Devarim
Book 5: Deuteronomy
SHOFTIM - RASHI COMMENTARY
Chapter 16 - Rashi
Verse 18: Judges and police officers.
Judges:
Magistrates who render legal decisions.
Police officers---
who compel the people1
to abide by their instructions
by administering corporal punishment
with cudgels and whips,
until they accept the judge's decision.2
In all of your cities.
In each and every city.3 4
For your tribes.
This continues from
'You shall appoint for yourself'---
"Judges and police officers
you shall appoint for yourself
for your tribes,
in all of your cities
which Ad-noy, your G-d,
is giving you."5
For your tribes.
This teaches
that judges are to be seated
for each and every tribe6
and in each and every city.7
Who will judge the people, etc.
Appoint8 competent, righteous judges,
to judge righteously.9
Verse 19: Do not pervert justice.
This follows the obvious interpretation.
Do not display favoritism.
Not even during the arguments.10
This prohibits the judge
from being gentle with one
but harsh with the other,
or from requiring one to stand
while the other is seated;
because when one notices the judge
deferring to his fellow,
his arguments are repressed.11
Do not accept bribery.
Even to adjuticate fairly.12 13
For bribery blinds.
Once he has accepted his bribe,
it is impossible for him not to be partial,
and subvert the verdict in his favor.14
Words that are just.
Words that are justified,15
true justice.
Verse 20: Pursue absolute justice.
Follow16 after the pre-eminent tribunal.17
So that you may live and inherit.
There is adequate merit
in the appointment of ethical judges18
to bring life19 to the Israelites,
and settle them on their land.20
Verse 21: Do not plant an Asherah tree for yourself.
This makes him liable
from the time that it was planted.
Even if he never worshipped it,21
he transgresses a negative commandment
for the very planting.22
Do not plant an Asherah tree for yourself;
any tree near the altar of Ad-noy, your G-d.
This prohibits
planting a tree23
or building a structure24
on the Temple mount.25
Verse 22: Do not erect for yourself a monument.
A single-stone monument
for sacrificial offerings,
even for the sake of Heaven.26 27
That [G-d] detests.
An altar made of stones
or an earthen altar
is what He commanded,
but He detests this,
because it was in the canon
of the Canaanites.
Although He cherished it
during the times of the patriarchs,
He now detests it,
since they included it28
in the idolatrous ritual.29
Chapter 17 - Rashi
Verse 1: Do not sacrifice, etc., anything bad.
This prohibits causing the pigul disqualification30
of the sacred offerings through31
a pernicious statement.32 33
Additional derivations
are extrapolated from this
in the tractate dealing with the slaughter
of the sacred offerings.34
Verse 2: By violating His covenant.
Which He established with them
prohibiting idolatry.
Verse 3: That I did not command.
To worship them.35
Verse 4: Authenticated.
The testimony was consistent.36
Verse 5: You are to take out that man...to your city,
etc.
Anyone who renders {Hebrew Ref}
as "to the gates of your tribunal"
is mistaken,
for we have learned the following:
"to your gates"---
this refers to the gate where he worshipped.
But perhaps it refers to the gate
in which he was tried?
"Your gates" is said below,37
and "your gates" is said above.38
Just as "your gates" above
refers to the gate in which he worshipped,
so does "your gates" below
refer to the gate in which he worshipped.
Targum [Onkelos] renders
"to your city."39
Verse 6: Two witnesses or three.
If testimony is valid with two,
why is three specified?
To compare three to two.
Just as two comprise a single entity,40
so three comprise a single entity41---
hence, none42 are liable43
as "conspiring witnesses44"
unless all are convicted as conspirators.45
Verse 8: If...is too abstruse.
{Hebrew Ref} always denotes
separation, or setting apart---
the matter is separated,
concealed from you.
Between blood and blood.
Between ritually unclean blood
and clean blood.46
Between decision and decision.
Between a 'not guilty' decision,
and a 'guilty' decision.47
Or between leprosy and leprosy.
Between ritually unclean leprosy,
and clean leprosy.48
Matters under dispute.
When the wise men of the city
disagree over the matter,49
one finding that it is unclean,
the other that it is clean;
one ruling 'guilty',
the other 'not guilty'.
You shall rise and ascend.
This teaches that the Beis Hamikdosh
was loftier than all other places.50 51
Verse 9: The kohanim---the Levites---
The kohanim, who are descended
from the tribe of Levi.
And the judge officiating during those days.
Even if he is not comparable to the other judges
who preceded him,52
you must obey him---
you have no one but the judge
in your day.
Verse 11: Neither right or left.
Even if he tells you that right is left53
or left is right;54
certainly, if55 he tells you
that right is right
and left is left.56
Verse 13: Let all the people hear.
From here it is derived
that we wait with him until the festival,57
then execute him during the festival.58
Verse 16: He may not acquire
an abundance of horses for himself.
Except as required for his riding entourage,59
so that he does not send the people back
to Egypt,60
the source of supply for horses,
as it is said concerning Shlomo,
"Chariots were brought up out of Egypt
for six hundred silver pieces,
and horses for one hundred fifty."61
Verse 17: He may not acquire an abundance of wives.
No more than eighteen,
as we find that Dovid
had six wives,
and it was said to him,
62"If this is insufficient,
then I shall add, for you,
as many, and again."63
And silver and gold
he may not accumulate for himself
in great abundance.
Except as required
to maintain his retinue.64
Verse 18: It shall be, that when he occupies.
If he fulfills this,
then he is worthy65
of his kingdom enduring.66
A duplicate of [this] Torah.
Two Torah scrolls,67
one to be stored in his treasure chamber,
and one to accompany him on his arrivals
and departures.68
Onkelos, however, translates "text,"
rendering {Hebrew Ref} as "teaching," or "word."
Verse 19: Every word of this Torah.
This follows the plain meaning.69
Verse 20: And he does not stray
from the commandment.
Even an easily fulfilled directive by a prophet.70
So that the days of his reign are lengthy.
Implicit in the positive71
is the negative.72
We find this with Shaul,
whom Shmuel73 told,
74"Wait seven days, until I come to you, etc.,"
to offer olah-sacrifices.
And it is written,
75"He waited seven days,"
but did not keep his commitment
to wait the entire day.
He had hardly completed the olah-offering,
when Shmuel arrived, and told him,
76"You have been foolish!
You have not kept. etc.,
so now your reign will not endure."
Thus, you learn that,
over an easily fulfilled directive
by a prophet,
he was punished.
He and his sons.
This teaches
that if his son
qualifies77 as a regent,
he takes precedence over all other candidates.78
Chapter 18 - Rashi
1--2: The entire tribe of Levi.
Whether physically sound
or blemished.79 80
A portion.
In the spoils.
Or an inheritance.
In the land.81
Ad-noy's fire offerings.
The sacred offerings at the Sanctuary.82
And His inheritance.
This refers to the extra-Sanctuary sacred items---
the terumah-gifts and the tithes.83
However, they did not receive a complete inheritance
among their brethren.84
Sifrei85 expounds:
'But he will have no territory'---
this refers to the inheritance of the remaining ones.
'among his brothers'---
this refers to the inheritance of five.86
I do not know what this means.87
But it seems to me
that the Canaanite territory
across the Yardein and onward88
is entitled
'The land of five nations;'
that of Sichon and Og,89
'Two nations,'
the Emorites and Canaanites;
and 'the inheritance of the remaining ones'
adds90 that of the Keinites, Kenizites, and Kadmonites.91
A similar exposition92 is made
in the portion of the Torah
concerning the gifts
disclosed to Aharon,
93"Therefore, Levi did not have, etc."---
this prohibits [the territory of]
the Keini, Kenizi, and Kadmoni.94
Afterward, I found, in R' Klonimus' commentary,
that the text of Sifrei is as follows:
" 'But he will have no territory'---
this refers to the inheritance of five.
'among his brothers'---
this refers to the inheritance of seven."
The inheritance of five tribes,
and the inheritance of seven tribes.
Because Moshe and Yehoshua
did not appropriate any inheritance
except that of the five tribes alone---
for Moshe appropriated the portions
of Reuvein, Gad, and half the tribe of Menashe,
Yehoshua appropriated the portions
of Yehudah, Efrayim, and half the tribe of Menashe,
and the seven others took possession by themselves,
after Yehoshua's demise---
because of this,
he mentions five separately,
and seven separately.
As He said to him.
"You shall not inherit their land, etc.,
I am your portion."95
Verse 3: From the people.
But not from the kohanim.96
Whether an ox or a sheep.
This excludes wild animals.97
The foreleg.
From the carpus
to the shoulder blade,98
espaldon in Old French.
The jaw.
Including the tongue.99
Those expounding Scriptural selections
remarked
that the foreleg represents the hand,100
as it is said,
'He grasped a spear in his hand;'101
the jaw represents prayer,
as it is said,
'Pinchas stood and prayed;'102
and the [fourth] stomach represents
103'[He pierced]...the woman in her genital area.'104
Verse 4: The first portion of your grain.
This refers to the terumah-gift.
No amount is specified.
The Rabbis, however,
established specific amounts.
The generous gift: one fortieth of the total crop.
The minimal gift: one sixtieth.
The standard gift: one fiftieth.105
They found Scriptural support
for the minimal amount of one sixtieth,
as it is said,
"Give one sixth of an eiphah
from a chomer of barley."106
Now one sixth of an eiphah is half a se'ah.107
If one gives half a se'ah from a kur,108
the resulting amount is one sixtieth,
since the kur
is comprised of thirty se'ahs.109
And the first of the shearing of your sheep.
When you shear your sheep every year,
give the first of it110 to the kohein.
No amount is specified,
but the Rabbis established a specific amount:
one sixtieth.111
How many sheep cause
the first shearing obligation?
Five ewes, as it is said,
112"Five sheep which cause113
[the first shearing obligation]."
R' Akiva said,
"The first shearing"---two.
"of your sheep"---four.
"you shall give him"---five.114
Verse 5: To stand and perform the service.
This teaches
that the service may be performed
only while standing.115
6--7: If a Levite should come.
Perhaps it is literally to the Levite116
that Scripture refers?117
The Torah therefore teaches
"He shall perform the service"118
this excludes the Levites,
who are not permitted to perform the services.119
Coming with all his soul's desire...
He shall perform the service.
This teaches, concerning the kohein,
that he is permitted to come
and offer up
his personal120 voluntary or obligatory sacrifices,
even during a watch121 which is not his own.
Another interpretation.
This teaches, further,122
that the kohanim who came
during the festival [were permitted]
to bring offerings with the ministering watch,
by performing the sacrificial services
with the offerings which were brought
because of the festival obligation---
for example, the festival musaf-offerings---
although the watch was not their own.
Verse 8: They shall eat equal portions.
This teaches that they share
in the skins,123
and in the flesh of the sin-offering goats.124
Perhaps even in the offerings
unrelated to the festival---
for example, the constant tamid
and Shabbos musaf-offerings,
and the endowment and gift-offerings?
The Torah therefore teaches,
'With the exception of [the matters
included in] the ancestral exchange,'
during the time of Dovid and Shmuel,
when the watches were established.125
They exchanged with each other---
'Take your Shabbos,
and I will take my Shabbos.'126
Verse 9: Do not learn to perpetrate.
'But you may learn to understand and instruct.'127
This means, to understand
how corrupt their activities are,
and to instruct your children,
'Do not do this,
as this is the custom of the Gentiles.'
Verse 10: Anyone who passes his son or daughter
through fire.
This is the way "Molech" was worshipped.
They would build a fire on either side,
and then pass the child between both of them.128
Who practices the kosem-occult.
What is the kosem?
One who grasps his divining rod
and asks,
'Shall I go, or not?'
Concerning this it is said,
129"My people petition their sticks,
their rods counsel them!"130
Who practices time-frame-occult.
R' Akiva said
that this refers to those who
divine the times,
declaring that certain times
are propitious for beginnings.
The Rabbis said,
that this refers
to sleight of hand magicians.131
Who divines portentuous events.
[As when] bread drops from his mouth,
a deer crosses his path,
or his staff falls from his hand.132
Verse 11: Or a snake charmer.
Who gathers flocks of snakes and scorpions
or other wild animals
into one area.133
One who invokes the spirit of Ov.
This refers to sorcery entitled "Pisom:"
A voice emanates from the armpit,
and summons the dead onto the armpit.134
Or yidoni.
He places the bone of an animal
called yedoa
into his mouth,
and the bone speaks through magical powers.135
Or communicates with the dead.
For example,
someone who conjures up [the dead]
onto his male organ,
or communicates with a skull.136
Verse 12: Anyone perpetrating this.
'One perpetrating all this'
is not said,
but 'anyone perpetrating this'---
even one of them.137
Verse 13: Walk in perfect trust with Ad-noy, your G-d.
Walk with Him in utter trust,
in anticipation of Him.
Do not explore the future,
rather, whatever befalls you
accept with perfect trust.
Then, you will be with Him,138
[He will take you] as His portion.139
Verse 14: Ad-noy, your
G-d, has not given you their status.
Whereby they listen to augurers
or sorcerers,
for He visited the Divine Presence140
on the prophets,
and the urim vetumim oracle.
Verse 15: From your midst, of your brethren, like me.
Just as I am in your midst
and of your brethren.141
He shall ordain [a prophet] for you
in place of me.142
Similarly, from prophet to prophet.143
Verse 20: Which I did not instruct him to say.
However, I did instruct his fellow.144
Which he says in the name of foreign gods.
Even if he is halachically correct,
by prohibiting what is actually prohibited,
and permitting what is permitted.145
He must die.
By asphyxiation.146
With three, execution is carried out by mortals:
with someone who fabricates a prophetic message
he did not hear;147
one who delivers a prophecy
which was not revealed to him,
but to his fellow;148
and one who prophesies in the name of an idol.149
However, one who withholds his prophecy,150
violates a prophet's instructions,151
or violates his own prophecy152
is punished by Heavenly execution, as it is said,
153"I shall prosecute [the matter] with him."154
Verse 21: If you should say to yourself.
You are destined to say this,155
when Chananiah ben Azor will appear
and prophesy,156
"Behold, the Sanctuary vessels will be returned
from Babylon now, immediately,"157
while Yirmiyahu will stand and cry out,
158"Concerning the columns and the basin, etc.,
concerning the remaining vessels"
which were not exiled with Yechaniah---
"they shall be transported to Babylon"
with Zidkiyahu's exile!159
Verse 22: Should the prophet speak.
And say,
'The following is destined to befall them,'
and you observe that it does not occur---
This is something Ad-noy did not say,
and you must kill him.160
But you may ask,
this applies with a prophet who foretells
the future.
What if he appears and says 'You must do the following.
I speak by the word of G-d!'?
They have already been instructed:
If he attempts to divert you
from any one of the commandments,
"Do not listen to him;"161
unless he has been established in your estimation
as a perfect saint,
as, for example,
Eliyahu on Mount Carmel,
who offered a sacrifice on an extra-Sanctuary altar162
when such altars were prohibited,
in order to create a restrictive enclosure around Yisroel---
strictly as befitting the need of the moment,
so that the breach [in Torah observance] may be contained.
This is why it is stated,
163"You shall obey him."164
Do not fear him.
Do not refrain
from finding him guilty.165
Do not fear punishment because of him.
Chapter 19 - Rashi
Verse 3: Ready the route.
Refuge! Refuge!
was emblazoned at every fork in the road.166 167
Divide the borders of your land into three sections.
The distance from the border
until the first of the refuge cities
should be equivalent to the travelling distance
between that city and the second;
so, from the second to the third;
and so from the third to the opposite border
of Eretz Yisroel.168
Verse 5: And as his hand swung. . .downward.
As he lowered the axe over the tree.
Targum [Onkelos] renders
{Hebrew Ref} ,
meaning "his hand was lowered"
to strike a downward blow with the axe
onto the tree.
"For the cattle lowered it,"169
Yonasan renders,
{Hebrew Ref} .
The iron flew off the wooden handle.
Some Rabbis say that the iron flew off the handle.
But some say that the iron loosened a chip
from the tree being chipped.
This flew off, and caused the death.170
Verse 6: Lest the blood-redeemer pursue.
This is why I am instructing you
to ready the route,
and [why there are] numerous refuge cites.171
Verse 8: When [G-d] expands...
in accordance with His oath.
To give you the land of
the172 Keini, Kenizi, and Kadmoni.173
Verse 9: You shall add three more.
Making nine---
three across the Yardein,
three in the land of Canaan,
and three in the time destined to come.174
Verse 11: If there is a man who hates his neighbor.
Because of his hatred,
he will eventually stalk him.
From here it is derived
that if a man violates a minor offense,
he will ultimately commit a grave transgression.
Because he violated "Do not hate [your brother],"175
he ultimately committed murder.
This is why it says,
"If there is a man who hates his neighbor, etc."
Otherwise, it should have written,
"If a man rises up, stalks his neighbor,
and wounds him mortally."176
Verse 13: Do not view him with compassion.
Do not say,
the first one has already been killed.
Why kill this one,
and have two dead Jews?177
Verse 14: Do not move back the boundary.
The word means the same as
"They have retreated rearward."178
When one moves the boundary marker rearward,
into his neighbor's property,
in order to increase his own.
But doesn't it already say,
"Do not steal?"179
Why, then, does the Torah say,
"Do not move back...?"
This teaches that someone who overturns
his neighbor's boundary
violates two negative commandments.
Perhaps this applies outside the land [of Eretz Yisroel] as well?
The Torah therefore teaches,
"in your hereditary property which you inherit, etc."
In Eretz Yisroel one violates two commandments,
but outside [Eretz Yisroel,]
one violates only "Do not steal."180
Verse 15: One witness.
This establishes a source construct:
Wherever "witness" is mentioned in the Torah,
the reference is to two,181
unless specified as one.182
For any sin or transgression.
To have his fellow penalized by his testimony,
whether by corporal
or monetary punishment.183
However, he may rise up
to require him to take an oath.184
If someone says to his fellow,
'Repay that which I lent you,'
he replies, 'I owe you nothing,'
and a single witness testifies
that he owes [the money,]
he is obligated to take an oath.185
By the word of two witnesses.
But they cannot write their testimony
in a letter
and send it to the court;186
nor may a translator stand
between the witnesses187
and the justices.188
Verse 16: And bears fallacious testimony against him.
The story is utterly untenable,
as the witness was dissociated189
from the entire testimony.190
How is this?
When other witnesses said to them,
'But weren't you with us on that day
at another location?!'191 192
Verse 17: The two men shall stand.
Our passage refers to the witnesses.193
This teaches that women cannot testify,
and that the witnesses must testify
while standing.194
Who are involved in the dispute.
This refers to the litigants.195 196
Before Ad-noy.
It should seem to them,
as if they stand before the Omnipresent,
as it is said,
197"He [G-d] judges in the midst of judges."198
Who are in those days.
Yiftach, in his generation,
is like Shmuel in his generation---
you must treat him reverently.199
Verse 18: The judges shall investigate thoroughly.
This is directed at
those asserting that the witnesses were conspirators.200
They shall investigate and interrogate
those accusing them of conspiracy,201
by the prescribed method of investigation
and interrogation.202 203
Behold, the witness testified falsely.
Wherever "witness" is mentioned,
Scripture refers to two.204
Verse 19: As he conspired.
But not as he did.
From here it is derived
that if the execution was carried out,
the witnesses are not executed.205
To do to his brother.
What does the Torah teach
with "to his brother"?
It teaches that witnesses who conspired
against the daughter of a kohein
who was married206
are not executed by burning,
but by the method of execution
of the adulterer,
which is asphyxiation,
as it is said,
"She...shall be burned by fire"207---
she, but not the adulterer.
This is why "to his brother" is said here---
"as he conspired to do to his brother,"
but not as he conspired to do to his sister.
However, with all the other executions,
the Torah likens women to men,
and conspirators against a woman
are executed as are conspirators against a man.
For example, if they testified
that she committed murder
or desecrated Shabbos,
they are executed
by the same method as she would have been.
For "his sister" is not excluded here
except where
the punishment for conspiracy may be fulfilled
with the adulter's [type of] execution.208
Verse 20: Will hear and be fearful.
From here we derive
that there must be a proclamation,
'So and so were executed
for conspiratorial testimony in court.'209
Verse 21: Eye for eye.210
Monetary payment.
Similarly, "tooth for tooth, etc."
Chapter 20 - Rashi
Verse 1: When you go to war.
Scripture positioned going to war here211
to teach that anyone lacking a body member
is not qualified to go to war.
Another interpretation.
To teach that if you judge righteously,
you will be assured when you go to war,
that you will be victorious.212
Similarly, Dovid said,
213"I have acted justly and righteously---
Do not abandon me to those who would dispossess me."214
Against your enemy.
Consider them enemies.215
Do not pity them,216
for they will not pity you.217
Horse and chariot.
In My eyes,
they are all like a single horse.
Similarly, it says,
"You shall strike down Midian as one man."218
Similarly, it says,
219"When Pharoah's horse approached."220
People who outnumber you.
In your eyes they are numerous,221
but in My eyes, they are not numerous.222
Verse 2: As you near the battle.
Near your departure
from the border settlement
at your country's boundary.223 224
The kohein shall approach.
The one annointed for this purpose.225
He was entitled "The one annointed for warfare."226
And speak to the people.
In the sacred Hebrew tongue.227
Verse 3: Hear, Yisroel.
Even if you have no merit228
other than the reading of the Shema alone,
you are worthy of being saved.229
Against your enemies.
These are not your brothers.
If you fall into their hands,
they will be merciless towards you.230
This is not the same as the war
between Yehudah and Yisroel,
where it is said,
231"The men whose names were specified arose
and took hold of the captives;
All those who were naked, they clothed from the spoils.
They clothed them, gave them shoes,
fed them, gave them drinks,
anointed them with oil,
and led on donkeys those who were weak.
They brought them to Yereicho,
the city of dates,
near their brothers.
Then they returned to Shomron."
Rather, you are proceeding towards your enemies.
Therefore, be strong for the battle.232
Do not be faint hearted or intimidated;
do not panic or be crushed.
Four prohibitions,
corresponding with the four things
the Gentile monarchs do.
They fasten their armor plates
so that they strike each other,
and produce a clamor
which terrorizes their opponents into fleeing;
they tramp heavily with their horses
and goad them into a frenzy,
so that the pounding of the horses' hoofbeats is heard;
they utter screams and blow horns
and other noise makers.
Do not be faint hearted.
From the horses' frenzy.
Do not be intimidated.
From the fastening of the armor.
Do not panic.
From the noise of the horns.
Do not be crushed.
From the sounds of screaming.233
Verse 4: For Ad-noy your G-d.
They advance by mortal triumph,
whereas you advance by the triumph of the Omnipresent.
The Plishtim advanced by the triumph of Golias---
what was his end?
He fell, and they fell with him.234
Marches with you.
This refers to the camp of the sacred ark.235 236
Verse 5: And did not inaugurate it as a dwelling.
Did not live in it.
{Hebrew Ref} denotes inauguration.
And another man will inaugurate it.
This is a matter
of great anguish.237
Verse 6: And did not redeem it.
Did not redeem it during the fourth year,
when the fruit must be eaten in Jerusalem,
or redeemed with money,
and the money spent for food eaten in Jerusalem.238
Verse 7: Lest he die in battle.
He should return lest he die,
for if he does not follow the instructions of the kohein,
he deserves to die.
Verse 8: The officers will further.
Why is "further" mentioned here?
Because this is to be added
to the words of the kohein.
The kohein239 delivers the address
and announces240
from "Hear Yisroel" until "to save you."
"Is there a man," then the second,
and then the third,
the kohein addresses and an officer announces.
With our passage, an officer addresses
and another officer announces.241
Who is afraid, or faint hearted.
R' Akiva said,
as the plain meaning indicates---
he cannot maintain himself in the battle mode,
where he must face the menacing sword.
R' Yosi Hagalili said,
one who is afraid because of his transgressions.242
The reason the Torah provides the pretext
of returning because of one's house or vineyard or wife243
is to protect those who return
because of their transgressions---
so that no one realizes that they are transgressors.
Those who notice their return will say,
'Perhaps he built a house,
or planted a vineyard,
or took a wife.'244
Verse 9: Army commanders.
To station disciplinary officers
at the front and to the rear,
carrying iron spears.
If anyone attempts to retreat,
they are empowered
to cut off their legs.
"Disciplinary officers," lit. "those who lift up"---
men who are stationed
at the edge of the battlefield
to "lift up" those who falter,
and encourage them by saying,
'Get back to the battle,
don't run away!
Running away is the beginning of downfall!'245
Verse 10: When you near a city.
Scripture refers to a discretionary war,246
as stated explicitly below,
247"You shall deal this way
with all the distant cities, etc."248
Verse 11: All the people found in it.
Even if you should find in it
members of the seven nations
you are required to annihilate,
you may allow them to survive.249
Payers of tribute and your servants.
Provided they accept the tribute payment250
and the servitude.251
Verse 12: If it does not settle for peace with you,
but engages in war against you.
Scripture informs you
that if it does not make peace with you,
it will ultimately engage in war against you
if you withdraw and depart.252
You shall lay siege to it.
Even if this causes famine and thirst,
and death from pestilence.253
Verse 13: Ad-noy your G-d will deliver it
into your hand.
If you fulfill everything mentioned here,
G-d will ultimately deliver it into your hand.254
Verse 14: And children.
Even the male children.
How, then, is "Strike down all its males" fulfilled?
With the adults.255
Verse 17: As [G-d] commanded you.
This adds the Girgashites.256
Verse 18: In order that they do not teach you.
This infers that if they repent and convert,
you may257 accept them.258
Verse 19: Days.
Two.
Many.
Three.
From here it is derived
that we do not lay siege
to the Gentile cities
fewer than three days before Shabbos.259
And it teaches
that the peace overture is tendered
for two or three260 days.
Similarly, it is said,
"David remained in Ziklag for two days."261
Scripture refers to discretionary warfare.262
For, is the tree in the field a man?
Here, {Hebrew Ref} is understood as "perhaps."
'Perhaps the tree in the field is a man,
to be included in your siege,
and suffer famine and thirst
along with the city's inhabitants?263
Why must you destroy it?'
Verse 20: Until it is conquered.
The meaning is "conquest."264
Until it is subjugated to you.
Chapter 21 - Rashi
Verse 2: Your elders shall go out.
The most distinguished265 of your elders.
This refers to the supreme Sanhedrin.266
And measure.
From the spot267 where the corpse is lying.268
In the direction of the cities around the corpse.
In every direction,
in order to determine which is closest.269
Verse 4: To a stony valley.
Hard, which cannot be cultivated.270
They shall decapitate.
By severing the nape271
with an axe.
The Holy One, may He be blessed, said,
'Let a yearling calf, which never bore fruit, come
and be decapitated in a place
which cannot bear fruit,
as atonement for the murder of the one
who was not permitted to bear fruit.272 273
Verse 7: Our hands have not spilled.
Is it possible to imagine that the elders of the court
committed murder?
Rather, 'We did not observe him and dismiss him
without food and escort.'274
The kohanim275 then say:
Verse 8: Forgive your people Yisroel:
The blood shall thus be atoned for in their behalf.
Scripture informs them
that once they have fulfilled this,
the sin will be absolved.276
Verse 9: Still, you must eradicate.
This teaches that if the murderer is apprehended
after the decapitation of the heifer,
he must be executed.
This is righteous in the eyes of G-d.