Shoftim 5th Portion
The Prophet
14 The
nations you will dispossess listen to those who practice sorcery (see 10) or
divination. But as for you, the Lord your God has not permitted you
to do so [to hearken to them for he reposed his Divine Presence on the prophets
and the Urim and Tummim].
Rashi’s Commentary
But . . . the Lord your God has not permitted you—i.e. to listen to those who practice sorcery
or divination, for you see, he has made his Divine Presence
dwell upon the prophets and upon the “Urim and Tummim” (and
these will, if necessary, inform you of what God has in store for you).
15 The Lord your
God will raise up for you [in my place, and so, from prophet to prophet] a
prophet like me from among you, from your fellow Israelites [i.e., just as I am
from among you and from your fellow Israelites]. You must listen to him.
Rashi’s Commentary
A prophet like me from among you, from your fellow Israelites—This means: One who is as I am, from among
you, from your fellow Israelites, will he raise up for you in my stead, and so likewise from prophet to prophet throughout all
ages.
16 For this is what you asked of the Lord your God at Horeb
on the day of the assembly when you said, “Let us not hear the voice of
the Lord our God nor see this great fire anymore, or we will die.”
Sifrei Devarim 176:1
For this is what you asked of
the Lord your God at Horeb—By this they
merited that prophets arise for them, viz. (Ibid.) Let us not hear
the voice of the Lord our God. (Ibid. 17) The Lord said
to me: “What they say is good.”—They have anticipated the “Divine
Intelligence,” viz.
17 The Lord said
to me: “What they say is good.
18 I
will raise up for them a prophet like you from among their fellow Israelites,
and I will put my words in his mouth. He will tell them everything I command
him.
19 I
myself will call to account anyone who does not listen to my words that the
prophet speaks in my name [one who suppresses his prophecy, one who
transgresses the words of a prophet, and a prophet who transgresses his own
words incur death at the hands of Heaven].
Sanhedrin 89a:8
But
with regard to one who suppresses his prophecy because he does not want
to share it with the public, and one who contemptuously forgoes the
statement of a prophet and refuses to heed it, and a prophet who
violated his own statement and failed to perform that which he was
commanded to do, his death is at the hand of Heaven, as it is stated: “I
. . . will call to account anyone who shall not listen to my words that the
prophet speaks in my name” (Deu 18:19).
Sanhedrin 89a:14
One who suppresses his prophecy, and
one who contemptuously forgoes the statement of
a prophet, and a prophet who violated his own statement, their execution is at
the hand of Heaven, as it is written: “I . . . will call to account anyone
who shall not listen to my words that the prophet speaks in my name” (Deu
18:19). The reference is to one who forgoes the statement of a prophet. Read
into the verse: Who shall not voice; the reference is to one who
suppresses the prophecy. And read into the verse: Shall not heed;
the reference is to one who violated his own statement. And it is written
with regard to all of these: “I . . . will call to account,” meaning he
is liable to receive death at the hand of Heaven.
20 But
a prophet who presumes to speak in my name anything I have not commanded [but
which I commanded his fellow prophet], or a prophet who speaks in the name of
other gods [even if he is in agreement with the Jewish law, forbidding what is
forbidden, and permitting what is permitted], is to be put to death” [by
strangulation. Three incur death by strangulation: one who prophesies what he
did not hear, one who prophesies what was told to his fellow, and one who
prophesies in the name of idolatry.]
Rashi’s Commentary
To speak . . . anything I have not
commanded—But which I may have
commanded his fellow-prophet to speak (Sanhedrin 89a).
Or . . . who speaks in the name of
other gods—Even though he be in
exact agreement with the Jewish law, that he forbids what
is forbidden, or permits what is permitted, but does so in the name of other
gods (Sanhedrin 89a).
Is to be put to death—By strangulation. There are three false prophets
who must be put to death by man (by the court): one who prophesies something
which he has not heard (was not commanded to prophesy); one who prophesies
something that was not spoken unto him but was spoken unto his fellow-prophet,
and finally one who prophesies in the name of an idol. But he who suppresses his
prophecy (does not utter it as commanded to do), and he who transgresses the
words of a prophet, or, being himself a prophet, transgresses his own words—their death is by the Heavenly Judge, for it is said, (v. 19) “I . . .
will call to account anyone” (Sanhedrin 89a).
SifreiDevarim 178:1
Then he is to be put to death—By the unqualified “death penalty” of the Law, i.e.,
strangulation.
21 You
may say to yourselves [as you will in the incident of Hananiah, the son of
Azzur and Jeremiah (see Jer 27:16, 19-22)], “How can we know when a message has
not been spoken by the Lord?”
22 If
what a prophet proclaims in the name of the Lord [i.e., “This and this
shall happen to you”] does not take place or come true, that is a message
the Lord has not spoken [and put him to death. (For an instance in
which he says: “The Lord has told me to tell you to do thus and thus,” see
13:9 and 15 above)]. That prophet has spoken presumptuously, so do not be
alarmed [and do not fear incurring punishment because of him].
Rashi’s Commentary
Do not be alarmed—i.e. do not refrain from advocating his guilt (SifreiDevarim
178:3) and do not fear that you may incur punishment on his
account (because you have contributed to his death).
Cities of Refuge
1 When
the Lord your God has destroyed the nations whose land he is giving
you, and when you have driven them out and settled in their towns and houses,
2 then
set aside for yourselves three cities in the land the Lord your God
is giving you to possess.
3
Determine the distances involved [“refuge” signs were posted on the crossroads]
and divide into three parts the land the Lord your God is giving you
as an inheritance [so that there be equal distances from the beginning of the
border to the first city of refuge, from there to the second city, from there
to the third city, and from there to the second border of Israel], so that a
person who kills someone may flee for refuge to one of these cities.
Makkot 9b:15
The mishna continues: And roads were
aligned for them from this city, i.e., all cities, to that city,
i.e., they would pave and straighten the access roads to the cities of refuge, as
it is stated: “Prepare for you the road and divide into three parts the
land the Lord your God causes you to inherit, that a murderer may
flee . . . to . . . these cities” (Deu 19:3).
Makkot 10b:1
Refuge was written on signs at every crossroads marking the path to a city of
refuge, so that the unintentional murderer would identify the
route to the city of refuge and turn to go there. Rav Kahana said:
What is the verse from which this is derived? “Prepare for you the road”
(Deu 19:3), meaning: Perform for you preparation of the road.
Rashi’s Commentary
Determine the way—“Refuge!” “Refuge!” was inscribed at each crossroad
(to point the way to the nearest city of refuge) (Makkot 10b).
And divide into three parts the land—So that from the point where the boundary begins
unto the first city of refuge there should be the same length of journey as
there is from it to the second city; and that there should be the same distance
from the second to the third and from the third to the other (opposite)
boundary of the Land of Israel (Makkot 9b).
4 This
is the rule concerning anyone who kills a person and flees there for
safety—anyone who kills a neighbor unintentionally, without malice
aforethought.
Makkot 9b:16
And the
court would provide the unintentional murderers fleeing to a city of
refuge with two Torah scholars, due to the concern that perhaps
the blood redeemer, i.e., a relative of the murder victim seeking to avenge his
death, will seek to kill him in transit, and in that case they,
the scholars, will talk to the blood redeemer and dissuade him from
killing the unintentional murderer. Rabbi Meir says: The unintentional
murderer also speaks on his own behalf to dissuade the blood redeemer, as
it is stated: “This is the rule concerning the murderer who . . . flees
there for safety” (Deu 19:4), indicating that the murderer himself speaks.
Makkot 10b:11
The Gemara rejects this proof: No,
the statement of the Torah scholars to the blood redeemer can be explained as
it is taught in a baraita: And they will speak to him about matters
appropriate to him. They say to the blood redeemer: Do not accord him
treatment appropriate for murderers, as it was unintentionally
that he came to be involved in the incident. Rabbi Meir says: The
unintentional murderer too speaks [medabber] on his own behalf to
dissuade the blood redeemer, as it is stated: “This is the rule concerning
the murderer who . . . flees there for safety” (Deu 19:4), indicating that
the murderer himself apologizes and speaks to the blood redeemer. The Sages said
to Rabbi Meir: Many matters are performed more effectively
through agency.
Makkot 12b:10
MISHNA: Similarly, in the case of a murderer who was exiled to a city of refuge
and the people of the city sought to honor him due to his prominence, he
shall say to them: I am a murderer. If the residents of the city say to
him: We are aware of your status and nevertheless, we wish to honor
you, he may accept the honor from them, as it is stated: “This is the
rule concerning the murderer” (Deu 19:4), from which it is derived that the
murderer is required to say to them that he is a murderer. He is not required
to tell them any more than that.
5 For
instance, a man may go into the forest with his neighbor to cut wood, and as he
swings his ax to fell a tree, the head may fly off [or, “the head chip (aught)
of a tree”] and (the head or the chip) hit his neighbor and kill him. That man
may flee to one of these cities and save his life.
Makkot 2b:2
The mishna teaches that in a case where
two witnesses came before the court and said: We testify with regard to
so-and-so that he is liable to be punished with exile, one does not
say that these witnesses shall be exiled in his stead; rather, they receive
forty lashes. The Gemara asks: From where is this matter derived? Reish
Lakish says: It is derived from a verse, as the verse states with
regard to an unwitting killer: “And that man may flee to one of the cities”
(Deu 19:5), and the Gemara infers: That man may flee, but conspiring
witnesses may not.
Makkot 8a:5
In the case of one who threw the
stone into his courtyard and killed a person, if the victim had
permission to enter into there, the murderer is exiled, but if not, he
is not exiled, as it is stated with regard to the cities of refuge: “And
as a man who goes into the forest with his neighbor” (Deu 19:5), from which
it is derived: Just as with regard to a forest, the victim and the
assailant both have equal permission to enter there, so too,
with regard to all places that the victim and the assailant have
permission to enter there, the killer is liable. This serves to exclude
the courtyard of the homeowner, where the victim and the assailant do not
both have permission to enter there. Since the victim had no right to
enter his courtyard, the unintentional murderer is exempt from exile.
Makkot 8a:10
The mishna teaches that Rabbi
Eliezer ben Ya’akov says: If after the stone left his hand the other person
placed his head out into the public domain and received a blow from the stone,
he is exempt. The Gemara cites a related baraita. The Sages taught
that it is written: “And . . . the head displaces from the wood and finds his
neighbor and he dies” (Deu 19:5), from which it is inferred: “And finds”;
this serves to exclude one who presents himself and is thereby
killed by the stone. From here Rabbi Eliezer ben Ya’akov says: If after the
stone left his hand the other person placed his head out into the
public domain and received a blow from the stone, the murderer is exempt.
Rashi’s Commentary
The head may fly off—Heb. וְנָשַׁל הַבַּרְזֶל מִן-הָעֵץ. Some of our Rabbis say that this means that the head of the
ax flew off; but some of them say that it means that the head made a
splinter of wood fall off from the tree which was being chopped, and it sprang
off and killed him (Makkot 7b).
6 [I
tell you to determine the distances involved (3) and numerous cities of refuge]
otherwise, the avenger of blood might pursue him in a rage, overtake him if the
distance is too great, and kill him even though he (the slayer) is not
deserving of death, since he did it to his neighbor (the victim) without malice
aforethought.
Rashi’s Commentary
Otherwise, the avenger of blood
might pursue him—Therefore I
tell you to determine the way and to
determine many cities of refuge.
7 This is why I command you to set aside for yourselves three
cities.
8 If
the Lord your God enlarges your territory, as he promised on oath to
your ancestors [to give you the land of the Kenites, Kenizzites, Kadmonites
(Gen 15:19)], and gives you the whole land he promised them,
Rashi’s Commentary
If the Lord your God
enlarges your territory, as he promised on oath to give you the land of the Kenites, the Kenizzites and the
Kadmonites (Sifrei Devarim 184:3).
Sifrei Devarim 184:1
If the Lord your God
enlarges your territory—Follow all these laws stated
herein, in reward for which the Lord will enlarge your territory.
9 because
you carefully follow all these laws I command you today—to love
the Lord your God and to walk always in obedience to him—then you are
to set aside three more cities [—nine in all: three across the Jordan, three in
the land of Canaan, and three in time to come].
Rashi’s Commentary
You are to set aside three more cities—Thus you have nine altogether: the three on the
east side of the Jordan, the three in the land of Canaan and three more in the
future to come when God will enlarge your territory (Sifrei
Devarim 185:1).
Sifrei Devarim 185:1
Because you carefully follow all
these laws . . . then you are to set aside, etc.—From
here we see that Moses set aside three cities (of refuge) across the Jordan.
When they came to Eretz Yisrael, they set aside another three, and in time to
come, they are destined to set up another three. Three superadded to three—six,
and another three—nine together.
10 Do
this so that innocent blood will not be shed in your land, which the Lord your
God is giving you as your inheritance, and so that you will not be guilty of
bloodshed.
Sifrei Devarim 186:1
Innocent blood will not be shed in
your land, which the Lord your God is giving you as your inheritance—The court is hereby being exhorted to
this end.
11 But
if out of hate [transgressing Lev 19] someone lies in wait [transgression of a
“light” commandment leading to transgression of a grave one], assaults and
kills a neighbor, and then flees to one of these cities,
Sifrei Devarim 187:1
Assaults (Ibid. 12) The
killer shall be sent for by the town elders, be brought back from the city—From here R. Yossi b. Yehudah says: If one slays a soul, whether
unwittingly or wittingly—all proceed to the cities of refuge, and the court send and bring the killer from the city.
12 the
killer shall be sent for by the town elders, be brought back from the city, and
be handed over to the avenger of blood to die.
13 Show
no pity. [Do not say: One has already been killed—why kill two Jews?] You must purge
from Israel the guilt of shedding innocent blood, so that it may go well with
you.
Rashi’s Commentary
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