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text: Mishnah Sotah
  משנה סוטה
  Mishnah Yomit by Dr. Joshua Kulp
  
  
  Mishnah Sotah
  
  
  
  
  
  One who warns his wife [not to associate with a certain man]: Rabbi Eliezer says: he warns her on the testimony of two witnesses, and makes her drink [the bitter waters] on the testimony of one witness or on his own testimony. Rabbi Joshua says: he warns her on the testimony of two and makes her drink on the testimony of two.
  How does he warn her? If he says to her in front of two [witnesses], “Do not speak with that man”, and she spoke with him, she is still permitted to her husband and permitted to eat terumah. If she entered a private place with him and stayed with him a time sufficient for her to be defiled [by having sexual intercourse with him], she is forbidden to her husband  and forbidden to eat terumah. If [her husband] died, she performs halitzah but cannot contract yibbum.
  The following are prohibited to eat terumah:She who says [to her husband], “I am unclean to you”, and witnesses came [and testified] that she was unclean; She who says, “I refuse to drink [the water]”. She whose husband does not want to make her drink [the water]: And she whose husband had intercourse with her on the journey. How does [the husband] deal with her? He brings her to the court in the place where he resides, and they assign to him two disciples of the sages lest he have intercourse with her on the journey. Rabbi Judah says, her husband is trusted with her.
  They bring her up to the great court which is in Jerusalem, and [the judges] solemnly admonish her in the same way that they admonish witnesses in capital cases. And they say to her, “My daughter, much is done by wine does much, much is done by frivolity, much is done by youth, much is done by bad neighbors. For the sake of His great name which is written in holiness do it so that it may not be rubbed out on the water.” And they say to her matters which neither she nor all the family of her father's house is worthy to hear.
  If she said, “I am defiled to you”, she gives him a receipt for her ketubah and goes out [with a get]. But if she says, “I am pure”, they bring her up to the east gate, Nicanor’s gate, where they give women suspected of adultery the water to drink, purify women after childbirth and purify lepers. A priest seizes her clothing if they are torn, then they are torn, and if they become unstitched, then they are unstitched, until he uncovers her bosom, and he undoes [the braids of] her hair. Rabbi Judah says: if her bosom was beautiful he does not uncover it, and if her hair was beautiful he does not undo it.
  If she was clothed in white, he clothes her in black. If she wore gold jewelry or necklaces, ear-rings and finger-rings, they remove them from her in order to make her repulsive. After that [the priest] takes a rope made of twigs and binds it over her breasts. Whoever wishes to look upon her comes to look with the exception of her male and female slaves, since she has no shame in front of them. All of the women are permitted to look upon her, as it is said, “That all women may be taught not to do after your lewdness” (Ezekiel 23:48).
  In the measure with which a person metes out to others, they mete out to him. She adorned herself for a sin; the Omnipresent made her repulsive. She exposed herself for a sin; the Omnipresent exposed her. She began the transgression with the thigh and afterwards with the womb; therefore she is punished first in the thigh and afterwards in the womb, nor does all the body escape.
  Samson went after [the desire of] his eyes; therefore the Philistines put out his eyes, as it is said, “And the Philistines laid hold of him, and put out his eyes” (Judges 16:2. Absalom was proud of his hair, therefore he was hanged by his hair. And because he had relations with the ten of his father’s concubines, therefore [they thrust] ten spears in him, as it is said, “And ten of Joab’s young arms-bearers closed in [and struck Absalom until he died]” (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 is said, “So Absalom stole the hearts of the people of Israel” (II Samuel 15:6), therefore three darts were driven into him, as it is said, “And he took three darts in his hand, and drove them through the heart of Absalom” (II Samuel 18:1.
  The same is true for good.Miriam waited one hour for Moses, as it is said, “And his sister stood afar off”, (Exodus 2:4), therefore Israel was delayed for her seven days in the wilderness, as it is said, “And the people did not journey until Miriam was brought in again” (Numbers 12:15). Joseph had the merit of burying his father and there was none among his brothers greater than he, as it is said, “And Joseph went up to bury his father…and there both chariots and horsemen went up with him” (Exodus 50:7,9). Whom do we have who is greater than Joseph since none other than Moses occupied himself [with his burial]? Moses had the merit [to bury] the bones of Joseph and there was none in Israel greater than he, as it is said, “And Moses took the bones of Joseph with him” (Exodus 13:19).   Whom do have greater than Moses since none other than the Omnipresent was occupied [with his burial], as it is said, “And He buried him in the valley” (Deuteronomy 34:6)? Not only concerning Moses did they say this, but concerning all the righteous, as it is said, “And your righteousness shall go before your, the presence of God shall gather you [in death]” (Isaiah 58:8).
  
  
  
  [The husband] brings her meal-offering in a basket of palm-twigs and places it upon her hands in order to weary her. With all other meal-offerings, their beginning and their end are in ministering vessels; but with this, its beginning is in a basket of palm-twigs and its end in a ministering vessel. All other meal-offerings require oil and frankincense, but this requires neither oil nor frankincense. All other meal-offerings come from wheat, but this comes from barley. The meal-offering of the Omer, although it comes from barley, was in the form of sifted flour; but this comes from unsifted flour. Rabban Gamaliel says: just as her actions were the actions of an animal, so her offering [consisted of] animal's fodder.
  [The priest] takes an earthenware bowl and pours half a log of water into it from the laver. Rabbi Judah says: a quarter [of a log]. Just as [Rabbi Judah] reduces the amount of writing, so he reduces the quantity of water. [Then the priest] enters the temple and turns to his right and there was a place there [on the floor] that was a cubit by a cubit, and a marble tablet, to which a ring was attached. When he would lift this up, he would take some dust from beneath it which he puts [into the bowl] so that it would be seen on top of the water; as it is said, “And of the dust that is on the floor of the Tabernacle the priest shall take, and put it into the water” (Numbers 5:17).
  He now comes to write the scroll.From what place [in Scripture] does he write? From “If no man has lain with you  … but if you have gone astray while married to your husband” (Numbers 5:19-20). He does not write, “Then the priest shall cause the woman to swear” (v., but continues, “May the Lord make you a curse and an imprecation … And may this water that induces the spell enter your body make your belly swell, and your thigh to sag.” (vs. 21-22) He does not write “And the woman shall say, ‘amen, amen’” (vs.. Rabbi Yose says:  he makes no omissions. Rabbi Judah says: he writes nothing except, ““May the Lord make you a curse and an imprecation … And may this water that induces the spell enter your body make your belly swell, and your thigh to sag.” (vs. 21-2 He does not write “And the woman shall say, ‘amen, amen’” (vs..
  He writes neither on a [wooden] tablet nor on papyrus nor on rough parchment but on a [parchment] scroll, as it is said, “In a scroll” (Numbers 5:23). Nor does he write with a [preparation of] gum or sulphate of copper or with anything which makes an impression [on the parchment] but with ink, as it is said, “And he will blot it out” (ibid.)    writing which is capable of being blotted out.
  To what does she respond “Amen, amen”?“Amen” over the curse and “amen” over the oath; “Amen” with respect to this man and “amen” with respect to any other man. “Amen” that I did not go astray as a betrothed girl or married woman or a shomeret yavam or a woman taken into [her yavam’s] house. “Amen” that I have not been defiled and if I have, may [these curses] come upon me. Rabbi Meir says: “Amen” that I have not been defiled and the “amen” that I will not become defiled in the future.
  All agree that he cannot make a stipulation with her with regard to the time before she was betrothed or after she is divorced. If she secludes herself [with the man about whom she was warned, but after being divorced] and was defiled and subsequently [her husband] took her back, he cannot make a stipulation with her [in regard to this]. This is the general rule: any with whom she has intercourse and was not prohibited to him [at that time] the husband cannot make a stipulation on this.
  
  
  
  He takes her meal-offering out of the basket of palm-twigs and places it in a ministering vessel and sets it upon her hand. And the priest places his hand under hers and waves it.
  He waves it, he brings it near [the altar], he takes a handful and he turns it into smoke, and then the remainder is eaten by the priests. He [first] gives [her the water] to drink, and then sacrifices her meal-offering. Rabbi Shimon says: he sacrifices her meal-offering and then gives her to drink, as it is said, “And afterward he shall make the woman drink the water” (Numbers 5:26), but if he gave her to drink and then sacrificed her meal-offering it is valid.
  If before [the writing on] the scroll had been rubbed out, she said “I refuse to drink”, her scroll is stored away and her meal-offering is scattered over the ashes. And her scroll is not valid to be used in giving another sotah to drink. If [the writing on] the scroll has been rubbed out and she said “I am defiled”, the water is poured out and her meal-offering is scattered over the ashes. If [the writing on] the scroll had been rubbed out and she said “I refuse to drink”, they open her throat and make her drink by force.
  She had barely finished drinking when her face turns yellow, her eyes protrude and her veins swell. And [those who see her] exclaim, “Remove her! Remove her, so that the temple-court should not be defiled”. If she had merit, it [causes the water] to suspend its effect upon her. Some merit suspends the effect for one year, some merit suspends the effects for two years, and some merit suspends the effect for three years. Hence Ben Azzai said: a person must teach his daughter Torah, so that if she has to drink [the water of bitterness], she should know that the merit suspends its effect. Rabbi Eliezer says: whoever teaches his daughter Torah teaches her lasciviousness. Rabbi Joshua says: a woman prefers one kav (of food) and sexual indulgence to nine kav and sexual separation. He used to say, a foolish pietist, a cunning wicked person, a female separatist, and the blows of separatists bring destruction upon the world.
  Rabbi Shimon says: merit does not suspend the effect of the bitter waters, and if you say that merit does suspend the effect of the bitter waters, you discredit the water in the case of all the women who drink it and defame the pure woman who drank it, since people will say, “They were defiled”, but their merit caused suspended the effect. Rabbi says: merit suspends the effect of the bitter waters, but she never bears a child or thrives, rather she gradually becomes disfigured and finally dies through that death.
  If her meal-offering became defiled before it was sanctified in the ministering vessel, behold it is like all meal-offerings [similarly defiled] and can be redeemed. But if [it became defiled] after it had been sanctified in the ministering vessel, behold it is like all meal-offerings [similarly defiled] and it is burned. These are the ones whose meal-offerings are burned: She who says, “I am defiled to you”; And when witnesses came [and testified] that she had been defiled; She who says “I refuse to drink”, She whose husband refuses to let her drink; And she whose husband had relations with her on the journey [to Jerusalem]. And the meal-offerings of all women married to priests are burned.
  The meal-offering of the daughter of an Israelite who is married to a priest is burned. But the meal-offering of the daughter of a priest who is married to an Israelite is eaten. What [differences are there in law] between a priest and a priest's daughter? The meal-offering of a priest’s daughter is eaten but the meal-offering of a priest is not eaten. A priest’s daughter may become deconsecrated, but a priest does not become deconsecrated. A priest’s daughter may defile herself by contact with the dead, but a priest may not defile himself by contact with the dead. A priest eats of the most holy things, but a priest’s daughter may not eat of the most holy things.
  What [differences are there in law] between a man and a woman?A man [who has leprosy] rends his clothes and loosens his hair, but a woman does not rend her clothes and loosen her hair. A man may vow that his son will become a nazirite, but a woman may not vow that her son will become a nazirite. A man can shave [with offerings set aside for] his father’s naziriteship but a woman cannot shave [with offerings set aside for] her father’s naziriteship. A man may sell his daughter, but a woman may not sell her daughter. A man may give his daughter in betrothal, but a woman may not give her daughter in betrothal. A man is stoned naked, but a woman is not stoned naked. A man is hanged [after being put to death], but a woman is not hanged. A man is sold for [to make restitution for] his theft, but a woman is not sold [to make restitution] for her theft.
  
  
  
  A betrothed woman and a shomeret yavam do not drink [the bitter waters] and do not receive their ketubah, as it is said, “When a wife, being under her husband, goes astray” (Numbers 5:29),  this excludes a betrothed woman and a shomeret yavam. A widow who had married a high priest, a divorced woman or a halutzah who had married an ordinary priest, a mamzeret or a netinah who had married an Israelite, and the daughter of an Israelite who had married a mamzer or a natin do not drink [the bitter waters] and do not receive their ketubah.
  And these are the [women] who do not drink and do not receive their ketubah: She who says “I am defiled”; When witnesses came [and testified] that she was defiled; And she who says “I refuse to drink.” When her husband says “I am not letting her drink”, And when her husband has sexual relations with her on the journey [to Jerusalem] she receives her ketubah but does not drink. If the husbands died before [the women] drank: Beth Shammai says: they receive their ketubah but do not drink, And Beth Hillel says:  they do not drink and they do not receive their ketubah.
  [A wife] who was pregnant by a former husband or was nursing a child by a former husband does not drink and does not receive the ketubah, the words of Rabbi Meir. But the sages says: he may separate her [from himself] and take her back after the period [of two years]. An aylonit [who is incapable of giving birth], an old woman, and one who is unfit to bear children do not drink and do not receive the ketubah. Rabbi Eliezer says: he may marry another wife and be fruitful and multiply with her. All other women either drink or do not receive the ketubah.
  The wife of a priest drinks and [if she is found to be innocent] is permitted to her husband. The wife of a eunuch drinks. Through [seclusion with] all persons forbidden to her in marriage wives are subjected to warning with the exception of a minor and one not a human.
  In the following cases a court can give the warning [on behalf of the husband]: When the husband became a deaf-mute or an idiot, or was imprisoned. Not in order to make her drink did they say this, but to disqualify her from receiving her ketubah. Rabbi Yose says: also to make her drink; when her husband is released from prison he makes her drink.
  
  
  
  Just as the water checks her so the water checks him, as it is said, “And shall enter”, “And shall enter” (Numbers 5:22,. Just as she is prohibited to the husband so is she prohibited to the lover, as it is said, “defiled … and is defiled” (Numbers 5:27,, the words of Rabbi Akiba. Rabbi Joshua said: thus Zechariah ben Hakatzav used to expound. Rabbi says: twice in the portion, “If she is defiled…defiled”--one referring [to her being prohibited] to the husband and the other to the paramour.
  On that day, Rabbi Akiva expounded, “And every earthen vessel, into which any of them falls, everything in it shall be unclean” (Leviticus 11:33), it does not state tame (is unclean) but yitma’, (shall make unclean). This teaches that a loaf which is unclean in the second degree, makes unclean [food and liquids which come into contact with it] in the third degree. Rabbi Joshua said: who will remove the dust from your eyes, Rabban Yohanan ben Zakkai, since you used to say that in the future another generation will pronounce clean a loaf which is unclean in the third degree on the grounds that there is no text in the Torah according to which it is unclean!   Has not Rabbi Akiva your student brought a text from the Torah according to which it is unclean, as it is said “everything in it shall be unclean.”
  On that day Rabbi Akiva expounded, “You shall measure off two thousand cubits outside the town on the east side” (Numbers 35:5).   But another verse states, “from the wall of the city outward a thousand cubits around” (vs. It is impossible to say that it was a thousand cubits since it has been already stated two thousand cubits; and it is impossible to say that it was two thousand cubits since it has been already stated a thousand cubits! How then is this so? A thousand cubits for the field [surrounding the city] and two thousand cubits for the Sabbath-limits. Rabbi Eliezer the son of Rabbi Yose the Galilean says: a thousand cubits for the field [surrounding the city] and two thousand cubits for fields and vineyards.
  On that day Rabbi Akiva expounded, “Then Moses and the children of Israel sang this song unto the Lord and said saying” (Exodus 15:. For the Torah did not need to say “saying”, so why did the Torah say “saying”? It teaches that the Israelites responded to every sentence after Moses, in the manner of reading Hallel; that is why it says “saying”. Rabbi Nehemiah says: as is the reading the Shema and not Hallel.
  On that day Rabbi Joshua ben Hyrcanus expounded: Job only served the Holy One, blessed be He, from love: as it is said, “Though he slay me, yet I will wait for him” (Job 13:15). And it is still evenly balanced whether to read “I will wait for him” or “I will not wait for him”? Scripture states, “Until I die I will maintain my integrity” (Job 27:5), this teaches that what he did was from love. Rabbi Joshua [ben Hananiah] said: who will remove the dust from your eyes, Rabban Yohanan ben Zakkai, since you had expounded all your life that Job only served the Omnipresent from fear, as it is said, “A blameless and upright man that fears God and shuns evil” (Job 1:8) did not Joshua, the student of your student, teach that what he did was from love?
  
  
  
  If a man warned his wife and she secluded herself [with another man], even if he heard [that she had done so] from a flying bird, he must divorce her and give her the ketubah, the words of Rabbi Eliezer. Rabbi Joshua says: until women who spin by moonlight discuss her.
  If one witness said, “I saw that she was defiled”, she does not drink the water. Not only that, but even a slave, male or female, is believed even to disqualify her from receiving her ketubah. Her mother-in-law, her mother-in-law’s daughter, her rival wife, her sister-in-law, and the daughter of her husband are believed, not to disqualify her from receiving her ketubah, but that she should not drink.
  For it would have been logical:  Now if the first evidence [that the woman had secluded herself with the man], which does not prohibit her [to her husband] for all time, is not established by fewer than two witnesses, is it not logical that the final evidence [that she had been defiled] which does prohibit her to him for all time, should not be established by fewer than two witnesses! Scripture states, “And there is no witness against her” (Numbers 5:13) whatever testimony there may be against her [is believed]. And now with respect to the first evidence [about her seclusion with the man] there is an a fortiori (kal vehomer) argument:  Now if the final evidence [regarding her being defiled], which prohibits her to her husband for all time, is established by one witness, is it not logical that the first evidence, which does not prohibit her to him for all time, should be established by one witness! Scripture states, “Because he has found some unseemly matter in her” (Deuteronomy 24:1), and elsewhere [Scripture] states, “By the mouth of two witnesses ... shall the matter be established” (Deuteronomy 19:15); just as the “matter” mentioned in this latter case must be based on the testimony of two witnesses, so also here [in the case of the suspected woman] the “matter” must be based on the testimony of two witnesses.
  If one witness says that she was defiled and another witness says that she was not defiled; Or if a woman says [of her] that she was defiled and another woman says that she was not defiled, she drinks. If one witness says that she was defiled and two say that she was not defiled, she drinks. If two say that she was defiled and one says that she did not, she does not drink.
  
  
  
  The following may be recited in any language:the section concerning the sotah, the confession made at the presentation of tithes, the shema, the prayer (the amidah), the grace after meals, the oath concerning testimony, the oath concerning a deposit.
  The following are recited in the holy tongue (Hebrew):The reading made at the offering of the firstfruits, The recitation at halitzah, The blessings and curses, The priestly blessing, The blessing of the high priest, The section of the king, The section of the calf whose neck is broken, And the priest anointed [to accompany the army] in battle when he speaks to the people.
  How is it that the declaration made [at the bringing] of the first-fruits [must be in Hebrew]? [It is said], “And you shall answer and say before the Lord your God” (Deuteronomy 26:5), and elsewhere it is said, “And the Levites shall answer and say” (Deuteronomy 27:14); just as the “answer” made elsewhere must be in the holy tongue, so must the [declaration discussed here] be in the holy tongue.
  How is it that the formula of halitzah [must be recited in Hebrew]? [It is said] “And she shall answer and say” (Deuteronomy 25:9), and elsewhere it says, “And the Levites shall answer and say” (Deuteronomy 27:14); just as the “answer” made elsewhere must be in the holy tongue, so must the [declaration discussed here] be in the holy tongue. Rabbi Judah says: “And she shall answer and say thus”, she must say it in this language.
  How were the blessings and curses [pronounced]?When Israel crossed the Jordan and came to Mt. Gerizim and Mt. Ebal which are by Samaria, in the vicinity of Shechem which is near 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. 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. [So they continue] 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.
  How was the priestly blessing [pronounced]?In the province (outside of the Temple) it was said as three blessings, but in the Temple as one blessing. In the Temple the name was uttered 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 frontlet (on his forehead). Rabbi Judah says: even the high priest raises his hands higher than the frontlet, as it says, “And Aaron lifted up his hands toward the people and blessed them” (Leviticus 9:22).
  How were the benedictions of the high priest [performed]?The hazzan of the synagogue takes the Torah scroll and gives it to the president of the synagogue; and the president of the synagogue gives it to the vice-president of the synagogue; and the vice-president of the synagogue gives 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 bosom and exclaims, “More than I have read before you is written here!” [The portion], “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 benedictions: “For the Torah”, “For the Temple service”, “For thanksgiving”, “For the pardon of sin”, “For the Temple”, “For Israel”, “For the priests”, viii) and the rest of the prayer.
  How was the procedure in connection with the portion read by the king?At the conclusion of the first day of the festival (Sukkot) in the eighth [year], at the end of the seventh year, they erect 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 synagogue attendant takes a Torah scroll and hands it to the head of the synagogue, the head of the synagogue hands it to the deputy and he hands it to the high priest, and the high priest hands 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!” [The king] 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 the second part of the Shema), 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, until he finishes all the section. The blessings that the high priest recites, the king recites, except that he substitutes one for the festivals instead of one for the pardon of sin.
  
  
  
  When the anointed for battle addresses the people he speaks 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 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” (vs.  “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: “Let not your courage falter”-- at the neighing of the horses and the brandishing 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 ff.), 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 otherwise, “For it is the Lord your God is 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?’” (vs.. 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]?’” (vs. It is the same whether he had betrothed a virgin or a widow, or even a shomeret yavam, 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 halutzah, or an Israelite married a mamzereth or a netinah, or the daughter of an Israelite married a mamzer or a natin, he does not return home. Rabbi Judah 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 used its fruit, He who married his betrothed, Or brought in his yevamah; 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 yevamah’s widow. These do not supply water and food and repair the roads [for the army].
  “Then the officers shall go on addressing the troops and say, ‘Is there anyone afraid and disheartened’” (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 [other categories of those who return home] 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 halutzah, an Israelite who married a mamzeret or netinah, and the daughter of an Israelite who married a mamzer or a natin 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” (ibid 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 chamber and a bride from her canopy. Rabbi Judah says: to what does this apply? To a war commanded [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 Judah says: five, as it is said, “Your elders” two, “and your judges” two, and there cannot be a court of an even number, 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, nor 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 Gentiles, or a city in which there is no court, they would not break [the heifer's neck]. They only measure the distance from a city in which there is a court. If [the corpse] was found exactly between two cities, both of them bring two heifers [between them], the words of Rabbi Eliezer; 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 [of the body] do they measure? Rabbi Eliezer says: from the navel. Rabbi Akiva says: from the nose. Rabbi Eliezer ben Jacob 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” (Deuteronomy 21:3). And a blemish does not disqualify it. They bring it down to a hard (etan) wadi  “etan” is understood in its literal sense of “hard”. Even if it is not “hard”, it is valid [for the ceremony]. They break its neck with a hatchet from behind. The site may never be sown or tilled, but it is permitted to comb flax and chisel rocks.
  The elders of that city then 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 a court of justice are shedders of blood! Rather, [the intention of their statement is that the man found dead] did not come to us [for help] 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.. 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.
  If one witness says “I saw the murderer” and one witness says “You did not see him”; or if 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. That was from the time of Eliezer ben Dinai, 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 at the presentation of 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 Sanhedrin ceased [to function], 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 in the name of Rabbi Joshua:  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 [the rabbis] decreed against [the use of] crowns worn by bridegrooms and against [the use of] the bell. During the war with Quietus they decreed against [the use of] 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 fables ceased. When Ben Azzai died, the diligent students [of Torah] ceased. When Ben Zoma died, the expounders ceased. When Rabbi Joshua died, goodness ceased from the world. When Rabban Shimon ben Gamaliel died, locusts come 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 ceased. 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 (hutzpah) 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, fearers of 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. Rabbi Pinchas ben Yair says, “Heedfulness leads to cleanliness, cleanliness leads to purity, purity leads to separation, separation leads to holiness, holiness leads to modesty, modesty leads to fear of sin, fear of sin leads to piety, piety leads to the Holy Spirit, The Holy Spirit leads to the resurrection of the dead, and the resurrection of the dead comes from Elijah, blessed be his memory, Amen.”