Deuteronomy · Chapter 16

Observe the month of Aviv and perform the Passover offering before Hashem your God, for in the month of Aviv Hashem your God brought you out of Egypt and wrought miracles for you in the night.

שמור את חדש האביב WATCH THE MONTH OF ABIB — This means: Before it comes watch whether it will be capable of producing ripe ears (אביב), so that one may offer the Omer meal-offering during it, and if not (i.e. if you observe that the ears will not be ripe by the 16th of Nisan), then intercalate the year (i.e. add a month to the winter-period, so that the month Abib falls later than it otherwise would, by which time the ears will be ripened) (cf. Sanhedrin 11b and Note 4 on p. 191 of Leviticus in the Silbermann edition of the Pentateuch). ממצרים לילה [FOR IN THE MONTH OF ABIB THE LORD THY GOD BROUGHT THEE FORTH] FROM EGYPT BY NIGHT — But did they not go forth by day , as it is said, (Numbers 30:3) “on the morrow after the Passover the children of Israel went out … [in the sight of all the Egyptians]”? But it states that they went out by night because Pharaoh gave them permission to go forth by night, as it is said, (Exodus 12:31) “And he called for Moses and Aaron by night, [and said, Rise up, go forth from among my people etc.]” (cf. Sifrei Devarim 128:5; Berakhot 9a).

KEEP THE MONTH OF AVIV. The commandment of the festivals [mentioned here] is explanatory, for He has already mentioned it. Now, in the Book of Leviticus He mentioned with reference to the festivals, And ye shall bring an offering made by fire unto the Eternal, but here he did not mention them [the offerings] at all. Instead he commanded Israel to ascend on their account [to celebrate the festivals] to the place which He will choose, and rejoice before Him. For just as he commanded that one bring the Second Tithe before G-d, and also the firstling, and eat them there in the place that G-d will choose, he added [here] to make it clear that they will all be further obligated to come before G-d and celebrate before Him on three festivals and rejoice with the peace-offerings that they will offer before Him. Now he did not mention the times of the Festivals of Unleavened Bread and Tabernacles on which dates they occur, but he briefly mentioned their months, for He had already stated everything there.

"את חֹדֶשׁ הָאָבִיב — The month of the spring." It is called thus because there was ripe grain [aviv] when they went out of Egypt. Those who deny [the Oral tradition] say that Passover may not be observed unless there is already ripe grain. I have already refuted their absurdities. Nevertheless, we too acknowledge that the court would look to the state of the grain. Know that the months have no names in the Holy Tongue, for Nisan, Sivan, Kislev, Tevet, and Adar — those mentioned in Scripture — are Chaldean words. That is why [Scripture] says, "It is the first month, Nisan" [Esther 3:7]. However, we do find [the Hebrew names] Ziv, Eitanim, and Bul. The primary meaning [of this verse] is: wherever ripe grain is found, that month is the first month, for from it one begins to count the months — whether the previous year had twelve months or thirteen, we are not concerned with that. That is the primary meaning. However, our sages of blessed memory transmitted other matters together with the [requirement of] ripe grain, and all their words are true. "לַיְלָה — At night" — He brought you out from under the authority of Pharaoh. The more precise [sense] I will explain further on.

שמור את חודש האביב, make sure that the month of Nissan always occurs in the spring, by manipulating the calendar, if necessary and inserting an extra month of Adar. By doing this the solar orbit (year) and the lunar orbits, (12 moons equaling a year) can be brought into line with each other. ועשית פסח, on the first evening of the festival of matzot כי בחודש האביב הוציאך, because it was G’d’s will that your departure from Egypt should be at the time when the month signaling the beginning of spring should occur, astrologically a time when the zodiac sign of the lamb ascends in tandem with the sun, and is opposite the moon, the latter symbolising the Jewish people, as opposed to the Egyptians who worship the sun as a major deity. לילה, on that occasion, the sun/lamb being opposite the moon occurred at night. Seeing that one cannot offer a sacrifice at night, the Torah arranged for the Passover to be offered on the afternoon preceding that night. As a commemoration of that event, it was decided not to change the time of offering the Passover even though the astrological/astronomical data change from year to year.

שמור, “wait until the month of spring.” The month of Nissan is called the month of spring, as the spring equinox occurs always during that month. Crops known as אביב, ripen during that month in the land of Israel. They are primarily the barley crops. We have been told this already in connection with the plague of hail in Exodus 9,31. ועשית פסח, “and you must observe the Passover;” the Torah was forced to repeat this law as in verse 5 of this chapter it stipulated that once the people were in their own land they were forbidden to offer this offering and consume it in their own dwellings, outside of Jerusalem. In the expression: ממצרים לילה, “from Egypt, at night,” the word לילה here refers only to the eating of the Passover, as the Exodus did not commence until the morning of the fifteenth of Nissan, and they had been absolutely forbidden on pain of death to leave their homes already during that night. (Exodus 12,22)

שמור את חדש האביב, “you shall observe the month of spring.” This is the month of Nissan during which the Exodus from Egypt took place. Our sages (Sifri) elaborate that the exhortation of the Torah means that we must make preparations for this month beforehand so that its arrival should coincide with the arrival of spring, a time when the offering of the first ripe barley is to take place on the 16th of that month. If this does not (at least) coincide with the spring solstice, the sages are to insert an extra month so that the spring solstice occurs before the 16th of Nissan ממצרים לילה, “from Egypt at night.” The actual departure was by day as we know from Numbers 33,3 that “the Israelites left on the morrow after the Passover.” Moreover, the Torah adds in Exodus 12,41 that בעצם היום הזה יצאו, “they departed on that very day,” i.e. during the hours of daylight of the 15th of Nissan. Why then does the Torah speak here about the Israelites departing at night? The answer is that seeing that permission had been given for them to depart they are considered as having left the state of enslavement already. Exodus 12,31 reported that Pharaoh called upon Moses and Aaron during the night and told them: “arise and leave!” Onkelos translates our verse here ועבד לך נסין בלילה, “and He performed miracles for you at night,” so that you should not be misled into thinking that the departure took place at night.

שמור את חודש האביב, “You shall observe the month of spring, etc.” The Torah in Leviticus, chapter 23 has already provided us with a list of these festivals and details regarding their observance as well as the communal offerings to be offered by the priests on those occasions. [Also, more specifically, in Numbers chapter 28. Ed.] This is why Moses does not repeat the legislation concerning these offerings. The emphasis in this chapter is on the duty for the male adults to make the three pilgrimages to the Temple each year in order to pay one’s respects to the Shechinah, the benevolent presence of Hashem in the Temple. Although certain of G’d’s blessings may only be consumed within the boundaries of the holy city of Jerusalem, notably the second tithe, (at anytime of the year), there are three fixed dates when such appearances are mandatory. Whereas Moses does not repeat the precise dates of these festivals, the Torah having done so twice already, he does repeat the months in which these festivals occur.

You shall slaughter the Passover offering before Hashem your God — from the offspring of the flock, and the sacred slaughter-offerings from the cattle — in the place that Hashem will choose to cause His Shechinah to dwell there.

וזבחת פסח לה' אלהיך צאן THOU SHALT THEREFORE SACRIFICE THE PASSOVER UNTO THE LORD THY GOD OF SHEEP, as it is said of the Passover offering, (Exodus 12:5) “Ye shall take it from the sheep or from the goats”, — ובקר AND OXEN thou shalt slaughter as the חגיגה (the festival offering sacrificed on the fourteenth of Nisan in addition to the Passover offering); for if they have counted themselves (formed themselves) into too large a company for the Passover offering (so that one lamb will not suffice for them) they bring together with it a festival offering and this is eaten first, in order that it (the Passover sacrifice) can be eaten in satiety (i.e. after the appetite is satisfied; cf. Pesachim 69b, 70a). — And besides this our Rabbis derived many Halachic matters from this verse (cf. Sifrei Devarim 129; Berakhot 9a).

AND THOU SHALT SACRIFICE THE PASSOVER-OFFERING UNTO THE ETERNAL THY G-D THE FLOCK AND THE HERD. Its purport by way of the plain meaning of Scripture is similar to the expressions: the ox, the sheep, and the goats [which means: “the ox, ‘and’ the sheep … “]; Reuben, Simeon, Levi [which means: “Reuben, ‘and’ Simeon, ‘and’ Levi”], And here it means: “and thou shalt sacrifice the Passover-offering unto the Eternal thy G-d, ‘and’ the flock and the herd [thou shalt bring for the Festal-offering,” as will be explained]. Therefore, [because the flock and the herd are not used for the Passover-offering], he does not say “and thou shalt sacrifice the Passover-offering unto the Eternal thy G-d, ‘of’ the flock and ‘of’ the herd,” as He says in all places: ye shall bring your offering ‘of’ the cattle, ‘of’ the herd, or ‘of’ the flock; and if his offering be ‘of’ the flock; if he offer ‘of’ the herd. But here he commands concerning the Passover-offering, which is the sheep as He has previously mentioned; and sheep and herd, rams and goats and calves, to celebrate the Festal-offering on that day, just as he commanded concerning the Festivals of Weeks and Tabernacles, saying, And thou shalt keep the Festival of Weeks unto the Eternal thy G-d after the measure of the freewill offering of thy hand, meaning that he shall bring herd and sheep as peace-offerings in accordance with his means. So also he said with reference to Tabernacles, Seven days shalt thou keep a feast unto the Eternal thy G-d etc., and at the end he included all three [festivals] together. Similar to this [where the connecting letter vav — “and” is missing] is the verse: In the first month, in the fourteenth day of the month, ye shall have the Passover; a feast of seven days, unleavened bread shall be eaten, which means “‘and’ a feast of seven days.” We find this also in the Passover celebrated by King Josiah where it says, of the flock, lambs, and kids, all of them for the Passover-offerings … and three thousand bullocks, and afterwards it says, And they roasted the Passover [-offering] with fire according to the ordinance, and the holy offerings they boiled in pots, and in cauldrons, and in pans, and carried them quickly to all the children of the people. Thus Scripture explained there that the lambs and kids were all for the Passover-offerings, not the goats themselves [that were older than a year] nor the herd, as it is written, Your lamb shall be without blemish, a male of the first year; ye shall take it from the sheep or from the goats. And Scripture explains that the herd that he mentioned were three thousand, and they were holy offerings which were boiled in pots to be carried quickly to the people to eat their fill, as our Rabbis have received by tradition concerning the Festal-offering. And Onkelos connected here [in the verse before us] the word flock with the Passover-offering [for he translated as follows: “and thou shalt sacrifice the Passover-offering from the young lambs, and ...

"צֹאן — Flock" — required for the Passover offering. "וּבָקָר — And cattle" — for peace-offerings. The proof is [II Chronicles 35:7–8]: "cattle, three thousand" — stated after it has already attributed everything to Passover offerings [consisting of] sheep and goats; and similarly, "five thousand for Passover offerings and five hundred cattle." Note that [Scripture] mentions the Passover before the cattle, and likewise [mentions] "you and your household." Some say that in Egypt [God] specified a lamb or a goat, whereas now one may use cattle if one is able. But the first interpretation is the correct one.

ובקר, the cattle, of course, only as the festival offering, known as חגיגה. This was an offering that did not accompany the Passover on the original occasion in Egypt.

וזבחת פסח לה' אלו-היך צאן ובקר, “you will slaughter a Passover for the Lord your G’d, flocks and herd.” The word צאן, meaning sheep, refers to the mandatory Passover offering, whereas the word בקר, “cattle,” refers to the peace-offerings which every Israelite was to offer on the holiday. This was necessary so that the Passover offering could be eaten in a satiated state (compare Pesachim 70).

וזבחת פסח לה' אלוקיך, צאן ובקר, “you are to slaughter the Pessach offering for the Lord your G’d consisting of the flock and the cattle;” Nachmanides writes that from the plain text, as compared with 14,4, the meaning of such words as צאן, בקר is illustrated as respectively שור and שה, oxen and sheep. This would lead us to believe that Moses includes an ox or calf as a possible candidate for the Pessach offering. Seeing that elsewhere (Exodus 12,3-4) the Torah had restricted the animals fit to serve as the Pessach offering to being a male sheep or goat both below the age of I year, the term בקר, cattle used by Moses here must refer to the unspecified offering called חגיגה, festival offering, which may consist of any of the domestic mammals normally offered on the altar as a שלמים, peace-offering. Each individual will bring the type of animal he can afford to discharge the commandment not to appear before the Lord empty handed. (Verse 16) The fact that the formula used by Moses here, i.e. וזבחת פסח...צאן ובקר is similar though not identical with such formulas elsewhere where it says מן הצאן ומן הבקר תקריבו את קרבנכם, (Leviticus 1,2) makes it clear that what is discussed here is not the Paschal lamb but the accompanying chagigah offerings.

צאן ובקר, our sages explain this according to the plain meaning of the text, i.e. from the farmer’s flocks and herds, seeing that the voluntary vows, etc., which have to be presented on the altar have already been referred to in Numbers 29,39 as well as in Leviticus 23,38 as being due on these pilgrimage festivals.

You shall not eat anything leavened with it. For seven days you shall eat with it unleavened bread, the bread of affliction, for in haste you went out from the land of Egypt — so that you may remember the day of your going out from the land of Egypt all the days of your life.

לחם עני THE BREAD OF AFFLICTION — i.e. bread that calls to mind the affliction to which they were subjected in Egypt (Sifrei Devarim 130:5). כי בחפזון יצאת FOR THOU CAMEST FORTH [FROM THE LAND OF EGYPT] IN HASTE, and the dough therefore had no time to become leavened, and this (the eating of unleavened bread) shall be unto you as reminder of this. The haste, spoken of here, was not on thy part, but on Egypt’s part, for so it states, (Exodus 12:33) “And Egypt was urgent upon the people [hastening to send them out of the land]” (Sifrei Devarim 130:6; cf. Berakhot 9a). למען תזכר THAT THOU MAYEST REMEMBER through the eating of the Passover sacrifice and the unleavened bread, את יום צאתך THE DAY WHEN THOU CAMEST FORTH [OUT OF THE LAND OF EGYPT].

"You shall not eat leavened bread with it" — so that no leaven be found at the time of the slaughter of the Passover offering. "לֶחֶם עֹנִי — Bread of affliction" — as a memorial. "All the days of your life" — every year.

לא תאכל עליו חמץ שבעת ימים, even though in Egypt the prohibition of eating chametz was in effect for only one day, as our sages pointed out in Pessachim 96. תאכל עליו מצות, seeing it was an offering commemorating the redemption, something that took place in a short moment in time, it is not appropriate to eat chametz, something which by definition requires time in order to become leavened. (compare Hoseah 7,4, “from kneading the dough until it has been baked”). לחם עוני, bread which they ate while in a state of ענים, external pressure, not having time to wait until the dough had risen so that it became leavened. The taskmasters had always been rushing them, during their entire stay in Egypt as slave labourers. כי בחפזון יצאת, the reason why we have to remember this state of haste is because haste is a form of pressure. It was because you always had to rush while being slaves that the redemption when it came also came in the guise of extreme haste. Jeremiah 31,12 describes such an experience in the words והפכתי אבלם לששון, “I will turn their mourning into joy.” למען תזכור את יום צאתך מארץ מצרים כל ימי חייך, the reason why I have commanded to eternalize this manifestation of G’d’s direct guidance of your fate, השגחה, is so that the compensation of the shorter lunar year with the seasonal orbits of the solar year be effected through the addition of extra days or an extra month, so that this month will always occur partially after the equinox of spring. I did not legislate anything similar for the solar year as there is no need for it, and that would have little to do with the Exodus. There is no reason why the gentile nations should commemorate the Exodus of the Jews from Egypt. כל ימי חייך, every time the calendar is adjusted, be it to add a day or to add a month, you will be reminded of the reason for this being a reminder of the Exodus from Egypt.

לא תאכל עליו חמץ, “you must not eat any leavened products with it.” The word עליו here means the same as the word: עמו, “with it,” elsewhere. Other examples where the word עליו is used in the same sense as here are: Exodus 12,9: ראשו על כרעיו ועל קרבו, “its head with its legs, and with the inwards thereof.” Compare also Exodus 34,25: לא תשחוט על חמץ דם זבחי, “do not offer the blood of My sacrifice with leavened bread. “ שבעת ימים תאכל עליו מצות, “for seven consecutive days shall you eat unleavened bread with it.” In this verse we best translate the word: עליו as “on account of it.” Compare also Psalms 44,23: כי עליך הורגנו כל היום, “for on Your account we are being killed every day;” compare also Psalms 69,8: כי עליב נשאני חרפה, “for on Your account have I been reviled.” In other words: you are to eat unleavened bread on account of the Passover sacrifice which you offer as a memorial of the Exodus from Egypt. לחם עוני, “bread of affliction.” Poor people when given a small amount of flour, do not have a vessel at hand in order to make a proper dough. They also do not have enough time to spare to wait for the dough to rise before baking it. Therefore they throw the mixture of flour and water into the heated stove at once and retrieve is as soon as it is baked. כי בחפזון יצאת, “for when you departed from Egypt you were in a great hurry;” G-d could have waited until the Israelites had baked their dough by taking their time. However, He wanted them to have an eternal reminder of the haste in which their departure had taken place, and therefore He urged them to act with haste. למען תזכור את יום צאתך ממצרים, “all this in order that you will have a visible reminder of the day that you came out of Egypt.” Rabbi Eleazar ben Azaryah is quoted in the Haggadah shel Pessach as saying that although he feels as if seventy years old, he had not properly understood the meaning of the words: “in order that you may remember the day you came out of Egypt all the days of your lives,” until the sage ben Zoma had explained the word כל in this verse to mean: “the whole days of your lives,” i.e. not only the daylight hours but also during the nighttime.

לא תאכל עליו חמץ, “Do not eat any leavened matter with it.” This refers already to the time when the Passover sacrifice may be slaughtered, i.e. about midday. At that time one must no longer own anything leavened (Ibn Ezra).

No leaven shall be seen with you within all your borders for seven days, and none of the flesh that you slaughter in the evening of the first day shall remain until morning.

ולא ילין מן הבשר אשר תזבח בערב ביום הראשון לבקר NEITHER SHALL ANY OF THE FLESH, WHICH THOU HAST SACRIFIED THE FIRST DAY AT EVEN, REMAIN ALL NIGHT UNTIL THE MORNING — This is a prohibition addressed to one who might, in the case of the Passover sacrifice offered in later generations (i.e. after the first that was offered in Egypt), leave over night any of its flesh. And it was necessary to state this because so far it has been mentioned only with regard to that one Passover sacrifice that was offered in Egypt (פסח מצרים) (Exodus 22:10). — The “first day” spoken of here is the fourteenth day of Nisan (not the, fifteenth which is the first day of the Festival), just as you must explain that term in the passage (Exodus 22:15): “even the first day (ביום הראשון) ye shall put away leaven out of your houses” (cf. Rashi on that verse). — And because Scripture has digressed from the subject of the Passover Sacrifice with which this section begins and has begun to speak of the ordinances relating to the seven days of the festival, as, for instance, (v. 3) “seven days thou shalt eat unleavened bread therewith”, and (v. 4) “and there shall be no leaven seen with thee in all thy boundaries [seven days]”, it was compelled to specify with regard to which offering it states the prohibition of leaving the flesh over night. For if it had written only “neither shall any of the flesh which thou sacrificedst at even (not mentioning ביום הראשון) remain all night until the morning”, I might have thought that the peace offerings which are slaughtered during all the seven days all come under the prohibition of “and thou shalt not leave any of it until the morning” (Exodus 22:12), and may therefore be eaten one day and the following night only (which is not so); therefore it wrote “[neither shall any of the flesh, which thou sacrificedst] at even on the first day [remain all night]”. — Another explanation is that Scripture speaks here of the festival offering brought on the fourteenth of Nisan (חגיגת י״ד, not of the קרבן פסח) and that it teaches with reference to it that it may be eaten during two successive days and the intervening night (cf. however, Rashi on Exodus 7:14 and Note 2 thereon). As regards the first day” that is mentioned here — according to this explanation — Scripture is speaking of the first day of the festival (the fifteenth of Nisan), and what the verse implies is the following: None of the flesh of the festival offering which you slaughtered at even (i.e. towards eventide on the fourteenth of Nisan) shall remain on the first day of the festival until the morning of the second day of the festival (the sixteenth of Nisan), but it may be eaten on the fourteenth and the fifteenth (and the intervening night). So is it set forth in Treatise Pesachim 71b.

NEITHER SHALL ANY OF THE FLESH, WHICH ‘TIZBACH’ (THOU SACRIFICEST) THE FIRST DAY AT EVEN, REMAIN ALL NIGHT UNTIL THE MORNING. The meaning thereof is that you are not to leave overnight until morning any of the meat [i.e., the Passover-offering] with which you celebrated the festival on the evening of the first of the seven days mentioned. This [time of the celebration] was the night, as he stated, the Eternal thy G-d brought thee forth out of Egypt at night. [The word tizbach cannot mean “which thou slaughterest” or “sacrificest”] because he did not mention in this section the fourteenth day [of Nisan] and the slaughtering of the Passover-offering at all [which took place on the afternoon of the fourteenth]. Instead he mentioned the observance of the Passover at night, that is to say, the eating of the Passover-offering and the unleavened bread with it. The reason for [not mentioning the slaughter] is that the slaughtering of the Passover-offering and the burning of its sacrificial portion on the fourteenth day of Nisan are part of the commandment of the offerings, and these have already been mentioned in the law of the offerings; he did not repeat it here just as he did not restate the laws of the rest of the offerings. Neither did he mention here that [special] offerings are brought on the three festivals [because these relate to the laws of offerings], but he did mention to Israel [the laws] concerning the eating of the Passover-offering and the unleavened bread. So also, there ‘tizbach’ the Passover-offering at even, at the going down of the sun means: “there you shall observe the feast of the Passover-offering at night, at the going down of the sun, for it is to be ‘eaten’ at night.” And he stated by way of explanation, And thou shalt roast and eat it in the place which the Eternal thy G-d shall choose; and thou shalt turn in the morning, and go unto thy tents. I have already explained this in the section of This month shall be unto you the beginning of months. It is also possible that we explain [the verse before us], Neither shall any of the flesh, which ‘tizbach’ the first day at ‘erev’ remain until the morning as meaning: “of the flesh which you slaughtered at erev (the afternoon),” this being the afternoon preceding the morning [mentioned in the verse, i.e., the morning of the fifteenth day] which is thus the [afternoon of the] fourteenth day of Nisan. And he states, there ‘tizbach’ (thou shalt sacrifice) the Passover-offering ba’erev [on the afternoon of the fourteenth day], for at the going down of the sun, at the season thou comest forth out of Egypt — then thou shalt roast and eat it. He mentions just u’bishalta [which literally means “and thou shalt boil” or “seethe” — a cooking process forbidden on the Passover-offering], since He has already explained there that it be prepared roast with fire and not boiled at all in water. If so, the expression here u’bishalta means “and you shall cook it on fire according to the ordinance.”

"Which you slaughter in the evening" — this refers to the flesh of the Passover offering.

ולא יראה לך שאור בכל גבולך שבעת ימים, even though this was not a requirement on the original Passover in Egypt. ולא ילין מן הבשר, so that you should not think that leftovers of the Passover sacrifice were forbidden only on the original occasion, seeing that on that occasion the people were in such a state of haste, that the Torah did not want leftover sacred meat to be at the disposal of the Egyptians.

ולא ילין מן הבשר, “and no part of the meat of the Passover lamb is to remain uneaten until the morning of the 15th of the month.”If it were allowed to remain uneaten all night long, it would follow that this sacrifice is the only one for which no timelimit for eating it had been fixed by the Torah. Rashi comments that this limitation actually had been decreed only for the original Passover which had been consumed in Egypt. This seems difficult, as we have a verse in Exodus 34,24 as well as in Numbers 9,12 where this prohibition to leave part of the Passover until the following morning is spelled out clearly.

ולא ילין מן הבשר אשר תזבח בערב ביום הראשון לבוקר, “no flesh that you offer on the previous evening shall remain overnight until morning.” Nachmanides writes that the reference is to the offering presented on the first night of this seven-day holiday. Neither the calendar date of the first day of Passover nor the evening ushering it in, had been mentioned by Moses in this paragraph. Seeing that the consumption of the Paschal lamb and when and how it is to be eaten and consumed has been described repeatedly, Moses only repeats a ruling here that applies beyond the time of its being offered, namely not to allow it to become נותר, left over offering, something basically an affront to the sanctity of consecrated meat, and to G’d.

You are not permitted to slaughter the Passover offering in any one of your towns that Hashem your God gives you.

לא תוכל לזבוח את הפסח, even though in Egypt there was no need to slaughter the Passover either on an altar or in a Temple (precincts), this is not the way it is to be observed in the future.

לא תוכל לזבוח את הפסח באחד שעריך, “you must not slaughter the Passover in one of your gates;” this applies not only to the Passover but to all other sacrifices. The reason it has been repeated here is that seeing that the Torah had decreed that during the days of the Passover festival unleavened bread only must be eaten “in all your dwellings,” I might have concluded that seeing that at least on the first night when the Passover lamb is to be eaten at the same time as unleavened bread, someone might have erred believing that what applied to the eating of Matza would apply also to the Passover lamb. An alternate interpretation: even though the Torah had already warned concerning this, it saw fit to repeat the warning because seeing that this was a sacrifice permitted (commanded) to be eaten by all the commoners, it could also be slaughtered everywhere.

But only at the place that Hashem your God will choose to cause His Shechinah to dwell there shall you slaughter the Passover offering in the evening, at the going down of the sun, at the appointed time of your going out from Egypt.

בערב כבוא השמש מועד צאתך ממצרים [THERE THOU SHALT SACRIFICE THE PASSOVER] AT EVEN, AT THE GOING DOWN OF THE SUN, AT THE APPOINTED TIME THAT THOU CAME FORTH OUT OF EGYPT — But these are three different points of time! The explanation is: at evening, i.e. from the sixth hour (reckoning from six o’clock in the morning) and onwards you shall slaughter it (תזבח בערב); and when the sun goes down you shall eat it, and at the time when you left Egypt (in the early morning) you shall burn it — that is to say, if in the morning there is any flesh left, it becomes what is technically termed נותר and must be removed to the “place of burning” (not actually burnt, for this is not permissible on a festival) (Sifrei Devarim 133:1; cf. Berakhot 9a).

"In the evening, at the going down of the sun" — I have already explained this. "At the appointed time of your going out from Egypt" — this refers back to the Passover, for the appointed time of the month of spring is when they went out of Egypt; and it is not connected [syntactically] to "at the going down of the sun."

שם תזבח את הפסח, “there only, (in the place decreed by the Lord) you will slaughter the Passover.” Seeing that the Torah, in connection with the offerings of the firstling male animals which could be consumed only on the hallowed grounds of the Temple, and seeing that the rules of the second Passover (for people who through no fault of their own had been unable to slaughter it on the fourteenth day of Nissan, were also written in Numbers chapter 9, and there no mention was made of where such a substitute Passover was to be slaughtered, the Torah here makes sure that we cannot remain in any doubt about this. Not only the date, but also the location are of the essence. The Torah here did not bother to mention New Year’s or the Day of Atonement, as neither of these Holy Days involves assemblies in Jerusalem. בערב, “in the evening;” this may be understood literally, i.e. after noon, until nightfall. In the Jewish calendar, the evening commences “a half hour after noon.” Since the Israelites did not leave until the morning of the following day, our verse must speak about the afternoon and evening of the day before. The author admits that there is nowhere a definite proof that the evening starts that early, he cites support from verses in Jeremiah 6,4...

בערב, כבוא השמש מועד, “in the evening, as the sun sets, the appointed time;” the Torah here mentions three separate times: 1) “in the evening;” the Passover is to be slaughtered beginning with a period which can be termed “evening,” i.e. after noon. 2) “when the sun sets,” this is the time when you may eat it. 3) “at the time you left Egypt (dawn);” at this point any leftovers have to be burned (Berachot 9).

You shall cook and eat it in the place that Hashem your God will choose, and in the morning you shall turn and go to your towns.

ובשלת is identical with צלי אש “roast with fire” mentioned in Exodus 12:9, for it (roasting) also comes under the term בשול “cooking” (Mekhilta). ופנית בבקר AND THOU SHALT TURN IN THE MORNING [AND GO INTO THY TENTS] — i.e. in the morning of the second day of the Passover week. — It teaches us that he (the pilgrim) is required to stay in Jerusalem during the night when the festival terminates (Sifrei Devarim 134:2; Pesachim 95b; Chagigah 17).

"וּבִשַּׁלְתָּ — And you shall cook it" — I have explained that this means in fire, as [confirmed by II Chronicles 35:13]: "And they cooked the Passover in fire." [Scripture] mentions "and you shall cook it" to teach that one may not eat it raw. "And in the morning you shall turn and go" — Those who deny [the Oral tradition] say that he may go to his house and his land on the festival day [Yom Tov] itself. But we do not rely on our own reasoning in matters of commandments; rather, we rely on those who transmitted the Torah. We find [the verse]: "On the eighth day he sent the people away" (I Kings 8:66), which was a festival day. And another verse states: "On the twenty-third day of the seventh month he sent the people away" (II Chronicles 7:10). Some say the explanation is: "to their tents" [means] as it says, and [this occurred] on a weekday; but "to their land" [means] only afterward, on a weekday. And [the verse]: "And you shall go to your tents" — [this refers to] the surroundings of Jerusalem, and from there one travels to his land on a weekday.

ובשלת ואכלת, "you shall cook it and eat it, etc." In this instance the Torah uses the term "cook" although in Exodus 12,9 "boiling" or "cooking" the passover has been expressly prohibited. Perhaps the Torah here refers back to the peace offering which accompanies the passover which may also consist of cattle, not only of sheep (compare 16,2) Our sages in Pessachim 70 read the words צאן ובקר in that verse as meaning that the passover has to be from the category of animal called צאן, whereas the peace-offering may consist of בקר, cattle. I have elaborated on this subject in my volume פרי תואר on the Yoreh Deyah.

ובשלת, the true meaning of the word בשל is: “to make something ready and fit to eat.” The author cites Genesis 40,10, הבשילו אשכלותיה ענבים, “its grape clusters had become ripe,” or Exodus 23,19: גם, לא תבשל גדי בחלב אמו "do not boil the kid in the milk of its mother,” as support.

ובשלת ואכלת, “you are to boil it and eat it.” The word ובשלת in this connection means “to barbecue it on a spit over an open fire” as we know already from Exodus 12,8. The word בשל occurs in the sense of “ripening, becoming ready for its destiny,” already in Genesis 40,7 when the butler described his dream with the grapes. Similarly, the meaning of Chronicles II 35,13 ויבשלו את הפסח, does not mean that the people boiled the Passover in water, but that they made it ready for eating. ופנית בבוקר, “you may turn (homeward bound) in the morning.” The second morning is considered a regular day, not part of the festival and its restrictions. If you live close to Jerusalem you may return home on that day. From there you may go to any part of the country (Ibn Ezra verse 7). Our sages derive from this verse that the first night of the holiday must be spent inside Jerusalem (Sifri Re'ey 134). This is a display of respect for Jerusalem and the importance of the commandment of Passover. Our sages in the Sifri also derive from the words ופנית בבקר that departures from the Temple should always occur no earlier than in the mornings. The word לאהליך, “to your own tents, dwellings,” is a kind of justification for the departure of the pilgrim already on the second day of Passover. If his “tent” i.e. residence were at the farthest corner of Israel he would have to leave that soon in order to make the next pilgrimage to Jerusalem in time for Shavuot. This is the reason this legislation is written in connection with Passover, seeing that there is only a short interval between Passover and Shavuot. [The following is an illustration of the slow travel in those days. Ed.] The sages described the area of the land of Israel being 400 by 400 parssah. (400 times 4,45 km). The Temple is perceived as located at the center of this area (Tanchuma Kedoshim 10). It follows that the person living furthest from the Temple had to travel a distance of approx. 900 km in one direction to get to Jerusalem. Assuming that one can cover a distance of 10 parssah per day (based on Pessachim 94) he would have a total of 49 days minus 8 Sabbath days between Pessach and Shavuot leaving a maximum of 40 days for travel The person in question would require the entire interval for traveling home and back again to Jerusalem.

ובשלת ואכלת, “you are to roast it and eat it.” Actually, ובשלת means to prepare it so it is fit to be eaten; seeing that the Torah had forbidden for it to be boiled in water, etc., already in Exodus 12, Moses refers to the known manner of its preparation, i.e. roasting on the spit.

ובשלת, not in water but by roasting on a spit. (compare Rashi) ופנית בבקר, you do not need to remain in Jerusalem all the seven days of the Passover festival.

For six days you shall eat unleavened bread, and on the seventh day there is an assembly before Hashem your God; you shall do no work.

ששת ימים תאכל מצות SIX DAYS THOU SHALT EAT UNLEAVENED BREAD — But in another passage it states, (Exodus 12:15): “seven days [ye shall eat unleavened bread]’’! But the explanation is: seven days ye may eat Mazzoth prepared from the old produce and six days (out of the seven. i.e. the last six days, after the Omer has been offered and the new crop has become permitted as food) ye may eat Mazzoth prepared from the new crop (Sifrei Devarim 134:5). Another explanation is: It teaches regarding the eating of unleavened bread on the seventh day of Passover that it is not obligatory; and from here (from this law concerning the seventh day) you may derive the law for the other six days. For the seventh day was included in the general statement (“seven days, thou shalt eat unleavened bread’’), and in the text: “six days thou shall eat unleavened bread” it has left the general statement, to teach ... eating unleavened bread on it is not obligatory but optional. Now, according to the well-known rule, it did not leave the general statement in order to teach this regarding itself alone but regarding everything that is included in the general statement. Now how is it with the seventh day? It is optional as regards the eating of unleavened bread (as explained in the earlier portion of this comment)! This, too, according to the rule, applies also to everything that was included in the general statement, and therefore all the other days are also optional in this respect, with the exception, however, of the first night of Passover, for which Scripture has fixed it (the eating of unleavened bread) as an obligation, as it is said, (Exodus 22:18) “at evening ye shall eat unleavened bread” (Pesachim 120a; cf. also Rashi on Exodus 12:15). עצרת לה' אלהיך [AND ON THE SEVENTH DAY SHALL BE] A RESTRICTION IN HONOR OF THE LORD — i.e., restrict yourself from work (Chagigh 18a). — Another explanation is that עצרת denotes a gathering for eating and drinking (a banquet), like the expression used (Judges 13:15) “Let us detain (נעצרה) thee [that we may make ready a kid for thee]”.

Now he said, And on the seventh day [of Passover] shall be a solemn assembly to the Eternal thy G-d; thou shalt do no work therein. But he did not mention the prohibition of work on the first day [of Passover]; he likewise did not state such a prohibition for the Festival of Weeks, nor for Tabernacles, nor did he mention the commandment of the palm-branch [on the Festival of Tabernacles] and he likewise did not mention here the Day of Remembrance [i.e., the New Year] and the tenth of that month [i.e., the Day of Atonement] — the reason, as I have explained, is that now he came to mention only the [commandment to make an] appearance [in the Sanctuary] and the [commandment of] festivity, for all Israelites are obligated to make a pilgrimage on these three festivals to the place which G-d shall choose and celebrate there every man as he is able, according to the blessing of G-d which He hath given him, to rejoice before Him, to thank for all the good which He hath bestowed on us according to his compassions, and according to the multitude of His mercies. He [Moses] added, and on the seventh day shall be a solemn assembly meaning: Six days thou shalt eat unleavened bread and in addition to them is a solemn assembly on the seventh day, the purport being that they be further detained before Him to eat the unleavened bread. And because he said that [the seventh day] is Atzereth it might possibly mean that they be “restrained” only for the eating of the unleavened bread as on the [six] preceding days, therefore it was necessary to admonish [also in the same verse] that you are not to do work therein. Similarly He said with reference to the eighth day of the Festival of Tabernacles in the section on the festivals in the Book of Leviticus, Seven days ye shall bring an offering made by fire unto the Eternal; on the eighth day shall be a holy convocation unto you; and ye shall bring an offering made by fire unto the Eternal; it is a solemn assembly; ye shall do no manner of servile work, meaning that [the eighth day] is restrained in addition to the first [seven] days with respect to the bringing of a fire-offering, and it has a further prohibition against [doing therein any manner of] servile work, [a prohibition shared only by the first day of Tabernacles, but not by any of the intermediate days].And by way of the Truth, [the mystic teachings of the Cabala, the verse stating that the seventh day of Passover] Atzereth is “the congregation of Israel,” and the verse comes to teach us the secret of the day. But it is not like Atzereth of the eighth day of Tabernacles, for the eighth day is a separate festival and the offering brought then, is for the congregation of Israel, but it is unlike the offerings brought on the seven days [of the Tabernacles]. The seventh day of Passover, however, is part of the Festival [of Passover] and it is Atzereth, for, sometimes it is counted as the eighth and sometimes it is included [as part of the seven]. Thus it is like t...

"Six days" — the earlier authorities explained [the counting] from "when you put the sickle to the grain" (16:9). It is plausible that "on the seventh day" is connected to "six days," with [the break] separating one section from another, in order to warn: "You shall do no work" — and [Scripture] does not say "any manner of work" [כָּל מְלָאכָה]. The meaning is: all laborious work [כָּל מְלֶאכֶת עֲבֹדָה]. And wherever it says "any work," there it is written with the particle אַךְ ["however"]. Since [Scripture] mentioned the Passover — for which one is obligated to come to the place of [divine] honor — it also mentioned the second festival and then the third, but did not mention the Day of Trumpets [Rosh Hashanah] or the Day of Atonement, for the congregation does not assemble at the Temple.

וביום השביעי עצרת, on that day the Israelites are to be assembled together in communal worship of the Lord. They will sing the song sung by the Israelites after they had crossed the Sea of Reeds on dry ground. This is why this day has been given a special sanctity. ולא תעשה מלאכה, if not for that, the seventh day would not be recognisable as holy at all, just as the seventh day of Sukkot is not called a מקרא קודש, holy convocation.

ששת ימים תאכל מצות, “for six consecutive days you must eat unleavened bread;” this too is basically a repetition as the commandment to eat unleavened bread only during all the days of Passover has already been spelled out, so that this line adds only that whereas during six of these days the eating of bread is optional (unleavened bread only of course,) on the first day, when the Passover is being eaten to the accompaniment of the eating of matza, i.e. eating “bread,” is mandatory. The subject of the pilgrimage to Jerusalem for Passover therefore is to be understood as follows: you will go up to Jerusalem no later than so that you time your arrival to be not later than noon, and having gotten rid of any chametz, something leavened, you proceed to slaughter your Passover lamb, and prepare it for consumption in the evening, and in the meantime you have baked your matzot which does not take long. When you have performed all the rituals on that evening, you are free to leave Jerusalem in the morning, [if you live within the distance that travel is allowed on a festival. Ed.] During the remaining six days, when you feel the desire to eat bread, you may bake fresh matzot every day. וביום השביעי, “and on the seventh day;” this is the seventh day when you started counting from the night of the Seder. עצרת, “shall be a solemn an assembly;” on that day you will abstain from all the activities that you have abstained from during the preceding six days. [This translation of the word: עצרת is borrowed from the commentary of Rash’bam Ed.]

ששת ימים תאכל מצות, “for six days you shall eat unleavened bread.” How do we reconcile this verse with verse 3 earlier where the Torah commanded that in connection with the Passover we are to eat unleavened bread for seven days? Our sages in Pessachim 120 explained that the reason that the seventh day has been exempted from the general rule, meaning that eating unleavened bread on the seventh day of Pesach is not an obligation but is voluntary, derives from the fact that leavened bread is prohibited. The exemption is used as a model, teaching that just as it is not obligatory to eat unleavened bread on the seventh day, so what is written in our verse about eating unleavened bread during six days of the Passover holiday is also voluntary (though highly recommended). The only time the consumption of unleavened bread is obligatory is on the first evening when the Passover lamb is being consumed. This is why this legislation appears already in that connection in Exodus 12,18. וביום השביעי עצרת, “and on the seventh day is a concluding festival.” The reason the Torah chose the word עצרת to describe this day is that the people are perceived as “detained” by G’d for another day. They are all gathered in the various synagogues and houses of study (compare Ibn Ezra on Leviticus 23,36). The people are detained in the sense of being unable to perform their regular activities, i.e. due to the work prohibition.” Onkelos translates the word as כנישו, ”festive assembly.” We (author) have explained the deeper significance of the word (and the meaning of the day) under the heading: a kabbalistic approach on Numbers 29,38 [see translation there]. לא תעשה מלאכה, “you are not to perform work.” Whereas in connection with the Sabbath the work prohibition is described as “you must not do “any” work, the word “any” does not appear here. It could not have appeared seeing that on festivals preparation of food and work connected with it is permitted (Ibn Ezra).

וביום השביעי עצרת לה' אלוקיך לא תעשה מלאכה, “and on the seventh day you will observe an assembly for Hashem; on that day no work is to be performed.” Nachmanides draws to our attention that Moses here has not referred to the prohibition to carry out work on the first day of Passover, neither did he refer to the work prohibition on Shavuot or Sukkot, just as he did not refer to the commandment of the four species to be used on the Sukkot festival. The New Year holiday and the Day of Atonement are similarly omitted altogether in this chapter. The reason is that Moses’ main concern in this chapter is to emphasise the commandment to make the pilgrimages to the Temple on the three festivals on which they are mandatory. The reason why the work-prohibition on the seventh day of Passover is highlighted, is that on that day matzah does not have to be eaten, it is eaten voluntarily only because leavened bread is prohibited, a law that had as yet not been sufficiently defined. The wording וביום השביעי, וגו' is a hint that though we might have thought that by eating matazh for 6 days, as mentioned in our verse, that this concludes the Passover festival, it is not so, but the seventh day is special, including a work prohibition. We might have thought it is special only in that we continue to eat מצה, but the fact is that it is a full-scale festival, no work is to be performed. It is distinguished as such by the presentation of another fire offering of a communal character in honour of the day. [It is, of course, the anniversary of the splitting of the Sea of Reeds, and the drowning of the Egyptian army in its waves and, being so, concludes the celebration of the Exodus. Ed.]

You shall count seven weeks for yourself; from when the sickle begins to cut in the harvest of the omer of the wave-offering, you shall begin to count seven weeks.

מהחל חרמש בקמה [BEGIN TO NUMBER SEVEN WEEKS] FROM THE TIME THOU BEGINNEST TO PUT THE SICKLE TO THE CORN — i.e. from when the “Omer” has been cut (from the sixteenth of Nisan) which is the first produce to be harvested (Leviticus 23:10) (cf. Sifrei Devarim 136:2-3; Menachot 71a).

FROM THE TIME THE SICKLE IS FIRST PUT TO THE STANDING CORN. The meaning thereof is “from the time you begin to put the sickle to the standing corn,” seeing that He has already mentioned when we are to begin to raise the sickle upon the standing corn in bringing the omer [a measure of the new barley brought as a meal-offering on the second day of Passover] which is the first-fruit of our harvest. and the Midrash [of this verse] is: “It teaches that the omer be reaped only with a sickle.”

מהחל חרמש בקמה, in the standing barley, which is to serve as the Omer offering. We know already from Exodus 9,31 that the barley crop ripens in spring (in the latitudes which include Egypt and the Land of Israel. Ed]. Seven weeks elapse between the beginning of the barley harvest and that of the wheat harvest. Hence you are to count these seven weeks.

תחל לספר שבעה שבעות, "you shall commence to count seven weeks." Why did the Torah repeat the need to count seven weeks? Perhaps the Torah meant that in the event that on the date in question the wheat had not yet advanced in growth to the stage when one could cut it with a sickle, and you may use left over wheat from last year's crop to present the new loaves (based on the word ממשבותיכם in Leviticus 23,17 (compare Menachot 83), you must still commence to count the seven weeks starting on the second day of Passover. This is how I have to explain the repetition according to the many authorities who hold that nowadays when we do not have the Temple the whole legislation is only a rabbinic decree. According to those who hold that the decree is biblical also in our times, the basis for such a ruling is the repetition of the words "seven weeks."

שבעה שבעות, “seven weeks;” the reason why this verse too is a kind of repetition, i.e. we had already heard that unleavened bread was to be eaten during the festival of Passover, after which seven weeks were to be counted, etc. in Leviticus 23,14-22, is that there is a new element here, i.e. that the count is to begin when the first offering of the new barley harvest, the omer, is offered to G-d in the Temple. The validity of this law as a Biblical law is related to the Jewish people living on their own land at that time. (Compare verse 11)

שבעה שבועות תספר לך, “you are to count for yourself seven weeks.” The Torah here lists the three pilgrimage festivals in their consecutive order, Pesach, Shavuot, Sukkot. The holidays of New Year and Day of Atonement are not mentioned here as on those days the people did not assemble in the Temple. This is also why nowadays in our Mussaph prayers on those days we do not include the line: “we are unable to make the pilgrimage to the House of our Chosenness there to be seen, etc.” The reason the Torah wrote: “count for yourself” in the singular, whereas in Leviticus 23,16 the same directive is written in the plural, תספרו חמישים יום, is simply that the Torah often alternates between the singular and the plural. We find this especially if originally the law was addressed to the multitude, in the plural. The idea is that an individual should not have an excuse to say that as long as the community has fulfilled the commandment in question that he is covered by this seeing he is part of the community. He might reason that he would escape punishment for non-performance. The Torah therefore repeats the commandment using the singular to disabuse such an individual of the idea that he could use the community as his shield. Another prominent example of this is found in Numbers 15,38 in connection with the law of tzitzit where the Torah wrote “they shall make as part of the fringes a tassle of blue wool;” subsequently in Deut. 22,12 the law appears as addressed to the individual, i.e. גדילים תעשה לך על ארבע כנפות כסותך, “make fringes for yourself on the four corners of your garment.” We find these switches from plural to singular and vice versa even within the same verse describing a single commandment. Leviticus 19,9 is one of numerous such examples. There is another reason why the Torah switches from plural to singular. If the Torah would write the commandment only in the plural I might conclude that the commandment was addressed exclusively to the court. This is why the commandment also had to be formulated as addressed to individuals. We have an example of this in the commandment of using the four species of plants on the first day of Sukkot. The Torah writes in Leviticus 23,40 (using the plural) “take for yourselves on the first day, the fruit of the tree called Hadar,” etc., etc. Nowhere is mention made of this commandment in connection with an individual. I would have interpreted this commandment as subject to performance only by members of the Sanhedrin were it not for the fact that the Torah adds: “you shall be joyful in the presence of the Lord your G’d” (Deut. 16,12). Clearly, the commandment to be joyful cannot be meant for the members of the Sanhedrin only but must be meant for each and every individual Israelite. Moreover that part of the commandment has also been formulated in the singular in 16,14. If other commandments had been formulated only in the plural we would indeed have understood that they apply only collectively, to the Bet Din in its capacity as representatives of the people. Concerning the commandment to count from Pessach to Shavuot, our sages in Chagigah 17 said that the fact that the Torah speaks both of counting days and of counting weeks means that there are actually two commandments (according to some authorities). Some hold (“Sefer HaMaor” end of Pessachim) that the “week” needs to be mentioned only after the previous week has been completed whereas others hold that as soon as the first week has been completed mention of the week is mandatory every evening, side by side with mention of the day of the count. The “weeks” are understood as an allusion to the seventh millennium and this is why it must be mentioned every evening (Ibn Ezra). [Bet Yosseph on Tur 489 brings an opinion quoted by Avi Haezri that only the weeks have to be counted. (mentioned in Rabbi Chavell’s glossary)] מהחל חרמש בקמה תחל לספור, “you are to start counting from the time the sickle will begin cutting the standing crop.” This teaches that cutting the barley and beginning the count of the seven weeks is to occur simultaneously. Our sages (Sifri Re-ey 136) add that I might have thought that whereas the cutting and the counting have to occur simultaneously, offering of the “Omer” could take place whenever one wanted; to ensure that we would not understand the commandment in this way the Torah added מיום הביאכם, (Leviticus 23,15) that the day we start counting is to coincide with the day the offering is presented on the altar. The meaning of the words מיום הביאכם could also be that reaping, counting and presenting on the altar should all take place simultaneously, and this is why the Torah does not write ביום, “on the day,” but מיום, “from the day.” The cutting and counting are to take place at night, whereas presentation of the offering on the altar takes place by day. The Torah wrote that “they shall be seven complete weeks” (Leviticus 23,15). They can only be complete if you start counting in the evening. Our sages also explain that the word בקמה, “in the standing corn,” may be read as בקומה, ‘that the counting of the days and weeks has to be performed while one is standing. [Presumably the word בקמה was considered redundant otherwise as one always cuts standing corn, not “lying” corn. Ed.] There are a total of four commandments which have to be performed while standing: עומר, ציצית, מילה, לולב. [The common denominator of these four commandments is the unnecessary word לכם. Seeing that we derive “standing” from the commandment of עומר, the Rabbis applied that rule to other commandments featuring that word לכם.]

מהחל חרמש בקמה, “when the sickle is first out to the standing grain.” The precise date when this occurs has already been spelled out in Leviticus 23,15 as being the 16th of Nissan.

מהחל חרמש, as per Onkelos, for the Omer is known as the beginning of the harvest season. (Leviticus 23,10)

Then you shall observe the Festival of Weeks before Hashem your God with a sufficient freewill offering of your hand, which you shall give according to how much Hashem your God blesses you.

מסת נדבת ידך means sufficient (די) free-will offerings of thy hand (i.e. of thy possession) (cf. Targum on Deuteronomy 15:8, which renders די מחסרו by כמסת חסרונה); everything must be in accordance with the blessing which God has bestowed upon you (אשר יברכך): offer peace-offerings of rejoicing and invite guests for the meal.

"מִסַּת — Missat" — the samech is dageshd to absorb the nun, and the word derives from the root נס, in the sense of raising the hand [i.e., a voluntary contribution]. "A freewill gift of your hand" — for the burnt-offering and peace-offerings.

ועשית חג שבועות, “you will keep the festival of weeks;” the author refers to his commentary on the significance of this festival in Leviticus chapter 23, where he explained why the Torah did not give us a date for when this festival is to be observed, as opposed to all the other festivals where the month and days they are to be observed have been spelled out.

מסת נדבת ידך אשר תתן כאשר יברכך ה' אלו-היך, “offering your voluntary contribution commensurate with your individual generosity and the blessing the Lord your G’d bestows on you.” The word מסת means במסת, “according to.” The meaning of the phrase is that “your voluntary offerings shall correspond to your personal generosity combined with the blessing the Lord has given you.” This is why the word תתן, “you shall give,” was placed between the words מסת נדבת ידך and the words כאשר יברכך — according to your wealth and generosity you should bring Shelamim offerings and invite people to share in the meat. These directives are not exclusive to the festival of Shavuot, but apply equally to all the other festivals. The reason that the Torah wrote this instruction here in connection with Shavuot may be that seeing Pesach is a festival which lasts 7 days and Sukkot also lasts seven days whereas Shavuot is only one day, I might have thought that it does not rate the same stringent laws as do the other festivals. The Torah therefore told us that our obligations regarding voluntary offerings on Shavuot are no less than on the other festivals. The people whom we described as the ones to be invited to share your meals, especially the sacrificial meats of the שלמי חגיגה, the peace-offerings in honor of the festival, are: the Levite, the proselyte, the widow and the orphan. When the Torah speaks about the גר, the “stranger,” it refers to a stranger who converted to Judaism. Just as the Levite is a בן ברית, the convert is no less a בן ברית, member of the eternal covenant between the Jewish people and G’d. Our sages said: G’d said: “four belong to Me parallel to four who are yours. The four who are Mine are the Levite, the proselyte, the widow and the orphan; the four who are yours are your son, your daughter, your servant, and your servant maid. If you ensure that those who are Mine can enjoy the festival, I in turn will make sure that those who are yours will enjoy the festival.” This is the meaning of the verse (11) “you shall enjoy the festival in the presence of the Lord your G’d; you, your son, your daughter, your servant and your maid servant, and the Levite in your gates, and the proselyte and the orphan and the widow who is among you, etc.”

מסת, sufficient and commensurate נדבת ידך, according to the economic blessing you have received from G’d.

And you shall rejoice before Hashem your God — you and your son and your daughter and your male servant and your female servant, and the Levite who is in your towns, and the proselyte and the orphan and the widow who are among you — at the place that Hashem your God will choose to cause His Shechinah to dwell there.

לוי גר יתום ואלמנה THE LEVITE THE STRANGER, THE FATHERLESS, THE WIDOW — these four are Mine, corresponding to four that are yours, viz., בנך ובתך ועבדך ואמתך THY SON, THY DAUGHTER, THY MAN-SERVANT AND THY MAID-SERVANT; if you gladden Mine, I will gladden yours (Midrash Tanchuma, Re'eh 18).

He mentions here [that you are to rejoice] in the place which the Eternal thy G-d shall choose to cause His Name to dwell there, and likewise he said, Three times in a year shall all thy males appear before the Eternal thy G-d in the place which He shall choose. Now, I do not know whether this is to state that after the Sanctuary will be built we should not assemble to bring the festival-offerings except in that place which G-d has chosen, similar to what he said, Thou mayest not sacrifice the Passover-offering within any of thy gates, or that he is explaining here that they are not obligated to go up in pilgrimage on the festivals until such time as G-d will have chosen the place to dwell there.

והגר והיתום והאלמנה, they shall rejoice on the festival of cutting (the wheat). Their rejoicing will take the form of their collecting the portions of this harvest set aside for them by the Torah, i.e. the פאה, corner of the field with standing grain; the gleanings, what the farmer had overlooked, etc. These have been enumerated in connection with the festival in Leviticus 23,22.

במקום אשר יבחר ה' אלוקיך לשכן שמו שם, “in the place that the Lord your G’d will choose to rest His name there.” Nachmanides explains that the message of our verse is that once the Temple will be erected, the communal sacrifices on the festivals will not again be presented in any other location. This has already been hinted at once before in verse 5 where the Torah (Moses) stated that once in the Holy Land, the Israelites would not be allowed to sacrifice the Paschal lamb (an individual offering) in any of the towns that they dwelled in. It is also possible that the meaning of our verse is that the previously legislated pilgrimages on these festivals will not become applicable until the permanent Temple has been built in that location.

And you shall remember that you were a slave in Egypt, and you shall observe and carry out these statutes.

וזכרת כי עבד היית וגו׳ AND THOU SHALT REMEMBER THAT THOU WAST A SERVANT [IN EGYPT] — Only on this condition did I deliver you from Egypt: that you keep and do these statutes.

AND THOU SHALT REMEMBER THAT THOU WAST A BONDMAN IN EGYPT. Rabbi Abraham [ibn Ezra] said that this phrase is connected with the expression and thy manservant, and thy maidservant [mentioned in the first part of the preceding verse]. The correct interpretation is according to the plain meaning thereof, that you are to observe these statutes which the Lord Who redeemed thee out of the house of bondage commanded you. We also proclaim in the Kiddush of that [festival] day, “It is a memorial of the exodus from Egypt.” He stated these statutes with reference to the Festival of Weeks [an expression not used with reference to the other festivals] because the reason for the counting of seven weeks, and the observing of only the fiftieth day as the only solemn assembly is not mentioned in the Torah [and hence they are accounted as chukim — “statutes,” commandments for which we do not know the reasons, and therefore he warned us to observe and do these statutes]. I have already mentioned their secret. Shoftim

"And you shall remember that you were a slave" — this is connected to [the preceding mention of] "your manservant and your maidservant."

וזכרת כי עבד היית, where you did not own any money of your own, seeing that whatever is in the hands of a slave is owned by his master. (Pessachim 88) ושמרת ועשית את החקים האלה, by leaving behind gleanings, the peyah, etc., as a goodwill gesture for your G’d Who has taken you out from there and given you wealth and landed property.

וזכרת כי עבד היית במצרים, “you are to remember that you used to be a slave in Egypt.” It is noteworthy that this festival, as opposed to Passover, New Year’s Day fasting on the day of Atonement, and Sukkot, is not accompanied by specific rituals which are to serve as such reminders. This is why it was necessary for the Torah here to tell us that we must remember the significance of this day without visible reminders of its significance. כי עבד היית במצרים; “the Torah reminds you that your preoccupation with bringing in the wheat harvest at this time is not to be considered as more important than a pilgrimage to Jerusalem, for if the Lord had not taken you out of bondage in Egypt you would not have a crop to harvest. While you had been in Egypt you did not have an opportunity to rest and enjoy a festival, so doing once you have taken up residence in your own country is by itself a fitting reminder of how your status has changed.

ושמרת ועשית את כל החוקים האלה, “You shall observe and perform all these decrees.” Nachmanides says that the reason why Moses applied the term חוקה, decree, to these festivals, is because the Torah did not offer a rationale for the observance of the festival of Shavuot, and it did not offer a rationale why this festival is to be observed 50 days after the offering of the Paschal lamb. Some commentators answer the question simply by saying that seeing this is the anniversary of the giving of the Torah, and its observance does not depend on G’d offering His reasons for the legislation, it deserves to be described as a חוקה, legislation by decree.

The Festival of Booths you shall observe for yourself for seven days, when you gather in from your threshing floor and from your winepress.

באספך [THOU SHALT KEEP THE FESTIVAL OF TABERNACLES …] AFTER THAT THOU HAST GATHERED IN THE PRODUCE — i.e. at the usual harvest time, when thou bringest into the house the summer fruits. Another explanation is: באספך מגרנך ומיקבך teaches that one should cover the Succah only with the פסולת (lit., the chips, — that which falls off) of the barn and the wine-press [i.e. with vegetable matter] (Rosh Hashanah 13a; Sukkah 12a).

"When you gather in from your threshing floor and from your winepress" — that is why it is called the Festival of the Ingathering [חַג הָאָסִיף].

ומיקבך ,when you gather in the harvest into your houses and your barns from the grain presses and wine presses.

חג הסוכות, “the festival of huts;” this has also been repeated on account of the words: “in the place that the Lord will choose, i.e. Jerusalem.” (verse 15) באספך מגרנך, “when you have gathered in from your threshing grounds;” into your house; ומיקבך, “and from your winepress,” into the storage vats.”

באספך מגרנך ומיקבך, I have already explained the connection between the word באספך and חג האסיף etc., in my commentary on Leviticus 23,43.

The Feast of Tabernacles you shall make to you seven days, when you will have completed to gather in the corn from your threshing floors, and the wine from your presses.

And you shall rejoice in your festival — you and your son and your daughter and your male servant and your female servant, and the Levite and the proselyte and the orphan and the widow who are in your towns.

והגר והיתום והאלמנה, they will rejoice over finding the various gleanings of the tree fruit harvested at that period.

ושמחת בחגך, “you shall rejoice on your festival;” “rejoicing” has been mentioned already in connection with the festival of weeks (verse 11); The reason why it was mentioned there is that it is the period of harvesting a major part of the grain harvest. (Isaiah 9,2.) At the time of Sukkot, such joy is increased greatly as everything that the fields and orchards produce is now being gathered in. Joy is not mentioned in connection with Passover as the season of ingathering produce has not yet started. Furthermore” we have been taught in the Mishnah Rosh hashanah 16,1 that one of the four days on which the world is being judged concerning the produce for the coming year is Passover. In other words, the fate of the harvest still hangs in the balance, and it would be premature to rejoice therefore.

ושמחת בחגך, “you shall be joyous on your festival.” Our sages in Moed Katan 8 state that from the words “be joyous on your festival” one can infer that one should not get married on the intermediate days of the festival, as that would be mixing two kinds of joy together, something not appropriate. The Torah mentions here that the joy it has in mind is the joy with G’d’s blessing, for it adds: “for the Lord your G’d has blessed you with all your harvest,” etc. You will observe that the expression שמחה does not occur in connection with the Pessach festival. Neither is mention made of the word ברכה, blessing, in connection with that festival. The reason is that on the other two festivals different parts of the harvest are already at hand, i.e. G’d’s blessing has become manifest, something not yet apparent on Pessach. Seeing that on the other festivals the harvest is in the home it is possible to share it with the four categories of people mentioned in the Torah. This adds to the joy of the festival. On Pessach, not only has the new harvest not yet been brought in but the old harvest is just about depleted. It is therefore difficult to provide joy for the people with whom the Torah wants us to share our joy. By not demanding joy from us on Pessach, the Torah displayed a deep psychological insight into the minds of most of us, who, even though we might share with the Levite, etc. even at that time, would not do so joyously. Another reason why joy has not been mentioned by the Torah in connection with Pessach though it does appear in connection with Shavuot, and on Sukkot the Torah mentions joy no fewer than three times, is in line with the statement in Rosh Hashanah 16 that the world is judged on four occasions during the year, On Pessach G’d decides if the harvest (grain) will be bountiful; on Shavuot G’d decides if the harvest of the orchards will be bountiful; on Sukkot G’d decides on the water supply for the coming year, whereas on Rosh Hashanah G’d judges the fates of every individual for the forthcoming year. Seeing that Pessach is not only a day of judgment, but we do not know yet how this judgment will manifest itself seeing the year is still ahead, it is not yet time for rejoicing (Pessikta d'Rav Kahane 29). By the time Shavuot occurs it has already become clear that the barley and wheat have matured, etc. There is therefore ample reason for joy. By the time Sukkot comes around the other three judgments have also been seen to have been favourable; therefore the Torah mentions joy three times in connection with that festival. A kabbalistic approach: The three festivals listed here in their proper sequence correspond to the three patriarchs who represented the three attributes of חסד, דין, רחמים, “loving kindness” (undeserved), “Justice,” “Mercy” (allowance being made for man’s inadequacy). Pessach symbolises that on the one hand G’d practiced judgments on the Egyptians when He killed their firstborn, whereas at the same time He extended kindness to us by “passing over” the houses of the Jewish people. [Remember that G’d did not entrust this task to an angel, as angels do not have the latitude to extend this kind of kindness when it is not warranted by some merits. Ed.] Onkelos translates the word ופסח, which we normally translate as “he passed over,” (Exodus 12,23) as ויחוס, “He displayed loving kindness.” This is also reflected in Psalms 136,10: “Who struck Egypt through their first-born, His steadfast love is eternal.” Whereas this plague was judgment meted out to the Egyptians, it was a great act of kindness for the Israelite firstborn. Shavuot corresponds to the attribute of Mercy, an attribute which usually reconciles the opposing demands of the attributes of Chessed and Justice respectively. This is why the sages in Berachot 58 consider the term והתפארת in Chronicles I 29,11 as referring to the giving of the Torah. The Torah was given under the exclusive aegis of the tetragram. Sukkot on the other hand, corresponds to the attribute of Justice. The very word סוכה is interpreted in Megillah 14 as “Holy Spirit” [Avraham was told by G’d to submit to the dictates of Sarah known already as יסכה when introduced in Genesis 11,29. She was covered like a סוכה with Holy Spirit.] When David writes in Psalms 68,18: “the Lord is among them (the myriads of chariots) at Sinai in holiness,” he referred to the difference between סיני בקדש and בקדש סיני respectively. Had the Torah written the latter formulation I would have thought that a place was assigned to the Lord. As it is, it is the reverse. He determines “place,” no one determines a place for Him. He is the “place” of the universe. Even the (whole) universe is not “His place.” The meaning of מקום עולמו is similar to בית עולמו. We find that בית is an allusion to חכמה already in the very first letter ב in the Torah, at the beginning of the Torah. Just as חכמה is known as בית, so סוכה is known as בית (compare Genesis 33,17); in other words סוכה symbolizes חכמה. Solomon reinforces this concept in Proverbs 24,3: “a house is built by wisdom.” The symbolism is extended by our author to include the three walls which the סוכה has to have and which are symbolized by the shape of the letter ב which is closed on three sides. [Although the author sees the festival Sukkot as representing the attribute of Justice, presumably because it follows the activity of that attribute during the early part of the month of Tishrey, he goes out of his way to equate the procedures of building a Sukkah with the emanation חכמה which is only one rung below the highest emanation כתר, and several rungs above that of דין, Justice. Observance of the commandments then signifies that we have successfully contended with that attribute with the conclusion of Yom Kippur. Ed.].

For seven days you shall celebrate before Hashem your God in the place that Hashem will choose, for Hashem your God will bless you in all your produce and in all the work of your hands, and you shall be altogether joyful.

והיית אך שמח ONLY BE REJOICED — According to its plain sense this is not the expression of a command but expresses an assurance: “thou will be rejoicing”. But according to the Halachic interpretation they (the Rabbis) derived from here that the night before the last day of the festival (that preceding the eighth day) is to be included in the obligation of rejoicing (Sukkah 48a; cf. Sifrei Devarim 142:4).

"תָּחֹג — You shall celebrate" — you shall offer the festival-sacrifice. The sense [may refer] to the community, or it may mean that each individual shall offer burnt-offerings and peace-offerings. The proof is: "for He will bless you" — meaning you shall do this because Hashem has blessed you. [Scripture] adds "in all your produce" to clarify that this refers to the blessing of the produce that the land has yielded. "The work of your hands" — in trade and craftsmanship. "וְהָיִיתָ אַךְ שָׂמֵחַ — And you shall be only joyful" — it is a commandment to rejoice on the Festival of Sukkot. Some say "for He will bless you" refers to the future — you will always be joyful. The meaning of "only" [אַךְ] is that you shall be in no other state but this [i.e., only joy].

כי יברכך, so that you will have a great deal of gathering in to do, and as a result, the poor will also find much to collect. והיית אך שמח, you will be completely joyful; no sadness will intrude on your happy frame of mind.

שבעת ימים תחוג, “you are to celebrate for seven days;” seeing that in the days before Passover you have been very preoccupied with its preparations, as well as the harvesting of the barley crop, and in the days preceding Pentecost you have been preoccupied with harvesting the wheat crop, I bothered you with an interruption of only one day. By the time Sukkot arrives, your harvests have all been brought safely under a roof so that you did not have much to distract you, you can afford to enjoy this festival for seven days without having concerns of a secular nature. An alternate interpretation: you have already gathered a lot in your house in preparation for the journey, including the Second Tithe which must be consumed in Jerusalem. It will take you seven days to consume all this, as opposed to Passover and Shavuot when you do not bring so much with you to Jerusalem. Still another interpretation: Seeing that the mussaph offerings are different each day, this festival is actually like seven festivals of one day each. This is why this festival is different from the seven days known as חג המצות, “the festival of unleavened breads.” שבעת ימים תחוג, “you shall celebrate for seven days; but the eighth day is a special day, the final day; it does not need to be spelled out here. It is as if with the conclusion of the seventh day the eighth day commences automatically. [Our author mentions this as in Leviticus chapter 23 the eighth day has been given special mention as if it were part of the first seven days. Ed.] The fact is that that day has not been mentioned either in connection with the pilgrimage festivals in Exodus chapter 23 or in Exodus chapter 34. [The simplest reason is that the people observing that day have already been in Jerusalem for seven days and do not have to travel there now again. Ed.] On every occasion when the mussaph offerings are mentioned, the eighth day is mentioned also, as it has a different offering, (as in Leviticus 23,36. and Numbers 29,35.) והיית אך שמח, “and you shall be altogether joyful.” According to Rashi, we learn from this formulation that also the night of the eighth day is included in the time for active enjoyment. In other words, although days begin at nightfall, in this instance the last day is perceived as an extension of the seven previous days. On the other hand, the period of such joyfulness is not part of the evening of the first day as it has not been preceded by an especially joyful day. This has been spelled out in the Talmud. The plain meaning of the text, however, is that seeing that by now all the produce produced by the fields and the orchards have been harvested and put into storage your joy is complete. This is also why in connection with Passover, when none of this is the case, the Torah permits the pilgrims to return home on the day following the first day of the festival, i.e. the 16th day of Nissan. This is in spite of the fact that the duration of that festival is seven days.

והיית אך שמח, “you shall be completely joyous.” Seeing the Torah had already written: “you shall rejoice on your festival,” why did it have to add the above words? It means that the joy shall extend throughout the whole seven days of the Sukkot festival. The numerical value of the letters in the word אך is 21; you are to maintain this level of joy until the 21st of the month of Tishrei, inclusive. An alternative meaning alluded to by the word אך which is always diminutive, restrictive, may be that joy in this world is never complete joy. Even while rejoicing on the festival we must remain conscious of the limitations of this terrestrial universe. The reminder is especially timely seeing that starting with Pessach followed by Shavuot we experience increasing amounts of joy seeing more and more of the life-sustaining harvest is secured, we might delude ourselves of reaching a state of serenity, living a life without challenges. The wording of the verse is designed to teach us to temper our joy in this imperfect world, the life our sages call חיי שעה, “a life of only hours.” Even while preoccupied with the fulfillment of the command-ments which ought to be fulfilled in a spirit of joy, we must never exclude the emotion of trembling that we are in the presence of our Creator. This is how our sages in Berachot 30 understood the call of Psalms 2,11: “serve the Lord in awe, tremble with fright.” The very word גילה, a form of joy, mentioned in that verse, embodies also a feeling of “fright.” The reason for all these negative sounding emotions is the fact that this world is inhabited also by the evil urge who constantly lies in wait for us. He is so consumed with seducing us by painting a picture of “joy” (joyous abandon) that we must be on our guard that what commences as the joy of performing מצות does not degenerate into something totally secular. True joy is reserved for the world of the future. This is what Isaiah 29,19 had in mind when he wrote: “then the humble shall have increasing joy through the Lord, and the neediest of men shall exult in the Holy One of Israel.”

שבעת ימים תחוג לה' אלוקיך, For seven consecutive days you shall celebrate to the Lord, your G’d;” this imperative is directed at the entire community, or Moses exhorts every individual to offer up his burnt offerings and his peace offerings. כי יברכך ה' אלוקיך, “for the Lord your G’d has bestowed blessings on you;” the seven days of jubilation are in respect of all the blessings Hashem has bestowed upon you. Some commentators hold that the blessings referred to are in the future [just as the word יברכך is in the future tense Ed.] At that time, instead of rejoicing for only seven days, your life will be one of ongoing joy. It is noteworthy that the expression שמחה does not appear in conjunction with the holiday of Passover, seeing that the stalks of the crop are still in the ground and it is premature to rejoice in a harvest that has not yet been brought in. By Shavuot, when part of the crops of the field and orchards have been reaped, but have not yet been stored, the rejoicing is for one day only. By the time Sukkot has rolled around it is time to rejoice in thanksgiving for a full week. The Torah therefore, repeats the word שמחה, joy, in that connection ובכל מעשה ידיך, “and in all your handiwork.”.

והיית אך שמח, “you shall have nothing but joy.” When discussing the festival of Sukkot, the Torah uses the expression שמחה, “joy,” three separate times, twice here and once in Leviticus 23,40. The word שמחה occurs only once in connection with the festival of Sh’vuot, and not at all in connection with the festival of Passover. Seeing that at Passover time no part of the harvest had been collected yet the time had not come to rejoice over the harvest. By the time of Sh’vuot the barley and wheat harvest had been collected, so that there was partial rejoicing. Sukkot signaled the end of the harvesting season, so that at that time the farmer’s heart was full of joy. This is reflected in the Torah using the word “joy” three times in connection with that festival.

Three times a year all your males shall appear before Hashem your God in the place that He will choose: on the Festival of Unleavened Bread, and on the Festival of Weeks, and on the Festival of Booths — and they shall not appear before Hashem empty-handed.

ולא יראה את פני ה׳ ריקם AND THEY SHALL NOT APPEAR BEFORE THE LORD EMPTY, but — bring the burnt offerings that are obligatory when one appears before the Lord, and the peace offerings of the festival.

"And he shall not appear [empty]" — this is [the content of] "missat nidvat yadecha" [your freewill gift of your hand, v. 10]. "Before Hashem" — I have already explained this.

שלש פעמים בשנה, “three times annually;” why did this have to be repeated? In order that you should not say that seeing that when the Torah writes about the festival of Shavuot in verse 11: “you shall rejoice in the presence of the Lord your G-d, you, your son and your daughter, your male servant as well as your female servant;” whereas on the Passover festival when no mention has been made of joy, the father need not take along his family, and the Torah had spoken of “all your males,” the sons have to be taken along on each of these festivals. A different interpretation: the instruction had to be repeated as we might have thought that the commandment not to appear before G-d emptyhanded which is written only here and in connection with Passover, also applies on the third pilgrimage festival. כל זכורך, “all of your males;” the law applies to all those who are able to make the journey with your males, i.e. not including people whose vocation is such that their very presence is so offensive due to the way they smell, for instance, that they would not be allowed to present themselves before a temporal king either, far less before the King of Kings. The details of these restrictions have been spelled out in the Talmud, tractate Chagigah 4,1. בחג המצות ובחג השבועות, on the festival of unleavened breads and the festival of Shavuot; the Torah compares these two festivals to one another as both allow for offering the specific gift offerings at a later occasion. This period lasts for seven days. (Talmud tractate Rosh Hashanah 4,2.) ובחג הסוכות, “and on the festival of huts;” the reason that it has been named here separately is that the Sages taught with regard to those who are liable for vows of monetary payment, for various offerings, for vows of charity tithes or for all the agricultural gifts that must be given to the poor, once three Festivals have passed they transgress the prohibition: “You shall not delay”. Rabbi Shimon says: These three Festivals must be in their proper order, with the festival of Passover first and Sukkot last. (Rosh Hashana 4ab)

Each man according to the gift of his hand, according to the blessing of Hashem your God that He has given you.

איש כמתנת ידו EVERY MAN [SHALL BRING] ACCORDING TO THE ABILITY OF HIS HAND TO GIVE — i.e. one who has a large household (lit., many eaters) and great possessions brings many burnt offerings and many peace offerings (Sifrei Devarim 143:10; Chagigah 8b).

איש כמתנת ידו, not that he has to give away all that he owns so that as a result he will become a charge on public charity; an interpretation offered by foolish gentiles. Our sages have long ago postulated that even the most generously inclined person should not give away more than one fifth of his wealth. (Ketuvot 50)

Each man according to the gift of his hand, according to the blessing of the Lord your God which He has given you. The Sages (Chagigah 8b) learned from this verse that one who has abundant possessions should bring many burnt offerings, and if he has many mouths to feed, meaning his sons and household members who are called “the blessing of God” as it is said (Psalms 128:3-4), Your children will be like olive saplings around your table. Behold, thus shall the man who fears God be blessed. Therefore, it first refers to the burnt offerings which depend on possessions, whether many or few, each man according to the gift of his hand, meaning according to his possessions, the measure of the generosity of his hand and his means. And afterward it says regarding the peace offerings which depend on having many people to feed, according to the blessing of the Lord your God which He has given you, for this depends on how God has blessed and multiplied you. And because throughout the entire passage, Moses speaks directly to Israel, if so, it should have said, “according to the gift of your hand” [using the direct form], but it says his hand in the hidden [third person] form. Perhaps his/HIs hand refers to the Holy One, Blessed be He, as it is written For all things come from You, and of Your own have we given You (First Chronicles 29:14). And he used this language regarding burnt offerings, which are entirely consumed for the Most High, lest one feel bad about giving so much of his own property to the Most High, so many burnt offerings. Therefore, he said that one is not giving from his own, but from what he received from the hand of the Holy One, Blessed be He. And this is what is meant by according to the gift of His hand — of the Holy One, Blessed be He. If from His blessed hand one has been given abundant possessions, then one should return and give to Him from His own, and bring abundant burnt offerings. And it may be that “many eaters” refers to the stranger, the orphan, and the widow, etc., and for their needs one should bring many peace offerings [from which one eats and distributes to others], and “let your eye not be evil when you give to them,” but rather according to the blessing of the Lord your God which He has given you — you are not giving from your own but from His, blessed be He.

Judges and officers you shall appoint for yourself in all your towns that Hashem your God gives you, for your tribes, and they shall judge the people with true justice.

שפטים ושטרים JUDGES AND BAILIFFS — שופטים are the judges who pronounce sentence, and שוטרים are those who chastise the people at their (the judges’) order [beating and binding the recalcitrant] with a stick and a strap until he accepts the judge’s sentence (Sanhedrin 16b and Rashi thereon; cf. Sifrei Devarim 144:6). בכל שעריך IN ALL THY GATES — i.e. in each town (Sifrei Devarim 144:3). לשבטיך THROUGHOUT THY TRIBES — This is to be connected with תתן לך, thus: judges and bailiffs shall you make yourself for your tribes in all all your cities that the Lord, your God, gives you. לשבטיך THROUGHOUT THY TRIBES — This teaches that judges must be appointed for each tribe separately and each city separately (Sifrei Devarim 144:4; Sanhedrin 16b). ושפטו את העם וגו׳ AND THEY SHALL JUDGE THE PEOPLE [WITH JUST JUDGMENT] — This means, appoint judges who are expert and righteous to give just judgment (cf. Sifrei Devarim 144:7).

JUDGES ‘V’SHOTRIM’ SHALT THOU MAKE THEE IN ALL THY GATES WHICH THE ETERNAL THY G-D GIVETH THEE. He has commanded in the Torah, the word of both parties shall come before ha’elohim (the judges); and he shall pay as the judges determine. If so, He commanded [by implication] that Israel is to have judges, and here he [Moses] explained that they are to appoint judges in all their cities when G-d will give them the Land. For outside of the Land they are not required to appoint a court for themselves; rather, when an aggrieved party complains, people qualified to judge are to arise for him and according to their ordinances shall they judge it. Or the parties are to go up to the Land in the proper time [i.e., when there are courts of ordained judges functioning in the Land of Israel], and there, they will adjudicate it in the place of righteousness. He added here [that it is obligatory to appoint] shotrim, who are the ones that execute the judgment. Accordingly, Israelites living outside of the Land are not commanded to appoint for themselves judges in the cities. And so wrote Harav Rabbi Moshe ben Maimon. But in Tractate Makkoth the Rabbis have taught: “And these things shall be for a statute of judgment unto you throughout your generations in all your dwellings. This teaches that the laws of Sanhedrin are binding both within and without the Land. If so, why is it stated Judges and officers shalt thou make thee in all thy gates? In the Land you are to appoint [judges] in every district and in every city; outside the Land you are to appoint [judges] in every district, but you are not obligated to do so in every city.” From this text it would appear that we are required to appoint a Sanhedrin outside the Land — not in every city as in the Land of Israel, but in every district. If so, this commandment is binding at all times in civil cases and in matters that may be adjudicated outside the Land. Nowadays, however, that ordination has ceased, since, according to Torah-law, all judicial functions are void — for it is written, “[And these are the ordinances which thou shalt set] before them, and not before commoners ” and we [not being ordained,] are commoners, and would not be empowered to adjudicate outside the Land except for the Rabbinical ordinance that we “carry out the commission of the former ones [who had received ordination]” — we are not at all bound, according to Torah-law, by the commandment to appoint judges. THROUGHOUT THY TRIBES. “This refers to the expression [at the beginning of the verse] shalt thou make thee. This teaches that courts are to be set up in each and every tribe, and in each and every city.” This is Rashi’s language, and so it is also stated in Tractate Sanhedrin. But I know not the meaning of this text, for, since we have appointed courts in each and every city, there are many courts in every tribe [thus making it redundant to specify “throughout thy tribes”]! Perhaps the intent of the verse is to state that if there is a ...

Although each commandment stands independently, there is a kind of midrashic connection that links the sections together. The reason [Scripture places] "judges" [here]: even though you are obligated to go three times [a year] to the place where the priests serve at the Temple, and there you may inquire about statutes and ordinances, this is not sufficient for you — you must also have judges at all your gates. "וְשֹׁטְרִים — And officers" — these are those who exercise authority; the word comes from the root שׁוֹטֵר, meaning ruler, as in: "his rule over the earth" [Job 38:33]. The meaning is: the judge shall adjudicate and the officer shall compel the one who acts wrongly. "In all your gates" — as we find that Jehoshaphat did likewise. "For your tribes" — at the gate of each and every tribe. "And they shall judge the people" — this [verb] refers back to the judges.

שופטים ושוטרים, after Moses had addressed a number of commandments to the people at large, he now turned to instruct the leaders of the people in commandments of special concern for them. By paying especial attention to observing these laws, the leaders, especially the judges, kings and prophets, would be able to maintain the spiritual level of the people at large, and thus ensure the people’s continued tenure of the Land of Israel. In the words of the prophet: “when the lion roars who does not tremble?” (Amos 3,8) Tzefaniah phrased it somewhat differently, providing degrees of reactions to people in varying degrees of authority. (Tzefaniah 3,3 describes the princes, leading authorities as being feared like roaring lions, whereas the judges who have no executive powers are feared in the manner one is afraid of wolves.) נותן לך לשבטיך, in the gates (cities) He is about to give to you. You are to divide the judges to districts, i.e. each of your cities must have a judiciary. This restriction does not apply to land conquered outside the traditional boundaries of Israel; there, seeing the land was not divided into tribal parcels, the judiciary appointed also did not have to adhere to this pattern. Examples of such regions were Syria, etc. משפט צדק, the manner in which the complaints of the litigants were heard should be such that the resulting decisions could be expected to be fair, צדק, righteous. The judges were not to discriminate in their treatment of either of the opposing litigants.

שופטים ושוטרים, "Judges and law enforcers, etc." The Torah positions this commandment adjacent to the commandment to make a pilgrimage to the Holy Temple three times a year to teach us that although there is a Supreme Court in Jerusalem situated at the entrance to the Temple precincts, we must not merely rely on that court but must appoint a nation-wide judiciary. The reason is that judgment should not be delayed until the time of the respective pilgrimages. The reason why the Torah demands the appointments of law-enforcement officers is explained in Pessikta by Rabbi Eleazar ben Shamua who says once you have law enforcers you will have effective judges; if there are no law-enforcers the law to appoint judges is not operative. Whenever the Israelites realise that the common people ignore the rulings of the judges, and the judges in turn are unable to enforce their decisions there is no point in making such decisions. On the other hand, when the common people accept law-enforcement the law to appoint judges is applicable. תתן לך, "you shall give (appoint) for yourself;" This is an appeal to the people who appoint the judges and enforcers not to think that seeing they have appointed them they are themselves not subject to their authority. The meaning of לך then is equivalent to עליך, "over yourself." בכל שעריך, "in all your cities." The reason the Torah writes כל, "all," is to tell us that every single city and town in the land of Israel must have its own judiciary. Yalkut Shimoni on our verse states that our verse draws a comparison between the Supreme Court and the regional courts; just as the Supreme Court has the authority to deal with capital offences and to hand down death sentences so do the regional courts [if composed of a minimum of 23 judges. Ed.] The exegesis appears to be based on the word בכל which includes all the various סנהדרין as having the same authority. אשר ה׳ אלוקיך נתן לך, "which the Lord your G'd is about to give to you, etc." We are taught in Makkot 7 that the legal requirement to establish such a judiciary applies only to the towns within the land of Israel. לשבטיך, "for your tribes, etc." According to Sifri these words belong to the previous words, i.e. שופטים לשבטיך, "judges for your tribes." If that is so, why did the Torah not simply write תתן לך לשבטיך בכל שעריך, "you shall appoint for your tribes in all your towns, etc.? Perhaps the Torah wanted to ensure that the word לשבטיך appears next to the words ושפטו את העם משפט צדק, "and they will then be able to judge the people with righteousness." In this way the Torah provides the rationale for the legislation. If a city is inhabited by people of more than one tribe it requires two courts in order to satisfy the Torah's demand for fair judgment, משפט צדק. The Torah was careful to write את העם, to instruct us that two courts should not apply different yardsticks but that the whole people must be judged according to a uniform system of laws. [The author may mean that alt...

שופטים ושוטרים תתן לך בכל שעריך, “Judges and policemen shall you provide for yourselves in all your gates;” this paragraph has been inserted in the Torah at this point in order to tell you that although you are obligated to travel to the place where the priests officiate all year three times a year and you can submit all your legal problems to them on those occasions, this arrangement will suffice until you have judges and enforcers in all your towns (Ibn Ezra)

דרכיה דרכי נועם וכל נתיבותיה שלום, “Her ways are ways of pleasantness, and all her paths are peace. (Proverbs 3,17). Solomon informs us in the verse just quoted that the foundation of the Torah and its ongoing concern is peace. We find this demonstrated already at the very beginning of the creation and this is why the sages in Chulin 60 have taught that all phenomena were created as completed, matured phenomena at the very outset. They base this on Genesis 2,1 וכל צבאם, “complete with all their accessories.” It is well known that the heavens were created first and that unless peace reigned in the universe this could not have succeeded seeing heaven is made of two opposite elements, “fire and water.” They could not coexist unless G’d had seen to it that peace reigned in the universe. This is why we read in Job 25,2 עושה שלום במרומיו, “He makes peace in His lofty heights.” One of G’d’s names is שלום, Peace, as we know from Judges 6,24 ויקרא לו ה' שלום, “he (Gideon) called the altar “G’d Who is peace.” We have a verse in Song of Songs 1,1 in which the Talmud interprets the words “Song of Songs by Solomon” to mean that the poem is dedicated to the Lord Who personifies “peace,” שלמה (Shevuot 35). G’d chose the Jewish nation from among more than 70 nations all of which are His, and called us שולמית, (compare Song of Songs 7,1) where the author calls on the Jewish people to return to G’d, addressing it as שולמית, the nation representing peace. It is the nation that harbors within it the concept of universal peace. G’d gave the Torah to the Jewish people seeing that the Torah personifies the ideal of peace. This is the gist of our opening verse above, that ”all its paths are peace.” All the commandments in the Torah are aimed at ensuring peace for the body as well as for the soul. We know that the commandments are designed to provide peace for the body from Exodus 15,26: ”if you will heed the Lord your G’d diligently, doing what He says and what is upright in His sight, giving ear to His commandments and keeping all His laws, then I will not bring upon you any of the diseases that I brought upon the Egyptians, for I the Lord am your healer.” Proof that Torah also provides peace for the soul is derived from Psalms 19,8: “the Lord’s Torah is perfect, restores the soul.” Performance of the commandments of the Torah enables the soul at the end of its sojourn in a body to return to its roots in a state of purity. The attribute of peace constantly yearns for the return of these souls to its domain. This concept enables us to understand the meaning of Ketuvot 104, that when the wicked die the angels of destruction “welcome” them by saying: “there is no peace for the wicked, says the Lord” (Isaiah 48,22) [in other words, there is no room for you in My domain. The Talmud is a little more elaborate. Ed.] The attribute of peace is the greatest of all the attributes in that it is used as a “seal” on all requests and documents. It is the final benediction in our principal prayers, a thought inspired by the sacrificial offerings which the prayers try to emulate, the daily communal prayers known as תמידים. When you observe the list of sacrificial offerings whose rituals are prescribed at the beginning of the Book of Leviticus you will find the שלמים, “peace-offerings” mentioned last. (Leviticus 7,18) Our sages in Torat Kohanim comment: “why were these offerings called “peace-offerings?’ They answer that the reason is that these offerings re-establish peace in the universe.” We find that Solomon “signed” (concluded) his Song of Songs with “peace,” seeing he wrote in 8,10: “I was in his eyes like someone who had found peace.” In Kohelet Solomon also refers to peace in the “times” he describes in chapter 3, concluding with “a time for peace.” Our sages (Vayikra Rabbah 9,9) commented on this that peace is a requirement even in time of war as we know from Deuteronomy 20,10 that “when you approach a town (during war with a view to conquering it) you must first offer it “peace.” There is no need to emphasise that our terrestrial world is sorely in need of peace if even the celestial regions are in need of it as we know from Job 25,2: המשל ופחד עמו עשה שלום במרומיו, “Dominion and Dread are His; He imposes peace in His heights.” Our sages interpret the word המשל as a reference to the archangel Michael, whereas the word פחד refers to the archangel Gavriel. G’d Himself must make peace between these two angels. This is something which is easy to understand seeing that if there is need to establish (and maintain) peace in regions and domains which are not subject to competition and natural mutual animosity, this holds true even more so in regions and domains where such competitive forces are at work all the time. When G’d is described as “making peace in the heavens,” this includes not only peace between forces at work in the celestial regions but the celestial regions themselves, seeing they are composed of raw materials which clash, such as fire and water. Seeing that Michael is the presiding angel in the celestial spheres he is referred to in Job as “the Dominion;” he is the one who asks Mercy for Israel. There is no need to mention that the living are in need of peace seeing that even the dead are in need of it (Sifri Shoftim 199). We know this already from when G’d said to Avraham (Genesis 15,15) “as for you, you will come to your fathers in peace.” The attribute of peace was granted especially to Aaron (Sanhedrin 6,2) and by means of this attribute his descendants merited to be priests for all generations and to bless the people wishing them that G’d grant them peace (Numbers 6,26). Aaron himself exploited this attribute to keep people alive and to restore peace and harmony between feuding parties. You have learned that it is the attribute peace which ensures the continued existence of the world. Not only peace but also justice is an important factor in ensuring the continued existence of the universe. Were it not for the meting out of justice people would steal from each other, rob each other, and kill each other. As a result the world would perish. This is what the sages meant in Avot 1,12 that “the world endures owing to three things: judgment (justice), truth, and peace. We learn this from Zecharyah 8,16: “truth, justice and peace you shall judge within your gates.” The word שעריכם refers to the judges, seeing it is they who ensure that a “formal” kind of peace reigns in civilized society, the lowest level of peace which the existence of mankind depends on. This is why the Torah commanded us to appoint courts in every “gate,” i.e. in every city. שופטים ושוטרים תתן לך בכל שעריך אשר ה' אלו-היך נותך לך לשבטיך ושפטו את העם משפט צדק. “Judges and law enforcers you shall appoint for yourself in all your towns which the Lord your G’d is about to give to you to your tribes, and you shall judge the people with fair judgment.” The reason that this paragraph follows the paragraph dealing with pilgrimage festivals is to tell us that even though the Israelites make three pilgrimages annually to Jerusalem where there many priests well versed in justice, Levites, and Torah teachers, and the pilgrims can get instruction from these scholars how to conduct themselves, clearing up many matters about which they entertain doubts, this does not relieve them of the duty to appoint local courts throughout the land. Each city must have such a court. The judges are appointed on the basis of their knowledge of the law. The people called שוטרים in our verse are those who ensure that the judges’ decisions are carried out. Basically, the שוטרים are policemen equipped with batons, leather belts, to apply physical force when necessary. They patrol the cities and have authority to deal with obvious infringements of the law. They can challenge fraudulent weights and measures. They do all this after having been told to by the judges (Maimonides Hilchot Sanhedrin 1,1). The judicial system is divided into three levels: there is a court comprising 71 judges, known as Sanhedrin. There are courts comprising twenty three judges. Finally, there are courts comprising three judges. The courts of only three judges were instituted for communities numbering fewer than 120 Jews. (Sanhedrin 2). Our sages have said that a court cannot have fewer than three judges in order to enable there to be a majority and a minority and in order to prevent a tie vote between the judges. (Sanhedrin 3). The sages deduced all this from the mention of the word elohim three times in Exodus 22,7, Exodus 22,8 and Leviticus 19,15 when courts and judges are mentioned. Even though, a learned individual may hand down rulings by himself as a Biblical law, seeing that the Torah (Leviticus 19,15) wrote בצדק תשפוט עמיך, ‘judge your people fairly,’ (singular) the Rabbis amended Biblical law not to judge matters single-handedly (unless they did not involve a dispute such as releasing someone from a vow). It is considered arrogant to shoulder the entire burden of justice by oneself, something reserved only for G’d Who is alone and does not need advice. If however, the two litigants agree on a single individual to be their judge this is permitted. The competence of such a court of three judges includes only matters involving financial damages. When two judges sit in judgment and hand down a decision such a decision is invalid. (Sanhedrin 6). The Jerusalem Talmud Sanhedrin 1,11 points out that even the Lord Himself does not make judicial decisions single-handedly as we know from Kings I 22,19: “and all the hosts of heaven stood by Him.” [The prophet Michayu describing heavenly judgment on King Achav. Ed.]. According to the Talmud, the angels on the right voiced arguments in defense of the king whereas the angels on the left of G’d voiced arguments supporting the prosecution’s case. Although G’d does not make decisions single-handedly, He does seal the decree all by Himself. We know this from Daniel 10,21. The court consisting of 23 judges is a Biblical institution known as the small Sanhedrin. Every town of over 120 Jewish people must arrange to have such a court. Its deliberations take place near the gate of the city, (Maimonides Hilchot Sanhedrin 1,3) i.e. in public as we know from Amos 5,15: “and establish justice in the gate.” Such a court is empowered to try cases involving capital punishment. No court in which fewer than 23 judges are present has the authority to hand down death sentences. This is based on a number of verses such as Numbers 35,24 ושפטו העדה, “the congregation shall judge,” and Numbers 35,25 והצילו העדה, “the congregation shall save.” A “congregation” must number at least 10 male adults. In other words, unless there is at least one quorum of judges who could free the accused and another quorum who could vote guilty, the proceedings are invalid. In order to avoid a tie vote, the Rabbis added another 3 judges so that under all circumstances there would be a majority to exonerate the accused. Seeing that we need a majority of at least two votes to hand down a death sentence, a minimum of 23 judges is required (Exodus 23,2). The Supreme Court, Sanhedrin haGadol, comprises the 71 finest scholars of the nation The wisest of them is appointed president of this court, known a נשיא, “prince” in the language of the Mishnah and Gemara. He functioned in lieu of Moses in his time. The second-most revered person was called אב בית דין and used to sit on the right hand of the president. The other members of the court would all be given seats in accordance with their rank as scholars. The seating arrangement was similar to that of an orchestra nowadays, open semi-circle in three rows of 23 judges each, facing the president and vice-president to ensure that the president could observe the mien of each one of them during the deliberations (compare all of the above in Maimonides). A Midrashic approach to the words שופטים ושוטרים, based on Tanchuma Shoftim 2. The judges and enforcers needed each other. Law enforcement (policemen) without judges is a non-starter, whereas “justice” i.e. a judicial system without an apparatus to enforce such decisions is a mockery. If the people during the time of King David had not feared the authority of Yoav his commander-in-chief, David could not have dispensed justice. This is why the prophet (Samuel II 8, 15-16) describes the system in these words: “David would mete out justice and righteousness to his whole people while Yoav, son of Tzeruyah, was in charge of the army.” David and Yoav acted in tandem. Anyone who did not accept the judgment handed down by David would be handed over to Yoav. The judgment would then be enforced. We have a verse in Job 29, 16-17 in which Job describes his function during his days of prominence, saying: “I was a father to the needy, and I looked into the case of the stranger. I broke the jaws of the wrongdoer, and I wrested prey from his teeth.” Job meant that even prey which had already been consumed by the robber who had been sentenced to make restitution he would try and recover. The power of justice is great seeing that as long as men sit in judgment judging crime G’d (the attribute of Justice) does not bother to sit alongside of them but judges them by means of the attribute of Mercy. Should the system of justice on earth become corrupt, the attribute of Justice will judge mankind instead. We find an allusion to this in Psalms (Midrash Tehillim 62) ‘when justice is not practiced on earth it will be practiced in heaven;’ when it is not practiced on earth G’d will have to exercise His “vocation” of being a Judge. When man enacts Justice G’d is relieved of this duty. In appreciation of being relieved of this task G’d judges mankind with the attribute of Mercy. This is the deeper meaning of Leviticus 26,3: “if you will walk in My statutes....I will give your rain at its appropriate time.” תתן לך, “you shall appoint for yourself.” Seeing that Moses had risked his life in order that justice be performed on earth, the Torah associates the establishment of a judiciary with Moses personally, i.e. לך (Tanchuma Beshalach 10). He had killed the Egyptian who had slain a Hebrew man in Exodus 2,11-12. On another occasion Moses risked his life for the Torah and the Jewish people when he spent 40 days on the mountain trying to get forgiveness for the people and linking his survival on earth to the people being forgiven (Exodus 34,28; 32,32.). As a result of these various acts of selfless devotion the prophet Zecharyah speaks of remembering the Torah of “My servant Moses” (Maleachi 3,22) and G’d describes the Jewish people as Moses’ people in Exodus 32,7 when He said to Moses: “your people have become corrupt.” Here the judges also are described as belonging to Moses, hence the wording תתן לך, “appoint for yourself.” ושפטו את העם משפט צדק, “they shall judge the people with fair judgment.” This may be either a warning to the individual judge or to every individual Israelite not to appoint a judge who is not righteous as well as competent. If they fail to do so each Israelite will be an accessory to perversion of justice if and when it occurs.” The judgment is to be absolute. It is to correspond to Leviticus 15,15 בצדק תשפוט עמיתך, “you are to judge your fellow with righteousness.” Sanhedrin 6,2 phrased this as יקוב הדין את ההר, “let the judgment bore a hole into the mountain.” Rabbi Akiva adds that one does not mix mercy with justice (Ketuvot 84). [The aforementioned quotes mean that the time for possible arbitration is before a matter comes to court; once it has come to court only legal considerations are relevant. Ed.]. The wordמשפט implies something “in the middle,” i.e. a clear-cut decision between opposing claims. Compare Psalms 112,5: ”he conducts his affairs with equity.” Jeremiah 30,11 speaks of ויסרתיך במשפט, “He will discipline you with justice.” These applications of strict yardsticks are valid in the dispensation of justice by a human tribunal. The expression צדק which also appears in our verses is reserved for application by G’d. G’d combines both attributes when He sits in judgment. This is why we find David say in Psalms 99,4: משפט וצדקה ביעקב אתה עשית, “justice and charity You applied in judging Yaakov.” משפט is known in kabbalistic terms as the קו האמצעי the “middle” line on the diagram of the emanations, and Yaakov is the patriarch who represents this line [to the left of חסד on the right, Avraham’s attribute, and to the right of גבורה ,דין Yitzchak’s attribute. Ed.]. This enables us to understand Jeremiah 10,24: יסרני ה' אך במשפט, אל באפך פן תמיעטני, “chastise me o Lord, but in measure; not in Your wrath, lest You reduce me to naught.” The prophet says that the attribute of Justice which is part even of the tetragrammaton should not be applied to him as otherwise he would not survive the chastisement. [The prophet utters a prayer by his people who are aware that the enemy army is close to capturing Jerusalem. Ed]. משפט as distinct from דין, is perceived as the mild aspect of justice at work, whereas אפך is the harsh aspect of justice at work. Tzedek is the attribute of Justice applied to the world, as we know from Psalms 9,9 והוא ישפוט תבל בצדק, “and He will judge the universe by employing צדק.” This attribute receives its input from a higher source known as elohim. This is the meaning of Psalms 58,12 אך יש אלו-הים שופטים בארץ, “there is indeed divine justice on earth.” The word שופטים in that verse in Psalms and the word שופטים in our verse here are mystically linked together. The Torah’s instructions here are to establish the mechanism demonstrating that there is divine justice on earth. If it sounds as if justice is to be tempered with mercy in a court of law, this is misleading. The truth is if the guilty receives sentence the innocent is exonerated and feels that righteousness has been done for him whereas justice has been done to the other litigant.

Judges and officers shall you appoint for yourself etc., and they shall judge the people with righteous judgment. It should have said “and they shall judge you” because the word “you” would correspond to appoint for yourself, and instead of and they shall judge [v’shaftu] it should have said “and they will judge” [v’yishpetu] because “v’shaftu” is not a command but rather a statement of fact that this is what will happen. The explanation of this matter is, that this verse is a command to anyone who has the power to appoint judges, that he should appoint them with the understanding that they will be judges who will not flatter even the person who appointed them. This is what it means by you shall appoint for yourself — referring to [judgments] concerning yourself. And it follows a fortiori that they will judge the entire people with righteous judgment, for if they do not flatter you, all the more so [they will not flatter] the entire people. Therefore it says and they shall judge in a declarative form, to say that this will certainly be the case, as a logical inference. This is unlike the custom of our generation, where anyone who has the power to appoint judges selects his relative or friend, as if he explicitly stipulated with them the condition that he should flatter him, and this is what they do. And from this it follows that even for all the people, even those who are not close to them, they will not judge righteously, because a judge needs to be consistent in all of his judgments so that people will not say to him: “Yesterday you ruled such-and-such for your relative or your friend or your fellow townsman, and now you are changing the law in this case.” By way of allusion, one could say that wherever “the people” [ha-am] is mentioned, it refers to the wicked, as Rashi explained on the verse And the people were as complainers (Numbers 11:1). And our Sages of blessed memory said (Avot 1:8), “When litigants stand before you, regard them as wicked, etc.” Therefore it says, and they shall judge the people, because during judgment they should be in your eyes like the rest of the people who are characterized as wicked. However, righteous judgment means that after the judgment, the wickedness turns to righteousness, because they should be in your eyes as righteous people when they have accepted the verdict upon themselves. Another explanation: Judges and officers shall you appoint for yourself — first adorn [correct] yourself (Bava Metzia 107b), and afterward they shall judge the people — to adorn [correct] others. For any judge from whom money is extracted in judgment is not [fit to be] a judge (Bava Batra 58b).

שופטים ושוטרים, “Judges and enforcement officers,” Moses appended this portion immediately after that dealing with the festivals involving pilgrimage to Jerusalem, to tell us that although he commanded us to make the pilgrimages to the place where the priests perform their service and you have an opportunity to consult with them on any matter that is of concern to you, be it of a legal or ritual nature, this is not sufficient, and you must appoint the appropriate mechanism in every city, i.e. judges and enforcement officers. Nachmanides writes that actually, already in Exodus 21,6 and 22,7 the Torah clearly presumed the existence of a judiciary, i.e. אלהים, as well as פלילים; the addition here is the command to appoint enforcers of the judgments handed down. Here we also learn that such institutions must be established in all towns in the land of Israel. When someone feels that he has been wronged, it is up to him to cry out, i.e. to demand that the judges meet to hear his complaint. (Compare Ezekiel 44,24) According to what is written here, Jewish communities in the Diaspora do not require permanent courts, etc., but these are convened on an ad hoc basis. This is also the view of Maimonides (hilchot Sanhedrin 1,2). לשבטיך, “according to your tribes.” Rashi explains this to mean that every tribe must establish such courts in each of its cities. This means that a city populated by members of different tribes has to establish at least two separate courts. Nachmanides writes that it is possible to understand our verse to mean that there should be a tribal high court for each tribe. The members of that high court, as one of their tasks, have to oversee the appointment of lower courts in each city under their authority. Litigants are not free to choose a court other than that in the city where they live. This applies even if two litigants resident in the same city agree to take their case to a court in another city, this is also forbidden. The local court can force any litigant belonging to that tribe to appear before it, even if the litigants themselves prefer to appear before that tribe’s supreme court instead. The tribal high court, however, can demand that certain litigants have their case dealt with by that court (instead of the local court). If the need arises to rectify some impropriety or deficiency in the tribal courts’ set up, the problem must be dealt with by the Sanhedrin, the Supreme Court. Details about the functions of this Supreme Court are discussed in tractate Horyot. The local courts are obligated to operate on the basis of the instructions they receive from the Supreme Court. The plain meaning of our verse is “you have to appoint judges that are members of your respective tribes, so that members of a certain tribe will be judged by judges belonging to that tribe, in the various cities.”

ושוטרים, the judges issue orders to the enforcers (Shotrim) to see that recalcitrant convicted persons will obey the judgments handed down by the judges.

שופטים ושוטרים, “Judges and officials to execute the judgments;” shoftim are the judges who do the legal work, shotrim are the officials who see to it that the judgments handed down are executed. (Compare Talmud, tractate Sanhedrin folio 16). In Samuel II 8,15-16 we find a practical illustration of this system when the prophet records: “David ruled over all Israel, and David executed true justice among all his people. Yoav, son of Zeruiah was commander of the army;” the paragraph lists additional civil servants and their respective assignments.” The reason why these details are recorded there is to show that there were separate departments for the legal problems and for executing judgments once they had been formulated.

You shall not pervert judgment; you shall not show partiality; and you shall not accept a bribe, for a bribe blinds the eyes of the wise and corrupts words that are upright.

לא תטה משפט means what it literally implies: THOU SHALT NOT PERVERT JUDGMENT. ולא תכיר פנים AND THOU SHALT NOT RESPECT PERSONS — not even if it be only during the pleadings of the parties. This is an admonition addressed to the judge that he should not be lenient to one and harsh to the other, e.g. letting one stand and the other sit; because as soon as he (the party treated harshly) observes that the judge shows more respect to his fellow his ability to plead is hampered (i.e. he loses self-confidence and cannot present his case with assurance) (cf. Shevuot 30a). ולא תקח שחד NEITHER TAKE BRIBERY — even if you mean to give a just judgment in favor of the giver (Sifrei Devarim 144:10; cf. Rashi on Exodus 23:8). כי השחד יעור FOR BRIBERY DOES BLIND — As soon as he (the judge) has accepted a bribe from him (from one of the parties) it is impossible for him not to incline his heart to him trying to find something in his favor (Ketuvot 105b). דברי צדיקם means, the words which have been described by the term “righteous” viz., the judgments of truth uttered on Sinai (cf. Rashi on Exodus 22:8 and Note thereon).

"You shall not pervert justice" — [Scripture] addresses each of the judges individually. "תַּכִּיר — You shall recognize" — I have already explained this in [connection with] the verse: "You shall not show partiality in judgment" [1:17].

לא תטה משפט, "Do not pervert justice, etc." This commandment is not only addressed to the judges but to all those who by failing to appoint the proper judiciary contribute to unfair judgments being handed down by unauthorised sources.

לא תטה משפט ולא תקח שוחד, “do not pervert judgment, nor accept any bribe;” earlier in Exodus 23,6 the subject of not perverting judgment when destitute people are before the court has already been discussed; here the warning concerns all the people. [The people addressed are primarily the judges. Ed.]. ולא תקח שוחד, do not even accept a bribe in order to pass fair judgment. Bribing judges in order for them not to pervert justice has already been forbidden. ויסלף, “nor pervert,” we find this root used in the same sense in Proverbs 11,3: וסלף בוגדים ישדם, “but the perversity of the treacherous will destroy them.”. דברי צדיקים, “the words of the righteous.” Here the Torah refers to the litigants, not the judges. Compare Deuteronomy 25,1: והצדיקו את הצדיק, “by justifying the righteous.”

לא תטה משפט, “Do not pervert judgment.” This is both a warning to the judge as well as to the individual not to appoint corrupt judges as otherwise they would become accessories to a system of perverted justice. Knowingly appointing a man unfit as judge is equal to building a grove for the worship of an idol. This is why the next verse spells out the prohibition to plant such an idolatrous tree (compare Sanhedrin 7). You will find 6 negative commandments in this paragraph (16,19-171). The sages of Devarim Rabbah 5,5 referred to the six steps leading to the throne of King Solomon (Chronicles II 9,18) claiming that the announcer at the lowest step would proclaim (quoting our verse) “do not pervert justice.” The announcer flanking the second step would proclaim the verse: “do not respect someone’s presence. The announcer flanking the third step would proclaim: “do not accept a bribe.” The announcer flanking the fourth step would proclaim: “do not plant an idolatrous tree.” The announcer flanking the fifth step of Solomon’s throne would proclaim: “do not erect for yourselves a pillar” (verse 22), whereas the announcer flanking the sixth step would proclaim: “do not slaughter a blemished animal” (17,1). לא תכיר פנים, “do not recognise a person.” In practice this means that a wealthy man should not be offered a chair while his counterpart the poor litigant is made to remain standing. The demeanour of the judge vis-a-vis each of the litigants must be the same as otherwise this would disorient people‘s arguments. ולא תקח שוחד, “and do not accept bribes.” Even in order to hand down a true verdict. The reason is that once one has received the bribe one can no longer be neutral, objective, or as the Torah calls it: “the bribe blinds even the eyes of the wise.” Our sages in Ketuvot 105 dissect the word שחד into שהוא חד, meaning once one accepts a bribe the giver and the recipient become as one. After that the judge cannot recognise incriminating argu-ments against the giver. The recipient is called a רשע, a wicked person, as we know from Proverbs 17,23: “a wicked man pulls a bribe out of his bosom.” We also have another verse in Proverbs 21,14: “a bribe in private (bosom) pacifies strong rage.” A third verse compares bribes to stones; Proverbs 17,8 reads: “a bribe seems like a charm, אבן חן, to its owner.” The reason the bribe is compared to a stone, אבן is that whenever it falls it breaks (Tanchuma Toldot 8).

You shall not bend judgment, you shall not recognize faces, and you shall not take bribes. From the fact that it does not say “and you shall not recognize faces” with a vav [conjunction] but does say and you shall not take bribes with a vav, we can infer that you shall not bend and you shall not recognize are each independent matters, but you shall not take bribes is a consequence of you shall not recognize faces. This is because the wealthy are called “the faces of the land,” as Rashi explained in Parashat Miketz (41:56). When it says you shall not recognize faces, it refers to the wealthy who are called “the faces of the land,” and when you do not recognize them, then naturally you will not take bribes. For one who recognizes the faces of the wealthy does so because of the expectation of bribes that he hopes to receive from them. The language of “bending” indicates that the two litigants should be equal in his eyes, as if both were placed on equal scales, without any tilt or inclination to either side. This is the meaning of you shall not recognize faces — that it should seem as if he recognizes neither of them. And regarding the term “shochad” [bribe], our Sages of blessed memory said (Ketubot 105b) that it means “she-hu chad” [that he is one], as the receiver and the giver become one person, and subsequently one does not see fault in oneself. This explanation is not clear, because “shochad” is the word for the money, not the word for the owners. Why should the money be named after them just because it causes the owners to become united?It seems to me that “she-hu chad” means “sharpness,” from the phrase iron sharpens iron (Proverbs 27:17). For money is like a sharp knife that cuts quickly, and every judge needs to be deliberate so as not to render judgment hastily. When he accepts a bribe, he immediately knows which way the judgment leans and cuts it quickly as if cutting with a sharp knife. It is not the judge who cuts the judgment, but the money cuts, and it is sharp. And since he hinted here that a judge needs to be deliberate in judgment, which might lead to delaying the judgment more than appropriate, therefore it says, Justice, justice shall you pursue. This is because the prophet accuses Israel, saying, Righteousness lodged in it (Isaiah 1:21), as we explained above in Parashat Devarim (1:18), that in capital cases, they conclude on the same day for acquittal but not for conviction. But they reversed the approach and would let the righteousness, namely the acquittal, remain overnight. Regarding this, it says here that justice shall you pursue, because the term “pursuit” indicates swiftness — that one should hasten to render judgment when innocence [that is, justice] has been established. And the repetition of justice — one is literal and one is to exclude guilt, which must be delayed overnight. Another explanation: “shochad” [bribe] is “chad” [sharp] like a cutting sword, similarly, the perversion of justice brings a sharp sword to the world, as it states in Pirkei Avot (5:11): “The sword comes to the world because of the delay of justice and because of the perversion of justice.” Therefore, the bribe that perverts justice is called “shochad” because it is “chad” [sharp] like a sword. And afterward, it also warned about the delay of justice by saying Justice, justice shall you pursue — that one should hasten to declare, “You are innocent,” to reveal his righteousness so that you may live and be saved from the sword, and inherit the land. Rashi explained: “The appointment of proper judges is worthy of keeping Israel alive and settling them on their land.” The reason for that you may live is because “if not for the fear [of authority], a man would swallow his fellow alive” (Avot 3:2). Therefore, they said that the appointment of judges causes life — meaning that people will not swallow each other alive — and settles them on their land, as it is written A king through justice establishes the land (Proverbs 29:4). But the corruption of justice causes the destruction of the land, as the generation of the Flood proves. And so Jethro said, And all the people will come to their place in peace (Exodus 18:23). It should have said, “each man will sit in his place in peace,” but it speaks of the general place designated for all the people, which they now wanted to come to, and Jethro said that by virtue of appointing judges, they would merit to come there. And by way of allusion, one can say that it mentions here justice and righteousness, because sometimes there is a judge who performs righteousness and justice together, as King David did, rendering justice to one and righteousness to another (Sanhedrin 6b). There is a distinction between justice and righteousness, for justice must be done with deliberation, while righteousness should be pursued with eagerness and haste, as it is written: He who pursues righteousness and kindness finds life (Proverbs 21:21). And it is written: Keep justice and do righteousness (Isaiah 56:1). Keep [shemor] is related to “sediment [shemarim],” for when a liquid stands on its sediment for a long time, the sediments fall to the bottom and the liquid becomes clear, similar to what is said: When my heart was embittered, etc. (Psalms 73:21). Likewise, one who is deliberate in judgment causes the removal of all errors that cloud the intellect. But do righteousness immediately without delay — give to him right away and do not put him off. Thus it says here, Do not take a bribe, which is sharp [in Hebrew: ‘chad’] and cuts through judgment quickly. Rather, one must be deliberate in matters of justice. But righteousness is not so; rather, Justice, justice shall you pursue with eagerness and haste, so that you may live, for he who pursues righteousness and kindness finds life. And you shall inherit the land, because proper laws establish people on their land, and a king through justice establishes the land.

Justice, justice you shall pursue, so that you may live and inherit the land that Hashem your God gives you.

צדק צדק תרדף JUSTICE, JUSTICE SHALT THOU PURSUE — go to (search after) a reliable court (Sifrei Devarim 144:14; Sanhedrin 32b). למען תחיה וירשת [JUSTICE, JUSTICE SHALT THOU PURSUE] THAT THOU MAYEST LIVE, AND INHERIT [THE LAND WHICH THE LORD THY GOD GIVETH THEE] — The appointment of honest judges is sufficient merit to keep Israel in life and to settle them in security in their land (Sifrei Devarim 144:15).

JUSTICE, JUSTICE SHALT THOU PURSUE. “Go to seek a reliable court. THAT THOU MAYEST LIVE, AND INHERIT THE LAND. The appointment of qualified judges is of sufficient [importance] to sustain Israel and to settle them upon their Land.” This is Rashi’s language quoting from the Sifre. The reason for the repetition [of the word “justice”] is to indicate that the judges should judge the people with righteous judgment, and you must also pursue justice constantly by going from your place to the place of the great Sages: “after Rabban Yochanan ben Zaccai to Jabneh; after Rabbi [Yehudah Hanasi] to Beth Shearim.”And Rabbi Abraham [ibn Ezra] commented: “Justice, justice. It is mentioned twice in order to indicate that one should pursue justice whether it would be to his advantage or loss. Or [it may be mentioned] one time after another for emphasis.” But in the Midrash of Rabbi Nechunya ben Hakanah the Rabbis interpreted it by way of a secret. They said: “Justice — this is His attribute of justice in the world, as it is said, Justice, justice shalt thou pursue. After that it is written, that thou mayest live, and inherit the Land. If you will judge yourself [knowing whence you came, and whither you are going, and before Whom you are about to give account and reckoning] you will live. If not, He will judge you and affirm [His judgment over you] against your will. And why is justice mentioned twice? Because it is written, from the brightness before Him. The first justice refers to actual justice, this being the Divine Glory, as it is written, righteousness lodges in her. And what is the second justice? It is that which frightens the righteous” [making them fearful that perhaps they do not merit the World to Come]. And there [in that Midrash] it is further explained: “Justice is the helmet of salvation upon His head. The ‘head’ denotes only truth, as it is said, The beginning of Thy word is truth, and ‘truth’ is peace, as it is said, Is it not so, if peace and truth shall be in my days? etc.” If so, Scripture is stating here, “You are to judge in your court [to attain] justice, and pursue therein justice and [try to] achieve it, that thou mayest live in the World to Come with the second justice [which alludes to Him] Who is the Higher Justice, this being the great light hidden for the righteous for the Time to Come, and this is also the Might of the Holy One, blessed be He; and thou shalt inherit the Land, the Land of Israel, with the first justice.”

"Justice, justice" — Moses speaks to the disputants. The reason the word is repeated twice: pursue justice whether one gains or loses by it; or: time after time, all the days of your life; or: for emphasis. "So that you may live" — Moses speaks to those entering the land. "And inherit it" — Moses speaks to their children, and the meaning is that this inheritance shall remain established for you. The first matter a judge must examine rigorously is widespread idolatry, which is prominently addressed first — as in: "You shall not plant for yourself an Asherah" — for such is the way of idolatry: one after another in the midst, as in "Behind one in the midst" (Isaiah 66:17).

צדק צדק תרדוף. When you are about to put this legislation into practice, the party in charge of appointing such judges is told by Moses to select only those who are already known for their sense of fair play and righteousness. He will have to look for such people all over the tribe. If potential judges do not have all the qualifications which are desirable in a judge, this qualification of fairness is the overriding quality all must possess. This is what the prophet Samuel was told by G’d when he had to look for a replacement of King Sha-ul among the sons of Yishai. (Samuel I 16,7) He was specifically told to ignore external appearances. למען תחיה וירשת, such qualities are of even greater importance in the Land of Israel, as a failure to comply would result in the ancestral right to that country being denied to you. Compare Isaiah 57,17 who quotes G’d as telling him that a corrupt judiciary [getting away with sinful greed? Ed.] was a primary cause for G’d’s anger at the people.

צדק צדק תרדף, "Righteousness, righteousness shall you pursue, etc." This is a warning to you that if in one city there can be found two exceedingly wise men and two other men also ordained but not as brilliant as the first two, you should not say that seeing both are competent you will not bother the brilliant ones with your little problem but instead submit it for judgment to the lesser sages. You should always seek out the most renowned judge (scholar) to act as judge in any litigation you are involved in.

צדק צדק תרדוף, “Justice, Justice, you are to pursue;” here too the Torah addresses the litigants. [Bechor Shor notes that this warning is addressed to the judges, as well as to the litigants. Ed.]

צדק צדק תרדוף, “Righteousness, righteousness, you shall pursue.” According to the plain meaning of the text the Torah warns (by repeating) that one must strive to be righteous both in word and in deed. These are the two ways in which one may potentially inflict harm upon both oneself and upon others. Everyone who speaks righteously reflects the fact that his deeds are most likely righteous also; this is why it behooves every Jew to be both righteous in his speech and in his deeds. This sentiment is reflected in Tzefaniah 3,13 when he said of the remnant of the people of Israel that “they shall do no wrong or speak falsehood; a deceitful tongue shall not be in their mouths.” Alternatively, our verse addresses the people who are subject to litigation and exhorts them to strive for righteousness regardless of whether this will be financially beneficial or harmful to them. This is why the Torah repeats the exhortation. A kabbalistic approach, based on Nachmanides: the reason for repeating the word צדק is that the Torah reminds you that righteousness emanates from the emanation צדק. It promises the judge that if he strives to dispense the kind of justice which reflects righteousness, he in turn will be the recipient of input from that emanation. It is something like Exodus 15,16 where Moses prayed (in the song) תפול עליהם אימתה ופחד, “may fear and trepidation fall upon them” (the Gentile nations). The letter ה at the end of the word אימתה which is not really necessary, is an allusion to the final letter ה in the tetragrammaton, the source of this fear in the part of the tetragrammaton which represents the attribute of Justice. [Being imbued with such fear of the attribute צדק is not a threat but a promise in this instance. It is as if judges who practice righteousness will be rewarded with יראת שמים as a result. Ed.]. You will find this approach echoed in the Sefer Habahir items 74-75 where the author, in commenting on the sequence of צדק צדק תרדוף למען תחיה וירשת, explains that the repetition of the word צדק reflects what is written in Psalms 18,13 מנגה נגדו, i.e.[a repetition of נגה and גחלי אש which are two different forms of intense heat, the latter one a weaker reflection of the former one] that the first time the word appears it refers to true righteousness, whereas the second time it is like an echo of the original righteousness practiced. He who strives to perform righteousness will find that it echoes all around him. The reason we call a proselyte who has sought to place himself under the כנפי השכינה, the protective wings of G’d’s presence, a גר צדק is that he has acquired the trepidation for this attribute of Justice which we normally refer to as יראת שמים, “awe of heaven.” [Perhaps this point must be emphasized especially with the convert as he may think that conversion bestows only the welcome acceptance by the attribute of Mercy without simultaneously submitting to G’d as the attribute of Justice. Ed.]. By submitting to that attribute one has embraced Judaism in the full meaning of the word. למען תחיה, “so that you will live,” a reference to the hereafter within the realm of the צדק עליון, the “attribute” צדק in the celestial regions. This region emanates the brilliant light reserved for the righteous. וירשת את הארץ, “and you will take possession of the land.” a reference to the echo of צדק available in our terrestrial world. Eretz Yisrael is perceived as “opposite” the region of the “true” צדק in the celestial regions. Concerning this concept, Solomon said in Proverbs 21,21 רודף צדקה וחסד ימצא חיים צדקה וכבוד, “he who strives to do righteousness, good deeds and kindness, attains life, righteousness and honor.” The meaning of this verse is that if a person while on earth endeavors to live by the standards of the attribute of חסד ה', he will find that he attains the true צדק in the celestial regions, i.e. eternal life.

צדק, צדק תרדוף, “Righteousness, righteousness, you shall pursue!” According to Nachmanides the reason why Moses repeated the word צדק here is to exhort not only the judges to pursue righteousness but also the ordinary citizen to pursue every avenue to ensure that public affairs are run on a basis of righteousness. Judges appointed to a court must be people possessed of a blameless reputation. [Sodom also had judges, but what judges! Ed.] Ibn Ezra writes that the reason the word appears twice is to teach that righteousness must be pursued regardless of whether it results in one’s advantage or even if it is liable to result in one’s disadvantage. Alternately, Moses repeated the word to encourage you to make this pursuit something that is not restricted to a one-time effort, but to urge to keep striving for righteousness.

You shall not plant for yourself an Asherah — any kind of tree — beside the altar of Hashem your God that you shall make for yourself.

לא תטע לך אשרה THOU SHALT NOT PLANT THEE AN ASHERA — This is intended to make one liable to punishment regarding it from the very moment that he plants it (the Ashera); even though he does not worship it he transgresses a negative command by the mere planting of it (Sifrei Devarim 145:1). לא תטע לך אשרה כל עץ אצל מזבח ה' אלהיך THOU SHALT NOT PLANT THEE AN ASHERA, ANY TREE NEAR UNTO THE ALTAR OF THE LORD THY GOD — This is a prohibition addressed to one who would plant a tree or build a house on the Temple mount (הר הבית) (Sifrei Devarim 145:1).

THOU SHALT NOT PLANT THEE AN ASHEIRAH. Any tree planted at the entrance of a house of G-d is called asheirah. Possibly because it ordereth the way aright, directing people’s “steps” [to worship], it is called [asheirah] from the word ‘ashurai’ (my steps) have held fast to Thy paths. Scripture thus admonishes not to plant a tree beside the altar of G-d for beauty and to think that it is an honor and glory to G-d’s altar. He prohibited it because it was a custom of the idolaters to plant trees at the entrances of their idol’s temples, as it is written, further, and throw down the altar of Baal that belongs to thy father, and cut down the asheirah that is by it. Now Rashi wrote: “Thou shalt not plant thee an asheirah. This is intended to make one liable [to punishment] from the very moment of planting; and even if he does not worship it, he transgresses a negative commandment for planting it. And thou shalt not plant any kind of tree beside the altar of the Eternal thy G-d. This is an admonition against planting [trees] or building a [wooden] house on the Temple mount.” If so, Scripture is stating: “thou shalt not plant thee an asheirah ‘nor’ any kind of tree beside the altar of the Eternal.” But building a [wooden] house on the Temple mount is [prohibited by] Rabbinic ordinance based on Scriptural support, for Scripture prohibited only the “planting” — “thou shalt not plant thee an asheirah [prohibiting the planting anywhere of trees intended for idol-worship], nor shalt thou plant thee any tree [for whatever purpose] beside the altar of the Eternal thy G-d.”

לא תטע לך אשרה, in this verse the Torah lists three items whose common denominator is that they appeal to the senses, are desirable, but at the same time are all spiritually negative, harmful. The first one is האשרה, something beautiful and decorative for buildings, but at the same time something ugly from the vantage point of holiness as it is usually a conduit leading to idolatrous practices. Seeing that this is so, we are commanded whenever faced with such choices to give preference to that which leads to spiritual righteousness at the expense of physical perfection or beauty. By the same token, we are to prefer spiritual qualities possessed by someone chosen as a judge to external features, impressive though they may be. The second item is המצבה, even though such a kind of altar was welcomed by G’d as an outlet for someone who wanted to bring an offering to G’d, this was before the Torah had been given. Consider, for example, Exodus 24,4 where the Torah welcomed 12 such monuments erected by Moses, where these monuments symbolised the fact that the person offering a sacrifice considered himself as constantly in the presence of the divine. (compare Psalms 16,8 שויתי ה' לנגדי תמיד, “I feel myself constantly in the presence of the Lord.”) The Jewish people had not been able to maintain this spiritual level after they had committed the sin of the golden calf. Even when such a מצבה is dedicated to heaven it had become hateful in the eyes of the Lord, i.e. G’d had expressed His distaste in Exodus 33,3, after having provisionally “forgiven” the people by appointing an angel to lead them to the Holy Land, but refusing to lead their ascent by His presence being among them. We encounter a similar concept described as the difference between an old man whose beard proclaims his respectability, as opposed to the old man whose beard is disheveled, i.e. reveals traces of a youth which was spent irresponsibly. We look for people whose exterior testifies to their blameless interior, character. [This metaphor is used by the Chazzan in his private introductory prayer on Yom Hakippurim. Ed.] The third item, also reminding us of the rejection of an externally basically beautiful animal as a sacrifice, is a series of blemishes, some quite minor, not affecting the value of the animal in question in the market place at all. Such a blemish in an animal worth 1000 dollars disqualifies it as an offering, whereas another similar animal worth one single dollar, but without such a blemish, is given preference over the far more expensive animal, which is rejected. The Torah gives us three examples to teach us basically the same lesson. What is true of the blemished animal for presentation on the altar, is equally true for the venerable old scholar who is afflicted with some character fault. We are to look further in order to find a less impressive individual not afflicted with such character fault.

לא תטע לך אשרה, "Do not plant for yourself a 'sacred' tree, etc." Our sages in Sanhedrin 7 have said that if one appoints an unsuitable judge this is similar to violating the commandment of this verse. According to the sages then the word לך in our verse means that the appointment of an unfit judge is objectionable only if it was made deliberately in order for those who appointed him to benefit from perversion of justice. If, however, a judge was appointed in all innnocence, and it turned out that this judge was not competent, no sin accrues to those who appointed him. The people who appointed said judge would certainly not be comparable to people who plant an אשרה.

לא תטע לך אשרה, “do not plant for yourself an asherah; even if that asherah was not meant to be used as a place of worship. When conflicting claims face a judge, and he has to decide with which claims to deal with first, he is to deal with any matter that involves idolatry first. The term describes trees at the entrance to house of worship. Rashi understands the verse as prohibiting the planting of a tree or house on the Temple Mount. The words: לא תטע, would refer to the former, and the words: כל עץ, would refer to someone building a house, i.e. even from wood that is not fit to become a tree, having been cut and then reassembled. אצל מזבח, “next to an altar;” it was a common practice for the pagans to do this. This has been explained in Judges 6,25. Furthermore, the purpose of not allowing such trees in such locations was to prevent people seeing someone going there from thinking that that individual was on his way to worshipping an idol. Jeremiah 17,2, describes such worship of an asherah as a widely accepted practice.

לא תטע לך אשרה, “do not plant for yourself an idolatrous tree.” How can a tree be idolatrous? The meaning is that the tree is intended to serve as a focus of worship. The new twist of our legislation here is that the Torah prohibits already the planting of such a tree on pain of the penalty of 39 lashes even if the tree had never served as an object of idolatry (compare Rashi). Isaiah 66,17 severely condemns people who engage in sanctifying themselves before entering such groves (in order to worship the trees). [In other words, the practice of worshipping nature in such a manner was quite widespread.]

You shall not plant, etc., and you shall not set up, etc., you shall not sacrifice, etc. In the Midrash they said (Devarim Rabbah 5:6) that on King Solomon’s throne were six steps, and written on the first was You shall not pervert [judgment], on the second You shall not show partiality, on the third You shall not take [a bribe], on the fourth You shall not plant [an Asherah], on the fifth You shall not set up [a pillar], on the sixth You shall not sacrifice [a blemished animal]. Any intelligent person would be astonished at this sight — what is the connection between You shall not sacrifice, You shall not set up, and You shall not plant to Solomon’s throne which was prepared for judgment? And the statement You shall not sacrifice which seems in your eyes to be remotely connected to a throne of judgment — I will show you that this matter is actually very closely connected, as they said (in Yevamot 101a): “Just as the court was clean in righteousness, so were they clean from blemishes,” as it says (Song of Songs 4:7), You are entirely beautiful, my beloved, and there is no blemish in you. And it is known that there is nothing that comes from the received tradition that does not have support from the Torah, for we do not derive matters of Torah from matters of received tradition (Chagigah 10b). So from where did they learn to say this from the Torah, that the Sanhedrin must be free from all blemishes? Rather, certainly because everyone agrees — even one who does not generally interpret adjacent passages — nevertheless, in Deuteronomy everyone interprets adjacent passages (Yevamot 4a). If so, for what purpose were these six prohibitions placed adjacent to each other? It is to tell you that they all depend on one who sits on the seat of judgment. And the Torah did not say for no reason that the place where the Sanhedrin sits should be near the altar. Rather, it is certainly to learn one from the other, and anything that invalidates the altar itself and the offerings brought upon it — this is what also invalidates the Sanhedrin. Regarding those that are sacrificed on the altar, it is written, You shall not sacrifice to the Lord your God an ox or a sheep which has a blemish, any evil thing (Deuteronomy 17:1). Just as a blemish disqualifies a sacrifice, so too it disqualifies one from being in the Sanhedrin. For every external blemish reveals some internal evil hidden within the body, whether in humans or in animals. Therefore, regarding animals, it says any evil thing, because the visible blemish indicates that there is some hidden evil within it — any sickness or wound. The Torah wrote this for us to reveal the reason why a blemish also disqualifies someone from the Sanhedrin, because the external blemish stems from a root that produces gall and wormwood, as we explained above in Parashat Emor (21:21) on the verse he has a blemish, see there. For example, if he is blind in one eye, we know that bribery caused this; if he is lame, we know that his foot did not stand on level ground and he limps and hesitates between two opinions, and similarly with all blemishes. This is what is meant by “just as they need to be clean in justice, etc.” Why is the blemish associated with justice? Certainly because one depends on the other, as the blemish indicates a corruption of justice. Therefore, the verse you shall not sacrifice is placed adjacent to the verse justice, justice shall you pursue. Just as the altar had to consist of many stones and not a single stone monument, so too the Sanhedrin, because only the One judges alone (Avot 4:10). Therefore, the Sanhedrin needed to be many members, for people of high standing are compared to precious stones in many places in Scripture. Therefore, it was written on Solomon’s throne: You shall not erect for yourself a monument. And regarding You shall not plant for yourself an Asherah, our Sages taught (in Sanhedrin 7b): Anyone who appoints an unworthy judge is as if he planted an Asherah, and if appointed in a place of Torah scholars, it is as if he planted it next to God’s altar. This is a serious warning against arrogance, and we learn this also from the altar, as God did not desire an altar of silver and gold, but rather an altar of earth you shall make for Me, which indicates the trait of humility. And our Sages said (Avot 4:9): One who is arrogant in rendering legal decisions is a fool, wicked, and haughty. As it is written (Psalms 25:9): He guides the humble in justice. We elaborated on the reason for this matter above in Parashat Mishpatim, based on the Midrash quoted in the Yalkut on this parashah regarding the verse Judges and officers. A parable of a king who had a beautiful orchard and had a young son, etc., and there we provided a precious explanation of this Midrash that confirms this concept that arrogance corrupts all judgments. The root of the corruption sprouts from judges who were appointed for prestige and happiness due to their own haughtiness or that of their relatives who pursue excessive honor and authority. They establish this Asherah so that one may be “fortunate” [me’ushar] in the land, as suggested by the term “Asherah.” Our Sages (in Sotah 5a) said, “Anyone who is arrogant deserves to be cut down like an Asherah,” which implies that the Asherah and those who seek its shelter share the same fate — both are cut down and destroyed. And “in a place of Torah scholars, it is as if they planted it next to the altar,” referring to where the Sanhedrin sat, which is the place of Torah scholars. And in our generation, how many asherot are planted in every city! They do not discriminate whether it is in a place of Torah scholars or not. Even if there is in his city an exceptional Torah scholar of great learning and piety, all his wisdom will not help him. For in any case, each person will choose his relative or his in-law, whom he knows will flatter him or oppose his enemy. And this breach is fully widespread among the many of my people — for the honor of the seed of Abraham it is time to be brief. Nevertheless, I have succeeded in providing a precious explanation of the connection between these six prohibitions.

לא תטע לך אשרה, “Do not plant for yourself a tree that symbolises idolatry.” Nachmanides writes that any tree planted at the entrance of the Temple is described as אשרה, suggesting that a reason for this might be the fact that in Psalms 50,23 the words ושם דרך אראנו, instead of using the conventional translation, could be read with the letter ש having the dot on the right, so that it would mean “and there I will show him the way.” When Bileam (Numbers 24,17) speaks about visions he has, he describes them also as אשורנו, the same as אראנו, “I will see it.” If in the popular parlance of the gentiles, such trees are spiritually symbolic, the Torah does not want us to employ idolaters’ symbols in connection with our spiritual Center. [Moreover, we must not confuse the holiness of beauty (in nature) with the beauty of holiness. [My version of the concept. Ed.]

אצל מזבח, for this is where they usually planted these asherot. We are told in Judges 6,25 that G’d told Gideon in a dream to destroy the asherah next to the altar of the Baal belonging to his father. Jeremiah 17,2 laments the fact that his own people had taken to planting such asherot near every green tree. לא תטע לך אשרה, כל עץ, no tree must be planted in the courtyard of the Temple as its proximity to the altar was liable to lead the people to perform some kind of worshipful gesture as they were familiar with having observed the Canaanites do so.

לא תטע לך אשרה, “do not plant for yourself an asherah; (tree to serve as something to be worshipped.) The wording of the Torah makes it plain that even the mere planting of such a tree is a culpable offense. The Canaanites used to surround the altars for the baal with trees. We know this from Judges 6,28 where Gideon is reported with uprooting those trees and destroying the altar. It appears that when these idolaters sacrificed on their altars the sacrifices were in honour of these trees.

And you shall not erect for yourself a standing pillar, which Hashem your God hates.

ולא תקים לך מצבה NEITHER SHALT THOU RAISE ANY MONUMENT — i.e. a monument of one stone (cf. Rashi on Deuteronomy 12:3), not even in order to sacrifice on it to Heaven (to God). אשר שנא WHICH [THE LORD THY GOD] HATETH — An altar of stones and an altar of earth He has commanded you to make; this, however, He hates, because it was a religious ordinance amongst the Canaanites. And although it was pleasing to Him in the days of our Patriarchs (cf. Genesis 28:18), now He hates it because these (Canaanites) made it an ordinance of an idolatrous character (cf. Sifrei Devarim 146).

NEITHER SHALT THOU SET THEE UP A PILLAR — “a pillar of one stone, even for the purpose of sacrificing to Heaven upon it. WHICH THE ETERNAL THY G-D HATETH. An altar of earth and an altar of stones has He commanded you to make, but He hates this [one-stone pillar] because it was an ordinance of the Canaanites [for idol-worship]. Although it was pleasing to Him at the time of the patriarchs, He hates it now, because these [Canaanites] have made it an ordinance in the worship of the idols.” This is Rashi’s language. If so, Scripture prohibited [the planting of] an asheirah [anywhere], it enjoined against planting [trees] on the Temple mount although the intent be to Heaven, and it prohibited a pillar [erected] for Heaven — both [prohibitions, against trees and against pillars,] on account of the ordinances of the Canaanites. But I have not understood this ordinance, for the Canaanites used altars as well as pillars since Scripture states, And ye shall break down their altars, and dash in pieces their pillars; for ye shall break down their altars, and dash in pieces their pillars and similarly in all places; [hence all altars should have been prohibited even for the worship of G-d]! Perhaps we may say that the Canaanites were primarily devoted to pillars, and they had no idolatrous temple without a pillar upon which to sacrifice and pour oil upon its top, similar to what is stated with reference to Baal, And they brought forth the pillars that were in the house of Baal. However, only a few of their temples also had altars upon which to sacrifice [hence Scripture did not prohibit altars built to be used for Heaven].It appears to me that the Canaanites, who were engrossed in idolatry, used to make in all temples of their gods an altar on which to bring sacrifices, erected a large stone at the entrance of the temple for the priests to stand upon, and planted a tree outside it to point the way for those who come there. They still do so to this day. Now the Glorious Name hates and despises all their deeds and He prohibited the pillar and the asheirah. He left only the altar because it is a necessity for the offerings concerning which He commanded. They were a source of pleasure before Him — because He ordained them and His Will was done — even prior to the existence of idol-worship on earth. WHICH THE ETERNAL THY G-D HATETH. The purport thereof is that he is explaining that G-d had commanded, an altar of earth shalt thou make unto Me, And if thou make Me an altar of stones, and so, Moses explained, He desires these [altars] excluding the pillar. He hates it because, all their deeds being detestable before Him, He commanded Israel not to copy their deeds. In the days of Jacob, however, the prohibition Neither shall ye walk in their statutes had not yet been ordained and he, therefore, used the pillar in worshipping G-d as was the custom of those who worshipped [the True G-d in the days of Jacob]. This commandment is thus understood as proceeding from the...

"And you shall not erect for yourself a pillar" — for idolatrous purposes. The proof is: "which He hates" — but a pillar not for idolatrous purposes is not forbidden. The reliable proof is in the Torah portion of Vayishlach concerning Jacob.

ולא תקים לך מצבה, “neither are you to erect a pillar for yourself;” Rashi explains that even if that pillar is not in honour of idolatry but in honour of Hashem, this is not an acceptable venue for honouring Hashem. Nachmanides writes that if Rashi were correct then Moses should also have prohibited the erecting of altars, seeing that this is also a cultural symbol of all idolaters and we are commanded not to copy their cultural mores (Leviticus 18,3). Moreover, the Torah expressly commanded us to destroy all such altars, not only not to erect them. (Compare Deut. 12,3) Perhaps we need to understand what is written here in light of historical facts. The Canaanites, i.e. every one of them, owned a pillar used for idolatrous purposes, whereas only a minority of them actually built altars to offer sacrifices to their deities. Hence, Moses draws a distinction between the two types of idolatrous symbols. Personally, (Nachmanides continuing) I believe that the Canaanites erected altars in each one of their temples for the purpose of offering sacrifices thereon; at the entrance to each temple they had erected a tall pillar on which their priests stood. Beyond that, at the entrance they had planted decorative trees in order to serve as landmarks for the people approaching the temple. The local Christian population in that country does so even in our time. Hashem hates all their “cultural” displays and He outlawed every pillar and every tree located in an entrance of a temple, house of worship. He did not outlaw altars altogether, as they are needed for facilitating the Jewish way of presenting sacrifices to Hashem. In Yaakov’s time this prohibition was not yet in force, as the general principle of ובחוקותיהם לא תלכו, “do not adopt any of their religious or cultural mores,” had not yet been legislated. This is why Yaakov had been free to anoint pillars, erect altars, and the like in order to worship Hashem Nowadays, after the revelation, all of this has been outlawed as it would create the impression that we are not so different from other religions. Or, we would even stoop as low as to bow down to a אבן משכית, a flooring stone. (Leviticus 26,1) [Mosaic flooring with or without images as part of the pattern]

ולא תקים לך מצבה, even in honour of G’d, to offer incense upon it at a time when private altars had already been banned. This prohibition went into effect after the Israelites had settled in the country and a permanent altar had been established to serve the whole nation such as in Shiloh, which served for over 300 years before the Temple of Solomon. (compare also what is written in Deut. 12,8) [Sadly, the commandment to do away with private altars was not even enforceable during the reign of Torah-observant Kings of Yehudah with the exception of King Yoshiyahu. Compare Kings II chapter 23. These altars had been used only to sacrifice to G’d, not to idols. Ed.]