meta: {"file": "/data/tomer/Sefaria-Export/txt_done/Mishnah/Seder Nashim/Mishnah Sotah/English/Sefaria Community Translation.txt"}
text: Mishnah Sotah
  משנה סוטה
  Sefaria Community Translation
  
  
  Mishnah Sotah
  
  
  
  
  
  A man who warns his wife: Rabbi Eliezer says: he warns her [of his suspicions] before two [witnesses], and he makes her drink [the bitter waters] on the testimony of one witness or by his own testimony. Rabbi Yehoshua says: he warns her before two witnesses and makes her drink on the testimony of two [witnesses].
  How does he warn her? If he says to her before two [witnesses]: "Do not speak with a certain man," and she speaks with him, she is still permitted to her house [her husband] and permitted to eat <i>Terumah</i> [if she is married to a priest].  If she meets with him secretly in a house and stays with him long enough to become impure, she is forbidden to her house [her husband] and forbidden to eat <i>Terumah</i>.  And if [her husband] dies [childless], she performs the <i>Chalitza</i> ceremony [of release from Levirate marriage] and does not contract a Levirate marriage.
  And these [women] are forbidden to eat <i>Terumah</i>: one who says "I am impure for you"; one for whom witnesses testified that she was impure; one who says "I will not drink [the bitter waters]"; one whose husband does not wish to make her drink [the bitter waters]; one whose husband had relations with her on the way [to the court where the Sotah ceremony would be performed].  And how does he act towards her?  He brings her to the court that is in that place, and they assign him two wise scholars, lest he have relations with her on the way. Rabbi Yehudah says: her husband is trusted regarding her.
  They would bring her to the high court in Jerusalem, and they intimidate her in the way they would intimidate witnesses in capital cases. And they say to her, "My daughter, wine does much, levity does much, youth does much, bad neighbors do much. Act for the sake of His Great Name written in holiness, so that it will not be erased by the water." And they speak before her about things that she is not worthy to hear, she and the entire family of her father's house.
  If she says "I am impure," she breaks her <i>Ketubah</i> [monetary settlement payable to a married woman upon divorce or the death of her husband], and she departs. And if she says "I am pure," they bring her up to the eastern gate by the entrance of the Gate of Nicanor, where suspected adulteresses [warned by their husbands against seclusion with a particular man] are made to drink, where they purify women after childbirth, and where they purify <i>metzoraim</i> [people afflicted with a disfiguring skin disease].  And a priest grasps her garment--if it tears, it tears; if it unravels, it unravels--till he has bared her bosom, and he loosens her hair. Rabbi Yehudah says: if her bosom is beautiful, he does not bare it; if her hair is beautiful, he does not loosen it.
  If she was clothed in white, they clothe her in black. If there were golden jewels on her, necklaces, nose-rings and finger-rings, they remove them from her so as to disgrace her. And after that he takes a twisted rope and ties it above her breasts. And all those who wish to see, come to see, apart from her manservants and maidservants, for she is haughty toward them. And all the women are permitted to see her, as it says "And all the women will be warned not to act according to your lewdness." (Ezekiel 23:48) 
  In the measure that a person measures, so it is measured out to him.  She adorned her body in order to transgress, God has disgraced her; she exposed her body in order to transgress, God has exposed her. She began the transgression with the thigh and afterwards with the belly; therefore will the thigh be smitten first, and afterwards the belly, and the rest of her body shall not escape.
  Samson went after his eyes, therefore the Philistines gouged out his eyes, as it says: "And the Philistines took hold of him and gouged out his eyes" (Judges 16:21).  Absalom was proud of his hair, therefore he was hanged by his hair. And because he had relations with the ten concubines of his father, he was pierced by ten spears, as it says: "And ten young men who bore the arms of Joab surrounded [and smote Absalom and killed him]" (II Samuel 18:15). And because he stole three hearts, the heart of his father, the heart of the court, and the heart of Israel, as it says: "And Absalom stole the hearts of the men of Israel" (II Samuel 15:6); therefore three darts were thrust through him, as it says: "And he took three darts in his hand and he thrust them into the heart of Absalom" (II Samuel 18:14).
  And so it is for good things; Miriam waited for Moses for one week, as it says, "and his sister stood by him from far away"  (Exodus 2:4), therefore the Jewish people waited for her for a week in the desert, as it says, "and the nation did not travel until Miriam was gathered with them" (Numbers 12:15). Joseph merited burying his father, and none of his brothers were greater than he, as it says, "and Joseph went up (to Israel) to bury his father...and chariots and cavalry went up with him"  (Genesis 50:7, Genesis 50:9). Who among us was greater than Joseph, that only Moses was permitted to attend to him? Moses merited [carrying] Joseph's bones [to Israel], and none of Israel is greater than him, as it says, "and Moses took the bones of Joseph with him"  (Exodus 13:19). Who among us was greater than Moses, that only God merited dealing with him, as it says, "and He buried him in the valley"(Deuteronomy 34:6). And not only was this said of Moses, but of all righteous people, as it says, "and your righteousness shall go before you, and the glory of God shall gather you up" (Isaiah 58:8).
  
  
  
  He would bring her meal-offering in a twisted basket and put it into her hand in order to tire her. All meal-offerings start and end in service-vessels, but this one starts in a twisted basket and ends in a service-vessel. All meal-offerings require oil and frankincense, but this one requires neither oil nor frankincense. All meal-offerings come from wheat, but this one comes from barley. The meal-offering of the <i>omer</i>, though it comes from barley, comes from that which was sifted, but this one comes from unsifted. Rabbi Gamliel said: Just as her deeds were like those of an animal, so too her sacrifice is from food for animals.
  He would bring a new clay bowl, and put into it half a <i>log</i> of water from the basin. R. Yehuda said: a quarter [of a <i>log</i>]. For just as he minimizes the writing, so too does he minimize the water. He entered the Sanctuary and faced to his right, and there was a place one cubit by one cubit and a marble tablet with a ring that was affixed to it. And when he lifted it, he took dust from beneath it and put [in the bowl] enough to be seen on the water, as it says, "and from the dust that will be on the floor of the Tabernacle the priest will take and give to the water" (Numbers 5:17).
  When he comes to write the scroll, from which place does he write? From: "if no man has lain" etc. (Numbers 5:19) and (Numbers 5:20) "if you have strayed while under [the authority of] your husband" (Numbers 5:20). But he does not write:  "And the priest should administer an oath to the woman" (Numbers 5:21). And he writes: (Numbers 5:21-22) "May God give you as a curse and as an oath," "that these curse-causing waters will come into your intestines to distend your belly and to collapse your thighs" (Numbers 5:21-22). But he does not write: "and the woman shall say 'Amen Amen'". R. Yosi said: he does not interrupt [the text]. R. Yehuda said: he only writes, "May God give you as a curse and as an oath" etc. "that these curse-causing waters will come into your intestines" etc. And he does not write, "and the woman shall say 'Amen Amen'".
  He may not write upon the tablet and not upon the papyrus and not upon the [unprocessed] animal hide rather upon the scroll, as it says, "in a book"  (Numbers 5:23). And he may not write with gum, or with vitriol, or with anything that leaves an impression, rather with ink, as it says:  "and blot out" (Numbers 5:23) a writing that can be erased.
  To what does she respond 'Amen Amen'? Amen to the curse, Amen to the oath. Amen with regard to this man, Amen with regard to another man. Amen that I did not commit adultery while betrothed, or while married, or while awaiting Levirate marriage, or after being taken [to his house]. Amen that I did not become impure. And if I became impure, may they [the curses] be upon me. R. Meir said: Amen that I did not become impure, Amen that I will not become impure.
  Everyone agrees that he may not stipulate with her--not about before she was betrothed and not about after she is divorced. If she secluded herself after [she was divorced], became impure, and after that he remarried her, he may not stipulate with her [about that period]. This is the rule: whenever she engaged in sexual intercourse and she was not forbidden to him, he may not stipulate with her.
  
  
  
  He would take her meal-offering from within the twisted basket and place it into a service-vessel, and put it into her hand. And the priest placed his hand underneath hers and waved it.
  He waved and brought it near, grabbed a handful and burned it, and the remainder was fed to the priests. He gives her to drink and after that sacrificed her meal-offering. R. Shimon said: He sacrificed her meal-offering and after that gave her to drink, as it says, "and after he shall give the woman the water to drink " (Numbers 5:26). If  he gave her to drink and after that sacrificed her meal-offering, it is valid.
  If she said, "I will not drink [it]" before the scroll was erased, the scroll is archived, and her meal-offering is scattered on the ashes. Additionally, her scroll is not valid to be used with (lit. "to make drink") another suspected-adulteress.   If the scroll was erased and she [only then] said, "I am impure," the water is spilled, and her meal-offering is scattered on the ashes. [However,] if the scroll was erased and she said, "I will not drink [it]," we force her mouth open and make her drink against her will.
  She barely finishes drinking before her face becomes green, her eyes bulge, and she [seems] filled with sinews (or "veins"), and they [the priests] say, "remove her, remove her!" so she does not defile the courtyard.  If she has merit, it [the effects described above] would be suspended for her. There is merit that suspends for one year, there is merit that suspends for two years, there is merit that suspends for three years.   From here Ben Azai says: A man is obligated to teach his daughter Torah, for if she drinks [as a suspected-adulteress], she will know that the merit suspends it for her.   Rabbi Eli'ezer says: Whoever teaches his daughter Torah is considered as if he taught her foolishness. Rabbi Yehoshua says: A woman desires a kav and foolishness more than nine kavs and abstinence. He would say: A foolish pious man, a cunning evil man, an [excessively] abstinent woman, and the self-flagellations of ascetics, all these destroy the world.
  Rabbi Shimon says: Merit does not suspend [the effects of] the bitter waters. If you were to say merit suspends [the effects of] the cursing waters, you are dulling the [power of] the water before all the women who [are to] drink, and you defame the pure women who drank, since people say, "They are in fact impure, rather merit suspended for them."  Rebbi says: Merit does suspend [the effects of] the cursing waters. She does not give birth nor does she improve, rather, she continuously degenerates, and in the end she dies by that very death.
  [If] her meal-offering became impure before it became sanctified in a vessel, behold it is like all other meal-offerings and is redeemed. But if [it became impure] once it was sanctified in a vessel, behold it is like all other meal-offerings and is burned. These are [the cases] whose meal-offerings are burnt: One who says "I am impure to you," one who witnesses have come [and said] she is impure, one who says "I will not drink [the bitter-waters,]" one whose husband does not want to cause her to drink, and one whose husband cohabits with her along the way [to the Temple.] Additionally, all those who are married to priests have their meal-offerings burnt.
  A daughter of an Israelite who married a priest has her meal-offering burnt. [However,] A priestess who married an Israelite has her meal-offering eaten. What is the difference between a priest and a priestess? The meal-offering of a priestess is eaten, and the meal-offering of a priest is not eaten. A priestess can become profaned [lose her priestly status through an invalid marriage] and a priest cannot become profaned. A priestess may defile herself to the dead, and a priest may not defile himself to the dead. A priest eats holy of holies [sacrifices], and a priestess does not eat holy of holies [sacrifices].
  What distinguishes a man from a woman? A man lets loose his hair and rips his clothes [as a <i>metzora</i>], and a woman does not let loose her hair or rip her clothes. A man makes a vow rendering his son a Nazirite, and a woman cannot make a vow rendering her son a Nazirite. A man shaves concerning the Nazirite status of his father [if his father dies], and a woman does not shave concerning the Nazirite status of her father. A man sells his daughter, and a woman cannot sell her daughter. A man betroths his daughter, and a woman cannot betroth her daughter. A man is stoned naked, and a woman is not stoned naked. A man is hanged [after execution], and a woman is not hanged. A man is sold for his theft [i.e., to repay it], a woman is not sold for her theft.
  
  
  
  A betrothed woman and a <i>Shomeret Yavam</i> [widow of childless man whose brother has yet to either marry her or release her from the residual marital bond] do not drink [the bitter waters] and they do not take their <i>Ketubah</i> [monetary settlement payable to a married woman upon divorce or the death of her husband], as it says,  "that the woman goes astray while married to her husband," (Numbers 5:29) which excludes a betrothed woman or a <i>Shomeret Yavam</i>. A widow [married] to a high priest, a divorcée or a <i>Chalutzah</i> [widow of childless man whose brother has released her from the residual marital bond] [married] to a common priest, a <i>Mamzeret</i> [offspring of an illegitimate union between a Jewish woman and man] or a <i>Netinah</i> [member of a caste of Temple servants, historically descended from the Gibeonites] [married] to an Israelite, or a daughter of an Israelite [married] to a <i>Mamzer</i> or a <i>Netin</i>--they do not drink [the bitter waters] and don't take their <i>Ketubah</i>.
  And these do not drink and do not take their <i>Ketubah</i>: One who says, "I am impure", one of whom witnesses come and say she is impure, and one who says, "I will not drink." If her husband says, "I won't make her drink," or her husband has relations with her on the way [to the Temple], she takes her <i>Ketubah</i> and does not drink. If her husband dies before she drinks: Beit Shammai say, she takes her <i>Ketubah</i> and does not drink. And Beit Hillel say, she does not drink and does not take her <i>Ketubah</i>.
  One who is pregnant from a previous marriage and one who is nursing from a previous marriage, do not drink the waters or take their <i>Ketubah</i>. These are the words of Rabbi Meir. The Sages say, he is able to separate from her and return to her after some time. An <i>aiylonit</i> [a woman with arrested sexual development who cannot bear children], an old woman, and one who is not able to give birth, do not drink or take their <i>Ketubah</i>. Rabbi Eliezer says, he is able to marry another wife and to procreate from her. All other women either drink or do not take their <i>Ketubah</i>.
  The wife of a priest drinks and is permitted to her husband. The wife of a eunuch drinks. She may be warned with regards to any of the forbidden relations, except for with that of a minor or with one who is not a man.
  These are those whom are warned by the court: One whose spouse became deaf or retarded, or was put in prison. Not to make her drink was this said, rather to invalidate her <i>Ketubah</i>. Rabbi Yosi says, even to make her drink; when her husband gets out of prison they make her drink.
  
  
  
  Just as the water checks her [the woman], so does the water check him [the man], as it says, (Numbers 5:22, 5:27) "and it shall enter," "and it shall enter" (Numbers 5:22, 5:27) Just as she is forbidden to her husband, so she is also forbidden to the cuckolder, as it says, "is defiled", "and is defiled" (Numbers 5:27, 5:29)  These are the words of Rabbi Akiva. Rabbi Yehoshua says, thus would Rabbi Zechariah ben HaKatzav expound. Rebbi says, two times it is said in the section: "if she is defiled," "she is defiled," one for the husband, and one for the cuckolder.
  On that day [the day Rabban Gamliel was deposed from the position of Prince] Rabbi Akiva expounded, "any earthenware vessel into which any of them fall, whatever is within it shall become impure" (Leviticus 11:33)  It does not say "impure" but "becomes impure" -- thus it makes others impure. This teaches that a loaf of second-degree impurity can make impure a loaf to the third-degree. Rabbi Yehoshua said, who will remove the dirt from your eyes Rabban Yochanan ben Zakkai? You used to say that in the future another generation will purify a third-degree loaf, because there is no verse from the Torah that makes it impure. Now behold, Akiva your student brings a verse from the Torah that it is impure! As it says, "all that is in it becomes impure."
  On that day, Rabbi Akiva expounded [the verse], (Numbers 35:5) "You shall measure outside the city on the eastern outskirts, two thousand cubits..."  (Numbers 35:5), and another verse says (Numbers 35:4) "... from the wall of the city and outward, 1000 cubits around." It is impossible to say one thousand cubits, for it already said two thousand cubits, and it is impossible to say two thousand cubits, for it already said 1000 cubits. How does it work? One-thousand cubits is for the open land, and two thousand cubits is the Sabbath border [the distance one can travel from the city on Sabbath]." Rabbi Eliezer, son of Rabbi Yosi the Galilian says, one thousand cubits is for the open land, and two thousand cubits is for fields and orchards.
  On that day, Rabbi Akiva expounded [the verse] "Then Moshe and the Children of Israel sang this song to God, and they spoke, saying..." (Exodus 15:1) It was not necessary to state, 'saying,' so what is meant by 'saying?' It means the Israel was answering each phrase after Moshe, as in the reading of Hallel, thus it says 'saying.' Rabbi Nechemiah says, like the reading of Shema, and not like the reading of Hallel.
  On that day, Rabbi Yehoshua ben Hyrkenos expounded [the verse], Iyov only served God from love as it says,"Though he slay me, in Him I trust"  (Job 13:15) . Yet still the matter is uncertain. [Does it mean] 'In Him I hope' or 'I don't hope'? We learn [however] "Until I die, I will not remove my integrity from me"  (Job 27:5) This teaches that he acted out of love. Rabbi Yehoshua said, who will remove the dirt from your eyes Rabban Yochanan ben Zakkai? You used to expound all your life that Iyov only served God through fear, as it says,  "A perfect and straight man, God-fearing, and turning from evil" (Job 1:8). Now behold, Yehoshua your student's student teaches that he acted through love!
  
  
  
  Someone who warned his wife [against being secluded with a certain man] and then she secluded herself [with him], even if he [her husband] heard from a fluttering bird, he divorces her and gives her the <i>Ketubah</i> [monetary settlement payable to a married woman upon divorce or the death of her husband]. These are the words of Rabbi Eliezer. Rabbi Yehoshua says, only when the women who twist yarn by the moon talk of her.
  [If] one witness said "I saw her as she became impure," she would not drink [the bitter waters]. That is not all -- even a slave or a maidservant are believed to disqualify her from her <i>Ketubah</i>. [If] her mother-in-law, daughter-in-law, co-wife, <i>Yevama</i> [dead husband's brother's wife], or her husband's daughter [testifies about her committing adultery], they are believed, but not in order to disqualify her from her <i>Ketubah</i>, only from drinking [the bitter waters].
  This is how it would be according to logic: Just like the first testimony [of warning], that doesn't make her prohibited forever [from being married to him], is only valid through two [witnesses], so too the last testimony [of seclusion], that does forbid her forever -- is it not logical that it should only be valid with two [witnesses]? So the verse comes to teach:"and there was no witness against her"  (Numbers 5:13)  -- any testimony that there is against her. There is a <i>kal vachomer</i> [logical induction from minor to major] from this! Just like the last testimony prohibits her [from her husband] forever and is valid through one witness, the first testimony that doesn't prohibit her forever -- is it not logical that it should be valid with one witness? So the verse comes to teach: (Deuteronomy 24:1) "When he finds in her an unseemly thing," (Deuteronomy 24:1) and earlier it says: "through two witnesses the thing will be upheld" (Deuteronomy 19:15) . Just like earlier it [the testimony] is through two witnesses, so too here it is through two witnesses.
  [If] one witness says "she became impure" and [another] witness says "she did not become impure;" or a woman says "she became impure" and [another] woman says "she did not become impure," she would drink [the bitter waters]. [If] one [witness] says "she became impure" and two [witnesses] say "she did not become impure," she would drink [the bitter waters]. [If] two [witnesses] say "she became impure" and one [witness] says "she did not become impure," she would not drink [the bitter waters].
  
  
  
  The following are said in any language: the paragraph of <i>Sotah</i> (Numbers 5:19-22), declaration of tithes (Deuteronomy 26:13), the recitation of <i>Shema</i> (Deuteronomy 6:4-9), prayer, the blessing after a meal, the oath of testimony, and the oath of a deposit.
  And the following are said in the holy tongue: The recitation for first fruits (Deuteronomy 26:5-10), <i>chalitsah</i> [the ceremony performed to release a widow of a childless man from a marriage to her brother-in-law] (Deuteronomy 25:7-8), the blessings and curses (Deuteronomy 27-28), the blessing of the priests (Numbers 6:24-26), the blessing of the high priest, the paragraph of the king, the paragraph of <i>Eglah Arufah</i> [the calf killed as atonement for an unsolved murder] (Deuteronomy 21:7-8), and the priest anointed for war when he would speak to the nation (Deuteronomy 20:3-4).
  The recitation for first fruits: How so? [It says] (Devarim 26:5) "you will recite and say before the Lord your God" and later on, (Deuteronomy 27:14) "and the Levites will recite and say." Just like reciting and saying there is in the holy tongue, so here it is in the holy tongue.
  <i>Chalitsah</i>: How so? [It says] (Deuteronomy 25:9) "she will recite and say" and later on it says (Deuteronomy 27:14) "and the Levites will recite and say." Just like reciting and saying there is in the holy tongue, so here it is in the holy tongue. Rabbi Yehuda says (Deuteronomy 25:9) "she will recite and say, 'Thus...'"; until she says it in this language.
  The blessings and curses: How so?  Once Israel crossed the Jordan and came to Mt. Gerizim and Mt. Ebal which are in Samaria, next to Shechem which is next to the terebinths of Moreh, as it is said, “Are they not the other side of the Jordan, [beyond the west road that is in the land of the Canaanites who dwell in the Arabah—near Gilgal, by the terebinths of Moreh] (Deut. 11:30), and elsewhere it says, “And Abram passed through the land unto the place of Shechem unto the terebinth of Moreh” (Genesis 12:6)—just as the terebinth of Moreh mentioned in this latter verse is Shechem, so the terebinth of Moreh mentioned in the former verse is Shechem. For there six tribes went up Mt. Gerizim and six tribes went up Mt. Ebal, and the priests and Levites with the ark stood below in the middle, the priests surrounding the ark, the Levites [surrounding] the priests, and all Israel on this side and that side, as it is said, “And all Israel, with their elders, officials, and judges stood on both sides of the ark, facing the levitical priests” (Joshua 8:33).    They turned their faces towards Mt. Gerizim and opened with the blessing: Blessed be anyone who does not make a graven or molten image”. And these and these respond amen.  They then turned their faces towards Mt. Ebal and opened with the curse:  “Cursed be anyone who makes a graven or molten image” (Deut. 27:15). And these and these respond amen.  Until they complete the blessings and curses.  After that they brought the stones, built the altar and plastered it with plaster, and inscribed upon it all the words of the Torah in seventy languages, as it is said, “most distinctly (be’er hetev).    Then they took the stones and went and spent the night in their place.  
  The priestly blessing: How so?  In the province (outside of the Temple) it was said as three blessings, but in the Temple as one blessing.    In the Temple he says the name as it is written, but in the province in its substituted name.   In the province the priests raise their hands at the height of their shoulders, but in the Temple above their heads, except the high priest who does not raise his hands higher than the forehead plate [worn by the high priest].   Rabbi Yehudah says: even the high priest raises his hands higher than the forehead plate, as it says, “And Aaron lifted up his hands toward the people and blessed them” (Leviticus 9:22).  
  The blessings of the high priest: How so?   The sexton of the synagogue takes a Torah scroll and passes it to the head of the synagogue, the head of the synagogue passes it to the deputy [of the high priest], the deputy passes it to the high priest, and the high priest stands, receives [the scroll] and reads [the following portions]:  “After the death” (Leviticus 16:1-34), and “But on the tenth day” (Leviticus 23:26-32).   Then he rolls the Torah (scroll), places it in his chest and exclaims, “More than I have read before you is written here!”  “On the tenth day” (Numbers 29:7-11), which is in the book of Numbers, he reads by heart. And he blesses upon it eight blessings: “For the Torah”, “For the Temple service”, “For thanksgiving”, “For the pardon of sin”, “For the Temple”, “For Israel”,  “For the priests”,  and “For the rest of the prayer.” 
  The portion read by the king: How so?  At the conclusion of the first day of the festival (Sukkot) in the eighth [year], at the end of the seventh year, they made a wooden platform in the Temple court, and he sits upon it, as it is said, “At the end of seven years, in the set time” etc (Deuteronomy 31:10).  The sexton takes a Torah scroll and passes it to the head of the synagogue, the head of the synagogue passes it to the deputy, who passes it to the high priest, and the high priest passes it to the king and the king stands and receives it, but reads it while sitting.  King Agrippa stood and received it and read standing, and the sages praised him. When he reached, “You shall not place a foreigner over you” (ibid 17:15) his eyes ran with tears. They said to him, “Fear not, Agrippas, you are our brother, you are our brother, you are our brother!”  He reads from the beginning of “These are the words” (ibid 1:1) until the Shema (ibid 6:4-9), and the Shema, and “It will come to pass if you hear” (ibid 11:13-21), and “You shall surely tithe” (ibid 14:22-29), and “When you have finished tithing” (ibid 26:12-15) and the portion of the king (ibid 17:14-20) and the blessings and curses (ibid 28), until he finishes all the section.  The blessings that the high priest blesses, the king recites, except that he substitutes one for the festivals instead of one for the pardon of sin. 
  
  
  
  The anointed for battle, at the time he talks to the people, he would speak in the holy tongue, as it is said, “And it shall be, when you draw near the battle, that the priest shall approach” (Deuteronomy 20:2)—this refers to the priest anointed for battle.   “And speak to the people” (ibid) – in the holy tongue. “He shall say to them, 'Hear, O Israel, you are about to join battle with your enemy'” (Deuteronomy 20:3)— “with your enemy” but not against your brother, not Judah against Shimon nor Shimon against Benjamin, that if you fall into their hand they shall have mercy on you, as it is said, “Then the men named above proceeded to take the captives in hand, and with booty they clothed all the naked among them—they clothed them and shod them and gave them to eat and drink and anointed them and provide donkeys for all who were failing and brought them to Jericho, the city of palms, back to their kinsmen. Then they returned to Samaria” (II Chronicles 28:15).  Rather against your enemies do you march, so that if you fall into their hand they will have no mercy on you. “Let not your courage falter, fear not, and do not tremble or be in dread of them” (Deuteronomy 20:3) “Let not your courage falter”-- at the neighing of the horses and the sharpening of swords;  “Fear not” --at the crash of shields and the tramp of the soldiers shoes;  “Do not tremble” -- at the sound of trumpets;  “Or be in dread of them” -- at the sound of battle cries.  “For it is the Lord your God that goes with you”--they come [relying] upon the might of flesh and blood, but you come [relying] upon the might of the Omnipresent.  The Philistines came [relying] upon the power of Goliath (I Samuel 17:4), but what happened to him in the end? In the end he fell by the sword and they fell with him.  The Ammonites came [relying] upon the power of Shobach (II Samuel 10:16-18), but what happened to him in the end? In the end he fell by the sword and they fell with him.  But with you it is not like that, “For it is the Lord your God that goes with you”—this refers to the camp of the ark. 
  “Then the officers shall address the people saying:  ‘Is there anyone who has built a new house but has not dedicated it? Let him go back to his home’” (Deuteronomy 20:5).   It is the same whether he built a house for straw, a house for cattle, a house for wood, or a storehouse; it is the same whether he built, purchased, inherited, or somebody gave it to him as a present. “‘Is there anyone who has planted a vineyard but has never harvested it?’” (Deuteronomy 20:6). It is the same whether he planted a vineyard or planted five fruit-trees and even of five different species;    It is the same whether he planted, bent or grafted it, or whether he purchased, inherited or somebody gave it to him as a present.  “‘Is there anyone who has betrothed a woman [but who has not yet married her]?’” (Deuteronomy 20:7)   It is the same whether he had betrothed a virgin or a widow, or even a woman awaiting levirate marriage, or even if a man heard that his brother had died in battle, he returns home.  All these hear the priest’s words concerning the battles of war and return home, and they supply water and food and repair the roads. 
  The following do not return home:  He who built a gatehouse, a portico or a porch;  He who planted four fruit trees or five trees which are not fruit-bearing;  He who took back his divorced wife.  If a high priest married a widow, or an ordinary priest married a divorcee or a woman who had been released from levirate marriage, or an Israelite married a <i>mamzeret</i> or a <i>netinah</i> [member of a caste of Temple servants, historically descended from the Gibeonites], or the daughter of an Israelite married a <i>mamzer</i> or a <i>natin</i>, he does not return home.    Rabbi Yehudah says: even he who builds a house upon its [original] foundations does not return home.  Rabbi Eliezer says: even he who builds a brick-house in the Sharon does not return home. 
  The following do not move from their place:    He who built a new house and dedicated it,  He who planted a vineyard and redeemed its fruit,  He who married his betrothed,  He who brought in his dead brother's wife;  As it is said, “He shall be exempt one year for the sake of his household [to give happiness to the woman he married]” (Deuteronomy 24:5)   “His household,” this refers to his house;  “Shall be” refers to his vineyard;  “To give happiness to the wife” refers to his wife;  “He married” to include his dead brother's wife.  These do not supply water and food and repair the roads. 
  “Then the officers shall go on addressing the troops and say, ‘Is there anyone afraid and disheartened, go and return to his house’” (Deuteronomy 20:8).    Rabbi Akiva says: “afraid and disheartened” is to be understood literally, that he cannot stand in the battle lines and see a drawn sword.  Rabbi Yose the Galilean says: “afraid and disheartened”—this is the one who is afraid because of the transgressions he has committed; therefore the Torah connected all these with him that he may return home on their account.    Rabbi Yose says: a high priest who married a widow, an ordinary priest who married a divorcee or woman released from levirate marriage, an Israelite who married a <i>mamzeret</i> or <i>netinah</i>, and the daughter of an Israelite who married a <i>mamzer</i> or a <i>natin</i>—behold this one is “afraid and disheartened.” 
  “And it shall be, when the officers have finished speaking to the people, they shall appoint captains of hosts at the head of the people” (Deuteronomy 20:9).    And at the rear of the people they station guards in front of them and others behind them, with iron axes in their hands, and should anyone wish to flee, they have permission to strike his thighs, because the beginning of falling [in battle] is fleeing,  as it is said, “Israel fled before the Philistines, and the people also suffered a great slaughter” (I Samuel 4:17) and elsewhere it states, “And the men of Israel fled before the Philistines and fell down slain” (I Samuel 31:1). 
  To what this apply?  To a voluntary war. But in a war commanded [by the Torah] all go out, even a bridegroom from his room and a bride from her canopy.   Rabbi Yehudah says: to what does this apply? To a war commanded by the Torah, but in an obligatory war all go out, even a bridegroom from his chamber and a bride from her canopy. 
  
  
  
  [The declaration over] the heifer whose neck is to be broken must be in the holy tongue; as it is said, “If a corpse is found slain on the land . . . then your elders and judges shall go out” (Deuteronomy 21:1-2)--three used to go out from the high court in Jerusalem.  Rabbi Yehudah says: five, as it is said, “Your elders”—two, “and your judges”—two, and there cannot be a court of an even number, so they add one more. 
  If [the corpse] was found buried underneath a heap of stones, or hanging on a tree, or floating on the surface of the water, they would not break [the heifer’s neck], as it says: “In the earth” — and not buried underneath a heap of stones, "fallen" not hanging on a tree; “In a field” —and not floating on the surface of the water.  If it was found near the border, or a city whose majority of inhabitants were non-Jews, or a city in which there is no court, they would not break [the heifer's neck].  They measure the distance only from a city in which there is a court. If [the corpse] was found exactly between two cities, both of them would bring two heifers [between them], the words of Rabbi Eliezer;  And Jerusalem does not bring a heifer whose neck is to be broken. 
  If the head was found in one place and the body in another place, they bring the head to the body, the words of Rabbi Eliezer.    Rabbi Akiva says: [they bring] the body to the head. 
  From what part do they measure?  Rabbi Eliezer says: from the navel. Rabbi Akiva says: from the nose.  Rabbi Eliezer ben Yaakov says: from the place where he was made a slain person, from the neck. 
  The elders of Jerusalem departed and went away.  The elders of that city bring “a heifer which has never been worked, which has never been yoked” (Deuteronomy 21:3). And a blemish does not disqualify it.  They bring it down to a hard (eitan) wadi— “<i>eitan</i>” is understood in its literal sense of “hard”. Even if it is not “hard”, it is valid.  They break its neck with a hatchet from behind.    And its place may never be sown or tilled, but it is permitted to comb flax there and chisel rocks there. 
  The elders of that city wash their hands with water in the place where the heifer's neck was broken and they say, “Our hands have not shed this blood, neither have our eyes seen it” (Deuteronomy 21:7).    But did we really think that the elders of the court are shedders of blood!  Rather, he did not come to us and we dismissed him without supplying him with food and we did not see him and let him go without escort.   Then the priests exclaim, “Absolve, O Lord, Your people Israel, whom You redeemed, and do not let guilt for the blood of the innocent remain among your people Israel” (vs. 8).   They did not need to say, “And they will be absolved of bloodguilt” (ibid), rather the Holy Spirit announces to them, “When you act in this way, the blood is forgiven you.” 
  If the murderer was discovered before the heifer’s neck was broken, it goes free and grazes with the herd;  But if after the heifer’s neck was broken, it is buried in that place because it came there from the outset in connection with a matter of doubt, and atoned for the doubt which is now gone.  If the heifer’s neck was broken and afterwards the murderer is discovered, behold he is executed.  
  One witness says “I saw the murderer” and one witness says “You did not see him”; or a woman says “I saw him” and another woman says “You did not see him”, they break its neck.  If one witness says “I saw him” and two say “You did not see him”, they break its neck.  If two say “We saw him” and one says to them “You did not see him”, they do not break its neck.   
  When murderers multiplied, the [ceremony of] breaking a heifer’s neck ceased.  From the time that Eliezer ben Dinai came, and he was also called Tehinah ben Perisha and he was afterwards renamed “son of the murderer”. When adulterers multiplied, the ceremony of the bitter waters ceased and it was Rabban Yohanan ben Zakkai who discontinued it, as it is said, “I will not punish their daughters for fornicating, nor their daughters-in-law for committing adultery, for they themselves [turn aside with whores and sacrifice with prostitutes]” (Hosea 4:14).    When Yose ben Yoezer of Zeredah and Yose ben Yohanan of Jerusalem died, the grape-clusters ceased, as it is said, “There is not a cluster [of grapes] to eat; not a ripe fig I could desire [The pious are vanished from the land, none upright are left among men]” (Micah 7:1-2).   
  Yohanan the high priest brought to an end the confession made over the tithe. He also discontinued the wakers and the knockers. Up to his days the hammer used to strike in Jerusalem, and in his days there was no need to inquire about doubtfully tithed produce.  
  When the <i>Sanhedrin</i> [highest court, charged with deciding cases and appeals that had national significance. It was comprised of 71 scholars who had received the full traditional rabbinical ordination, and its decisions fixed Jewish practice for subsequent generations.] ceased, song ceased from the places of feasting, as it is said, “They drink their wine without song” (Isaiah 24:9).
  When the former prophets died, the Urim and Thummim ceased.  When Temple was destroyed, the shamir and nopheth zufim ceased.   And people of faith ceased, as it says, “Help, O Lord, for the faithful are no more” (Psalms 12:2).    Rabban Shimon ben Gamaliel said in the name of Rabbi Yehoshua:  from the day the Temple was destroyed, there is no day without a curse, the dew has not descended for a blessing, and the flavor has departed from produce.  Rabbi Yose says: the fatness was also removed from produce. 
  Rabbi Shimon ben Elazar says: [the cessation of observation of the] purity laws has removed taste and fragrance, [the cessation of observation of] the tithes has removed the fatness of grain. But the Sages say: licentiousness and sorcery destroyed everything. 
  During the war with Vespasian they decreed against crowns worn by bridegrooms and against the bell.    During the war with Quietus they decreed against crowns worn by brides and that nobody should teach their child Greek.  During the final war they decreed that a bride should not go out in a palanquin inside the city, but our rabbis decreed that a bride may go out in a palanquin inside the city.    
  When Rabbi Meir died, the composers of metaphors ceased.  When Ben Azzai died, the diligent students [of Torah] ceased.  When Ben Zoma died, the expounders ceased.    When Rabbi Yehoshua died, goodness ceased from the world.   When Rabban Shimon ben Gamaliel died, locusts came and troubles multiplied.  When Rabbi Elazar ben Azaryah died, the sages ceased to be wealthy. When Rabbi Akiba died, the glory of the Torah ceased.  When Rabbi Hanina ben Dosa died, men of wondrous deeds ceased.  When Rabbi Yose Katnuta died, the pious men (hasidim) ceased—and why was his name called Katnuta? Because he was the youngest of the pious men.    When Rabban Yohanan ben Zakkai died, the splendor of wisdom ceased.    When Rabban Gamaliel the elder died, the glory of the torah ceased, and purity and separateness perished.  When Rabbi Ishmael ben Fabi died, the splendor of the priesthood died.  When Rabbi died, humility and fear of sin ceased.    Rabbi Phineas ben Yair says: when Temple was destroyed, scholars and freemen were ashamed and covered their head, men of wondrous deeds were disregarded, and violent men and big talkers grew powerful.  And nobody expounds, nobody seeks, and nobody asks.   Upon whom shall we depend? Upon our father who is in heaven.  Rabbi Eliezer the Great says: from the day the Temple was destroyed, the sages began to be like scribes, scribes like synagogue-attendants, synagogue-attendants like common people, and the common people became more and more debased.  And nobody seeks. Upon whom shall we depend? Upon our father who is in heaven.  In the footsteps of the Messiah insolence will increase and the cost of living will go up greatly; the vine will yield its fruit, but wine will be expensive; the government will turn to heresy, and there will be no one to rebuke; the meeting-place [of scholars] will be used for licentiousness; the Galilee will be destroyed, the Gablan will be desolated, and the dwellers on the frontier will go about [begging] from place to place without anyone to take pity on them; the wisdom of the learned will rot, those who fear sin will be despised, and the truth will be lacking; youths will put old men to shame, the old will stand up in the presence of the young, “For son spurns father, daughter rises up against mother, daughter-in-law against mother-in-law—a man’s own household are his enemies” (Micah 7:6). The face of the generation will be like the face of a dog, a son will not feel ashamed before his father. Upon whom shall we depend? Upon our father who is in heaven. R. Pinchas ben Yair says:  Quickness leads to cleanliness, cleanliness leads to purity, purity leads to separation, separation leads to sanctity, sanctity leads to humility, humility leads to fear of sin, fear of sin leads to piety, piety leads to the Holy Spirit. And the Holy Spirit leads to the resuscitation of the dead, and the resuscitation of the dead leads to the coming of Elijah, may he be remembered for good, Amen.  