Numbers in [square brackets] are the mitzva-count of the Sefer HaChinuch
Kohen - First Aliya - 12 p'sukim - 21:10-21 This is not an ideal situation; commentaries consider this to be one of the mitzvot that is a "concession to the base inclinations of a man" in the heat of battle. Nonetheless, these mitzvot are part of a reality of Jewish Life (in different times, perhaps) and they do tell us (even today) something about the difference between armies of the world and the Jewish army. We are not supposed to behave like other people - even in the "heat of battle". My brother tells of Lebanon during Sh’lom HaGalil that he and some buddies went into a grocery store, each taking several items off the shelf and bringing them to the checkout counter. The owner of the store stood behind the counter, cowering in fear. What do you want, he asked in trepidation. To pay, our soldiers responded. And so the astonished storekeeper got to see firsthand the difference between the Jewish Army and the rest of the world. (He adds that he found a certain product with a Hashgacha from the States, that wasn’t even available in Israel.) If he decides after the one-month waiting period not to marry her, he must release her without abusing or humiliating her [533,534]. A man may not favor the son of his beloved wife over his firstborn from a "less-loved" wife. (Implication from the juxtaposition of these two topics is that marrying for the wrong motive likely leads to a "hated wife".) This passage is the source of the firstborn's inheritance. Ramban counts two mitzvot here - the positive command to give the firstborn a double portion and the prohibition of not giving it to him. Rambam and the Chinuch include the rules of the firstborn as part of the laws of inheritance from Parshat Pinchas and not separately here. This is just one of many examples of different countings among the Sages who attempted to identify the traditional 613 mitzvot. [SDT] The Vilna Gaon sees a hint to the double portion of the B'chor in the letters of the word B'CHOR: BET-KAF-RESH. Each letter is double of the letter before it - BET is double ALEF, KAF is double YUD, REISH is double KUF. (No other letters are like that.) The "rebellious son" is warned by his parents to mend his ways. If he con- tinues to defy them, violates certain mitzvot, engages in a specific sequence of actions, and if he is of a specific age and at a particular stage of physical development, and his parents are healthy, normal, and deemed to be on equal levels of character, then, and only then, would it be possible to execute him as a "Ben Sorer U'moreh". Although it is (almost) impossible to reach that ultimate point - and sources indicate that there never actually was a case of "the rebellious son" - this portion of the Torah serves as a stern warning to wayward children AND their parents! Some mitzvot seem to be intended primarily as deterent and Mussar.
The hanging of the body after execution (in some cases, not all) serves as a deterrent for others and is part of the atonement process for the soul of the guilty party. Using "Kal VaChomer", we are taught that burial, in general, and "as soon as is feasible", in particular, is the proper procedure for the dead [537]. Note that although the Torah here speaks only of the executed "felon", the mitzva from the Torah includes burial of all Jewish dead. This is not a Rabbinic deduction, extension, or legislation - it is part of Torah Law - the Oral Law. One is required to return identifiable lost objects to their rightful owners [538], even if doing so is difficult. One cannot ignore this responsibility [539] even if it is easier to just leave the object alone. Technically, the laws of LOST & FOUND apply to possessions of fellow Jews. However, with the potential for Kiddush HaShem and its opposite, depending upon what one does, it is important to go out of one's way to return a lost item to a non-Jew as well. Nor may one ignore a fellow's beast of burden that has collapsed under its load [540]. One is required to help his fellow load his animals [541]. Sefer HaChinuch points out that this mitzva-pair apply to other animals, not just donkey, and they apply to people as well. If you see a fellow human over- loaded with what he/she is carrying (or trying to carry), it is a mitzva to help out. Men and women may not interchange apparel [542,543] nor do certain things that are specific to the opposite sex. Targum Yonatan on this pasuk defines male apparel as the mitzvot of Talit and T’filin. Since these mitzvot are WORN, and not just performed, he considers them specific male mitzvot that women may not fulfill. Many other authorities disagree and consider women to be exempt from these two mitzvot, but not forbidden to them. When one happens upon a (kosher) bird's nest (in the wild), it is forbidden to take the mother bird alone or with her eggs/chicks [544], but one may (must? this is the subject of a dispute with a decidedly kabalistic flavor) take the eggs/chicks if one first sends the mother bird away [545]. This is an enigmatic mitzva that defies logic. It is shrouded in mysticism, more so than most mitzvot. Although our Sages attribute kindness to animals as the reason (or part of the reason) for some mitzvot - e.g. not muzzling an animal that is working with food, helping to unload a beast of burden, not plowing with an ox and a donkey together - they (our Sages) warn us against attempting to attribute kindness and mercy to this mitzva of SHILU’ACH HAKEN. If not muzzling an animal is an act of kindness, then it should apply to kosher and non-kosher animal alike. And it does. But Shilu’ach HaKen does not apply to non-kosher birds. That alone (there are other factors) says that there is more to this mitzva than meets the eye. If you catch animals in the wild for a zoo, can you take an eagle mother and her chicks together? It isn’t forbidden by Shilu’ach HaKen, but does that mean it’s permitted? Maybe it is forbidden because of Cruelty to Animals. Can you take eggs away from an ostrich’s nest after chsing away the mother bird? No [544,545]. It might be permitted and it might be forbidden. We cannot tell because we don’t know the whole story with this mitzva-pair.
Oral law defines these mitzvot as more inclusive than just one's roof. Rabbinic law, "taking the Torah's lead", extends "safety & health" rules to many areas. E.g. Primary smoking aside (a strong case can be made to consider this health/life threatening practice a Torah prohibi- tion), it should be obvious that smoking in the proximity of others violates the essence of mitzva #547. Regarding this mitzva, Rambam says that a person may not tell others: "Don't tell me what to do; if I want to risk my health or life, it's my business". This is punishable by MAKAT MARDUT. This is something to keep in mind when you decide to "talk to" your favorite smoker. One may not plant mixed grains in a vineyard [548], nor may one eat the resulting products [549]. Note: Sometimes, one may benefit from the result of a forbidden mixture. E.g. a mule may be used, even if produced in violation of the prohibition of cross- breeding. As opposed to this mitzva of "K'lai Kerem", which is forbidden across the board. Plowing with ox and donkey together is forbidden, as is the tying together of any non-compatible animals (or humans) for any purpose [550]. Rambam holds that the Torah prohibits any combination of a kosher and non- kosher animal, based on the fact that the Torah's example is one of each. Rambam says that combinations of two kosher or two non-kosher animals is forbidden by Rabbinic law. Many authorities challenge the Rambam's distinction and say that it is all Torah law. Do not wear Shaatnez (garments of wool and linen together)
[551] (As a mitzva, tzitzit was counted previously, but its juxtaposition to Shaatnez here is an example of a positive mitzva that overrides a negative; a linen garment may have woolen tzitzit attached - this applies only when all aspects of tzitzit are observed, i.e. T'cheilet. Extra note: Rambam bans wearing Shaatnez in Tzitzit, lest one fall asleep or forget to remove the garment at night, when one is exempt from Tzitzit and would be in violation of Shaatnez. This is a rabbinic prohibition of something the Torah permits) It is a mitzva to marry according to Jewish Law and for the
husband to write a K'TUBA for his wife with various promises and assurances
[552]. The court must carry out the punishment of "stoning" when
required [555]. A man who forces himself on an unmarried maiden must pay a fine to her father. If the girl wants to be married to the man, he must marry her and never divorces her (unless she insists). [557,558]. A man may not marry his father's former wife. Certain types of castrated men have marriage restrictions [559] as do "mamzerim" [560]. Amonite and Moabite males may not marry into the "Congregation of G-d" [561], because of the cruel, inhos- pitable behavior of those two nations towards Israel. Nor may we ever offer those two nations peace as an alternative to war, as is required of other enemies [562]. Note that the Torah is giving a reason for a mitzva, something that it rarely does. However, it is precisely the reason that allowed our Sages to declare Ruth the Moabite to marry into the Jewish Nation.
A military camp must be kept spiritually and physically
clean. Sanitary facilities must be provided outside the camp and soldiers
must be equipped with appropriate tools for maintaining proper sanitation
[566,567]. Conceptually, we must realize that G-d's presence among us is affected by our moral behavior. Thus, these mitzvot have ramifications to Jewish society as a whole, and not merely in a military setting. A slave who has escaped his master and run to us for protection, may not be returned. Nor may we abuse a slave who seeks haven in E. Yisrael [568,569]. Prostitution is forbidden [570] and its revenues may not be used for sacred matters [571]. (Some consider sex between unmarried partners part of mitzva #570.) Although interest on personal loans may not be taken from a Jew, it is acceptable (and correct) to lend to non- Jews with interest [572,573]. This is so because society in general accepts the reasonableness of charging moderate interest on loans. Since a non-Jew can charge a Jew interest, the Torah gives us permission to take interest from them. Usury, loan sharking, would be recognized as a "universal" wrong- doing; the ban against any interest is a special spiritual requirement of the Jew. Pledges to the Temple must be redeemed within the cycle of the three festivals [574]. It is advisable to refrain from making promises, but once made, a person must keep them [575]. (Hatarat N'darim provides an "out" for certain ill-advised promises.)
We see a beautiful balance in the area of Torah Law as it relates to boss- worker relations. On the one hand, the worker is allowed to eat from that which he picks. On the other hand, he cannot do this while he is actually working, as this would reduce his efficiency, thereby short-changing his boss. On the other hand, the boss must provide breaks during the day, when the worker is allowed to eat. On the other hand, the worker may not take any of the fruits home with him, without permission. Talmudic law adds to this list for both sides. Boss may not take advantage of worker, and worker may not take advantage of their boss. If a married couple wants to end their marriage, it must be done with a proper "get" [579]. If a divorcee has remarried, and is subsequently widowed or divorced, she cannot remarry her first husband [580].
Shishi - Sixth Aliya - 6 p'sukim - 24:5-13 One may not take vessels used for preparing food as a security against a loan [583]. We must be sensitive to the needs of the borrower. Kidnapping and selling the victim is a capital offense. Kidnapping was already prohibited by Commandment 8, LO TIGNOV (i.e. stealing a person). That was the "warning"; this is the "punishment". Both are needed. We must not remove signs of "Tzora'at" [584]. Always remember what happened to Miriam. [Although Rambam and Chinuch do not count this "remember" among the 613, other mitzva-counters do.] We must not be overly forceful in the taking of a security from a poor person who has borrowed from us [585]. We must not withhold that which has already been taken from him; if he needs it, we must return it to him [586,587].
Close relatives may not testify against (or for) one another in criminal cases [589]. There is also the implication here that a person will not be punished for deeds of his parents or children. One must not pervert justice even on behalf of an orphan [590]. Securities for a loan must not be taken from a widow [591]. Our experience in Egypt is to be remembered as the motive for many of these "sensitizing" mitzvot. That which is forgotten in the fields after harvesting must be left for the poor; one should not return for it himself [592,593]. The punishment of makot (whipping) is to be administered by the courts to those found guilty of sins punishable thusly, but care must be exercised not to exceed the required number of lashes [594, 595]. Do not muzzle an animal when it is working with food [596]. The widow of a man without children is forbidden to marry anyone [597] until... She either "marries" her brother-in-law (Yibum) [598] or the relationship is broken by chalitza [599], in which case she may marry anyone else. If person "A" is pursuing "B" to kill him, we have an obligation to save B's life even if it means killing A [600]. We cannot show mercy to the pursuer (A) [601]. If it is possible to stop "A" without killing him, we must do so - to kill him in this case would be an act of murder. (Not only may one not use false measures, but) mere possession of false dry or liquid measures or weights is forbidden [602]. Honest weights and measures is one of the pillars of society; G-d despises those who cheat in business. The final portion of the sedra is Zachor. We are commanded to remember what Amalek did to us on our way out of Egypt [603]. The Jewish People as a whole are commanded to destroy the remnant of Amalek from this world [604]. We must never forget Amalek [605]. Technically, these mitzvot apply to the specific Amalek nation. The idea, however, must be extended to the Amalek-types that have plagued us throughout Jewish history. These final 3 p'sukim of the sedra are reread for the Maftir. (They also make up Parshat Zachor. Baal Korei and congregation should have in mind the mitzva to remember Amalek. Even though the Sages fixed a time for this mitzva, it is essentially an untimed mitzva. Asking the Baal Korei to have kavana for the mitzva of remembering Amalek is particularly apt this year, since more than 12 months will pass between the last time and the next time we hear Parshat Zachor. We should remember Amalek at least once a year.)
Rabbi Jacobs notes (in his A Haftara Companion) that the sedra has many references to husband and wife and that the haftara heavily uses the image of husband and wife to describe the relationship between G-d and Israel. [The
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