *Daniel J. Elazar
“The Historic and Contemporary Relationships between ''Halakhah'' and ''Mishpat Hamelukhah''.”
''Jewish Political Studies Review'', volume 10, number 3/4 (Fall 1998): pages 1–16. *Leon M. Mozeson
“Halakha and Democracy.”
''Tradition: A Journal of Orthodox Jewish Thought'', volume 33, number 1 (fall 1998): pages 129–31. *Susan Fendrick. "Principles for Feminist Approaches to Torah." In ''The Women's Torah Commentary: New Insights from Women Rabbis on the 54 Weekly Torah Portions''. Edited by Elyse Goldstein, pages 358–63. Woodstock, Vermont: Jewish Lights Publishing, 2000. *“Kings,” “Priests,” and “Prophets.” In ''The Jewish Political Tradition: Volume 1: Authority''. Edited by Michael Walzer, Menachem Lorberbaum, Nohan J. Zohar, and Yair Lorberbaum, pages 108–243. New Haven: Yale University Press, 2000. *Richard D. Nelson. “Deuteronomy.” In ''The HarperCollins Bible Commentary''. Edited by James Luther Mays, James L. Mays, pages 203–06. New York: HarperCollins Publishers, revised edition, 2000. *Walter Brueggemann. ''Abingdon Old Testament Commentaries: Deuteronomy'', pages 178–222. Nashville: Abingdon Press, 2001. *Timothy M. Willis. ''The Elders of the City: A Study of the Elders-Laws in Deuteronomy''. Atlanta: Society of Biblical Literature, 2001. *Lainie Blum Cogan and Judy Weiss. ''Teaching Haftarah: Background, Insights, and Strategies'', pages 304–13. Denver: A.R.E. Publishing, 2002. *Patricia Dutcher-Walls
“The Circumscription of the King: Deuteronomy 17:16–17 in Its Ancient Social Context.”
''Journal of Biblical Literature'', volume 121, number 4 (winter 2002): pages 601–16. *Michael Fishbane. ''The JPS Bible Commentary: Haftarot'', pages 295–301. Philadelphia: Jewish Publication Society, 2002. *John J. Collins
“The Zeal of Phinehas: The Bible and the Legitimation of Violence.”
''Journal of Biblical Literature'', volume 122, number 1 (Spring 2003): pages 3–21. (the ban in Deuteronomy 20). *Alan Lew. ''This Is Real and You Are Completely Unprepared: The Days of Awe as a Journey of Transformation'', pages 65, 76–86. Boston: Little, Brown and Co., 2003. *Robert Alter. ''The Five Books of Moses: A Translation with Commentary'', pages 961–81. New York: W.W. Norton & Co., 2004. *Pamela Barmash
“Blood Feud and State Control: Differing Legal Institutions for the Remedy of Homicide During the Second and First Millennia B.C.E.”
''Journal of Near Eastern Studies''. Volume 63 (July 2004): pages 183–99. *Cindy Enger. “Haftarat Shoftim: Isaiah 51:12–52:12.” In ''The Women's Haftarah Commentary: New Insights from Women Rabbis on the 54 Weekly Haftarah Portions, the 5 Megillot & Special Shabbatot''. Edited by Elyse Goldstein, pages 230–32. Woodstock, Vermont: Jewish Lights Publishing, 2004. *Bernard M. Levinson. "Deuteronomy." In ''The Jewish Study Bible''. Edited by Adele Berlin and Marc Zvi Brettler, pages 403–14. New York: Oxford University Press, 2004. *''Professors on the Parashah: Studies on the Weekly Torah Reading'' Edited by Leib Moscovitz, pages 323–27. Jerusalem: Urim Publications, 2005. *W. Gunther Plaut. ''The Torah: A Modern Commentary: Revised Edition''. Revised edition edited by David E. Stern, David E.S. Stern, pages 1292–319. New York: Union for Reform Judaism, 2006. *Jeffrey Stackert
“Why Does Deuteronomy Legislate Cities of Refuge? Asylum in the Covenant Collection (Exodus 21:12-14) and Deuteronomy (19:1-13).”
''Journal of Biblical Literature'', volume 125, number 1 (Spring, 2006): pages 23–49. *Suzanne A. Brody. "A Heavenly Ruler." In ''Dancing in the White Spaces: The Yearly Torah Cycle and More Poems'', page 106. Shelbyville, Kentucky: Wasteland Press, 2007. *James Kugel, James L. Kugel. ''How To Read the Bible: A Guide to Scripture, Then and Now'', pages 39, 131, 150, 174, 193, 254, 309–12, 340, 438–41, 446, 449, 579, 628. New York: Free Press, 2007. *Mark O'Brien
“Deuteronomy 16.18–18.22: Meeting the Challenge of Towns and Nations.”
''Journal for the Study of the Old Testament'', volume 33, number 2 (December 2008): pages 155–72. *''The Torah: A Women's Commentary''. Edited by Tamara Cohn Eskenazi and Andrea Weiss (rabbi), Andrea L. Weiss, pages 1141–64. New York: Union for Reform Judaism, URJ Press, 2008. *''Writing and Reading War: Rhetoric, Gender, and Ethics in Biblical and Modern Contexts''. Edited by Brad E. Kelle and Frank Richtel Ames. Society of Biblical Literature, 2008. *Julia Watts Belser. “Setting Ourselves Judges: Parashat Shoftim (Deuteronomy 16:18–21:9).” In ''Torah Queeries: Weekly Commentaries on the Hebrew Bible''. Edited by Gregg Drinkwater, Joshua Lesser, and David Shneer; foreword by Judith Plaskow, pages 250–53. New York: New York University Press, 2009. *Eugene E. Carpenter. "Deuteronomy." In ''Zondervan Illustrated Bible Backgrounds Commentary''. Edited by John H. Walton, volume 1, pages 480–91. Grand Rapids, Michigan: Zondervan, 2009. *Reuven Hammer. ''Entering Torah: Prefaces to the Weekly Torah Portion'', pages 275–79. New York: Gefen Publishing House, 2009. *Raymond Westbrook and Bruce Wells. ''Everyday Law in Biblical Israel: An Introduction''. Louisville, Kentucky: Westminster John Knox Press, 2009. *Jonathan P. Burnside
"A 'Missing Case' in the Biblical Laws of Homicide and Asylum?"
''Vetus Testamentum'', volume 60, number 2 (2010): pages 288–91. *Jonathan P. Burnside
"Exodus and Asylum: Uncovering the Relationship between Biblical Law and Narrative."
''Journal for the Study of the Old Testament'', volume 34, number 3 (March 2010): pages 243–66. (Deuteronomy 19:1–13). *Sheldon M. Finkelstein
"A Tale of Two Witnesses: The Constitution's Two-Witness Rule and the Talmud Sanhedrin."
''Litigation'', volume 36, number 4 (summer 2010): pages 13–17. *Eric M. Nelson, Eric Nelson. ''The Hebrew Republic: Jewish Sources and the Transformation of European Political Thought'', pages 26–56. Cambridge, Massachusetts: Harvard University Press, 2010. *William G. Dever. ''The Lives of Ordinary People in Ancient Israel: When Archaeology and the Bible Intersect'', pages 137, 192. Grand Rapids, Michigan: William B. Eerdmans Publishing Company, 2012. *Shmuel Herzfeld. "The Five-Minute Sermon." In ''Fifty-Four Pick Up: Fifteen-Minute Inspirational Torah Lessons'', pages 273–78. Jerusalem: Gefen Publishing House, 2012. *Richard McDonald
"The 'Altar of the Lord Your God' in Deuteronomy 16.21: Central Altar or Local Altars?"
''Journal for the Study of the Old Testament'', volume 37, number 4 (June 2013): pages 453–72. *David Kalb
“In Pursuit of Justice: Not only should we pursue righteous goals, our methods in achieving those goals must be righteous as well.”
''The Jerusalem Report'', volume 25, number 11 (September 8, 2014): page 47. *Robert Deutsch
"JPFs: More Questions than Answers."
''Biblical Archaeology Review'', volume 40, number 5 (September/October 2014). *Art Swift
"Americans: 'Eye for an Eye' Top Reason for Death Penalty."
''Gallup (company), Gallup''. (October 23, 2014). *Shlomo Riskin. ''Torah Lights: Devarim: Moses Bequeaths Legacy, History, and Covenant'', pages 159–202. New Milford, Connecticut: Maggid Books, 2014. *''The Commentators' Bible: The Rubin JPS Miqra'ot Gedolot: Deuteronomy.'' Edited, translated, and annotated by Michael Carasik, pages 113–41. Philadelphia: Jewish Publication Society, 2015. *Jonathan Sacks. ''Lessons in Leadership: A Weekly Reading of the Jewish Bible'', pages 263–67. New Milford, Connecticut: Maggid Books, 2015. *Richard J. Bautch
“The Altar Not Destroyed in Deuteronomy 16.21.”
''Journal for the Study of the Old Testament'', volume 40, number 3 (March 2016): pages 321–36. *Jonathan Sacks. ''Essays on Ethics: A Weekly Reading of the Jewish Bible'', pages 299–304. New Milford, Connecticut: Maggid Books, 2016. *Bill Dauster
"Mixed Feelings About Kingship,"
''Congregation Beth El Scroll'', July–August 2017, page 6. *Shai Held. ''The Heart of Torah, Volume 2: Essays on the Weekly Torah Portion: Leviticus, Numbers, and Deuteronomy'', pages 240–49. Philadelphia: Jewish Publication Society, 2017. *Steven Levy and Sarah Levy. ''The JPS Rashi Discussion Torah Commentary'', pages 163–66. Philadelphia: Jewish Publication Society, 2017. *Pekka Pitkänen
“Ancient Israelite Population Economy: Ger, Toshav, Nakhri and Karat as Settler Colonial Categories.”
''Journal for the Study of the Old Testament'', volume 42, number 2 (December 2017): pages 139–53. *Harald Samuel. “Competing Competencies: The Struggle for Authority in Deut 17:8–13 in Comparative Perspective.” In ''Debating Authority: Concepts of Leadership in the Pentateuch and the Former Prophets''. Edited by Katharina Pyschny and Sarah Schulz, pages 178–92. Berlin: De Gruyter, 2018. *Jonathan Sacks. ''Covenant & Conversation: A Weekly Reading of the Jewish Bible: Deuteronomy: Renewal of the Sinai Covenant'', pages 149–80. New Milford, Connecticut: Maggid Books, 2019. *Cat Quine
"The Host of Heaven and the Divine Army: A Reassessment."
''Journal of Biblical Literature'', volume 138, number 4 (2019): pages 741–55. *Carsten Vang
“The Non-Prophetic Background for the King Law in Deut 17:14–20.”
In ''Paradigm Change in Pentateuchal Research''. Edited by Matthias Armgardt, Benjamin Kilchör, and Markus Zehnder, pages 207–23. Wiesbaden: Otto Harrassowitz, 2019.


External links


Texts


Masoretic text and 1917 JPS translationHear the parashah chanted


Commentaries


Academy for Jewish Religion, New YorkAmerican Jewish University—Ziegler School of Rabbinic StudiesChabad.orgHadar InstituteJewish Theological SeminaryMyJewishLearning.comPardes from JerusalemReconstructing Judaism

Sephardic InstituteUnion for Reform JudaismUnited Synagogue of Conservative JudaismYeshiva University
{{DEFAULTSORT:Shoftim (Parsha) Weekly Torah readings in Elul Weekly Torah readings from Deuteronomy Jewish mysticism