מצוות עשה קסו – רמח (Auto Translated) – תמלול מתורגם

Summary of Shiur on Rambam’s Sefer HaMitzvos (Mitzvos 167-183)

Introduction: The Approach to Learning

The maggid shiur begins with an important observation about the proper approach to giving a shiur. There’s a natural tendency when teaching to want to say impressive things, to show off with clever insights. But the real service here is the opposite – to nullify oneself and simply say what the Torah says, not to add things that aren’t part of the Holy Torah in all its details.

This is exactly what the Rambam did. The Rambam structured his work so that he doesn’t speak for himself – he says what the Gemara says, what the Oral Torah says. He doesn’t exist there; he nullified himself. He never says, as most holy books do, “I thought of a question, I thought of an answer” – making himself part of the story. The Rambam removed himself from the picture and lets the Torah speak.

This is the service we’re doing now – plainly saying what’s written in the verses. Especially here where it’s simply a counting of the commandments, it might seem a bit boring, but this is what we need to learn. We need to learn the entire Torah, including things we already know. That’s the order of learning, that’s the work.

But we’ll discover that when we learn only what’s written in the Torah, most of what’s there we don’t yet know. We’re constantly learning what our Creator wanted written in the Torah. So it’s actually not so boring – it just sometimes takes time. Subjugating oneself and hearing what the Torah says – that’s the service.

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The Order of Festival Mitzvos

The shiur notes an interesting observation about the Rambam’s ordering. Starting from mitzvah 143, the Rambam began the group of Festivals, the category of Times. He started with Sanctification of the New Moon, then several mitzvos of Shabbos, Passover, Rosh Hashanah, Yom Kippur, Sukkos. Now we’re holding at Shemini Atzeres.

For each Festival there’s a mitzvah to rest, and additionally each Festival has its specific mitzvah – like sitting in the sukkah or blowing the shofar.

It’s interesting that this week’s Torah portion is Mishpatim, and Mishpatim is the first time the order of the Festivals is listed. Passover is mentioned earlier in Parshas Bo, but the main Portion of the Festivals is first mentioned in Mishpatim. Nevertheless, the Rambam doesn’t bring the verses from Mishpatim for the mitzvos – he brings the main source from Emor.

On the unusual order: When the Rambam lists the specific mitzvos of each Festival, he doesn’t follow the calendar order – he doesn’t start with Rosh Hashanah. Why? It could be because for Rosh Hashanah he brings the verse from the Book of Numbers, from Parshas Pinchas. The Rambam may have followed the order of the Five Books. The command for the shofar – “It shall be a day of blowing for you” – that’s the command, and it appears in Numbers.

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The Half-Shekel Among Times

Mitzvah 170 is the mitzvah of giving the half-shekel every year. The shiur notes this placement: We’ve learned before that one could say this is a mitzvah related to tithes, or one could say it’s a mitzvah of Times. The Rambam places it among the mitzvos of Times.

With this, we’ve finished the mitzvos of matters of the Festivals, or as the Rambam calls them, the Book of Times.

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Transition to Judges

Now we discuss what the Rambam places in the category of Judges – mitzvos relevant to the Court, the Prophet, the King, the leaders.

The maggid shiur notes uncertainty whether all the mitzvos listed here in the counting of mitzvos appear in the Book of Judges of the Mishneh Torah. For example, listening to a prophet – he thinks that’s in the Laws of Foundations of the Torah. There are many differences between the counting of mitzvos and the book itself. Hearing a prophet doesn’t appear in the Book of Judges [of the Mishneh Torah].

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The Mitzvah of Listening to a Prophet

Mitzvah 172: To listen to every prophet in all generations, “if he doesn’t add or subtract.”

The Rambam elaborates in the Laws of Foundations of the Torah that if a prophet contradicts the prophecy of Moses our Teacher, he’s obviously a false prophet. But if he’s not adding or subtracting, then the mitzvah is “to him you shall listen.”

It’s interesting that this condition is part of the definition of the mitzvah itself, and it’s very important to remember.

Connection to this week’s Torah portion: We learned “and they will also believe in you forever” – the Rambam learns, as do other early authorities, that “forever” means also the prophets of later generations. All prophets have something to do with the prophecy of Moses.

The shiur clarifies: The Rambam says the opposite direction – if a prophet adds or subtracts, you must execute him as a [false] prophet. As long as he’s not subtracting, as long as he says matters that aren’t commandments – there’s a concept… everything in a manner where he’s not adding or subtracting, as the Rambam later enumerates, when said in a manner of permission, etc.

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Mitzvos of Leadership and Courts

Mitzvah 173: To appoint a king – “You shall surely set a king over yourself.”

Mitzvah 174: To listen to the Great Court. Whenever Jews have a Great Court – meaning a Sanhedrin that sits in Jerusalem – there’s a mitzvah to obey them. “According to the law of God… you shall do.”

Mitzvah 175: To follow the majority if there’s a dispute among the Sanhedrin. “Follow the majority.”

Mitzvah 176: To appoint judges and officers in every Jewish community. Not only a Sanhedrin and Great Court, but also on a smaller scale – wherever there’s a congregation of Jews, one must establish judges and officers.

The maggid shiur recalls from Sefer HaChinuch that there are differences between the Land of Israel and outside the Land regarding this. There it’s brought differently – it’s not “in every congregation” but more like every city. There are laws about a Small Court and a Great Court.

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Court Procedures

Mitzvah 177: The judges should treat the litigants equally – not prefer one side, not give protection to one litigant more than the other, and hear both equally. “In righteousness shall you judge your fellow.”

Mitzvah 178: If someone knows testimony about someone, he should testify. If someone knows something, he should say it. “See something, say something.” “If he is a witness, whether he has seen or known” – it continues there that he can say it before the Court. It says in Court he should say it, but he doesn’t have to say it [only] before the Court. If he knows, he must say.

The shiur notes: That’s the language of the positive commandment. Fine news.

Mitzvah 179: The Court should investigate the witnesses – it’s fitting to increase investigations and inquiries. “And you shall inquire and investigate and ask thoroughly.”

Mitzvah 181: Conspiring witnesses – if witnesses came and are found to be conspirators (meaning it was established “you were with us” [elsewhere at the time]), the conspiring witnesses must be punished in the manner that they testified against the one they wanted to obligate – that punishment is given to them. “And you shall do to him as he conspired.”

This is apparently a mitzvah on the Court to administer this punishment – the law of conspiring witnesses.

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Discussion: Who Are These Mitzvos For?

The shiur raises a question: All these mitzvos are for the Court. Just like “you shall remove the evil from your midst,” just like “you shall place judges and officers” is presumably on the congregation or perhaps the Rabbi of the city, or “to appoint” – I want to appoint judges. Yes, but it’s not specifically a mitzvah on every individual.

Important distinction: The Rambam doesn’t hold of the distinction that the author of the Halachos Gedolos made a big deal about – that there are mitzvos for the community, for the individual, and who has which mitzvos. Perhaps yes [there is such a distinction]. But the Rambam isn’t only interested in what a person has to do – rather, he wants to know what the Torah says. Everything that’s written in the Torah he wants to go through – the entire Oral Torah. So yes [he includes everything].

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Additional Mitzvos

Mitzvah 182: The Beheaded Calf – if a person is found dead near a city, there’s the mitzvah of the beheaded calf. “And they shall break the calf’s neck there in the valley.”

Mitzvah 182-183: To prepare six cities of refuge for one who kills accidentally. “You shall prepare the way and divide the borders of your land into three” – the Torah describes how to set up the boundaries so that in every area there should be a city of refuge.

Mitzvah 183: To give the Levites cities to dwell in. The Levites didn’t receive an inheritance in the Land of Israel, but they do receive cities where they can live near the territories of the other Jews – they’re given a certain area. “And they also provide refuge” – also the cities belonging to the Tribe of Levi serve as [cities of refuge]…

Someone asks about “the open spaces around the cities.” The shiur clarifies: No, the Levites receive their cities with open spaces – not that they should have the open spaces of the [other] Jews.

The shiur notes this is placed in a very unusual location. He doesn’t say here… because seemingly giving to the poor and needy is a mitzvah for its time, not a one-time mitzvah.

Cities of Refuge and Protection of Life

Cities of Refuge (Mitzvah 182-183)

The next mitzvah is to prepare six cities of refuge for one who kills accidentally, as it says “you shall prepare the way and divide the borders of your land into three.” The Torah describes how to set up the boundaries so that in every section of territory there should be a city of refuge.

Mitzvah 183 is to give the Levites cities to dwell in. The Levites didn’t receive an inheritance in the Land of Israel, but they do receive cities where they should live near the portions of other Jews, and there they’re given a certain amount of territory.

“And they also provide refuge” – also the areas that belong to the Tribe of Levi are also what? The open spaces of the cities? No. The Levites receive their cities and their open spaces, not that they are the open space of other Jews.

One minute. Here it’s written in a very interesting place. He doesn’t say here… because seemingly to give cities to the Levites is a mitzvah for its time, not one of the 613 mitzvos. Ah, the word is “and they also provide refuge.” It seems like two things are stated here.

“And they also provide refuge” – besides the regular cities of refuge, there’s an addition: the cities of the Levites are a place where those who kill accidentally can flee, they provide refuge, as it says “and you shall give to the Levites cities.”

How do we see there that it is… “and you shall give” it says there, no? It doesn’t say it directly afterward. Ah, no, it says that the Levites… it says the opposite. It says in the verse, look into the verse, it says the opposite. It says that the Levites receive cities, and which cities do they receive first? The six cities of refuge, plus another forty-two. We understand that both provide refuge. Ah, and afterward it says “and you shall designate for yourselves” – I guess perhaps we learn there from the juxtaposition. We’ll see when we learn the laws. It says here that they are… ah, it doesn’t say here explicitly that the… no, afterward it says “and you shall designate for yourselves cities of refuge.” The plain meaning here seems to be that besides the six cities of refuge, they received additional cities. That all of them provide refuge – that we’ll learn when we learn the topic of cities of refuge.

Building a Fence (Mitzvah 184)

Mitzvah 184 – it’s interesting that he places it in the category of law. It seems more like a mitzvah of “and you shall greatly guard your souls,” a protection. To make a fence when a person has a roof where a person can walk around, as it says “and you shall make a fence for your roof.”

This is categorized – this is the Rambam’s approach, he always makes it according to the order. He has listed here… okay, who knows, if there’s an order it’s more about matters of murder. Here where there’s the beheaded calf and the streams stop and the refuge comes in, aha.

You think it belongs to – by the Rambam in the Book of Judges – to the topic of protection of life. The protection of life is a branch of “you shall not murder.” If a person wouldn’t make a fence, he would be somewhat an accidental killer, something like that. Aha, interesting.

It says “lest the one who falls should fall from it” which connects to a concern of murder. What you’re saying about “and you shall guard” is about oneself, but the main thing is about others, and regarding others, what concern is it? Murder. Okay, excellent.

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Warfare Against Idolatry

The Grouping of Mitzvos (Mitzvos 185-190)

Mitzvah 185 – here there’s going to be a group of mitzvos about matters of idolatry, waging war against idolatry. What is the group? He calls it “idolatry warfare.” This is always written in a list in order. No, the next few – first he speaks a bit about idolatry and waging war against idolatry, and afterward he speaks about laws of warfare.

So seemingly the point of this group of mitzvos is more like – you can say it’s like the teaching “three mitzvos were commanded to Israel upon entering the land” – to conquer the land, kill the seven nations, to build the Temple. It’s not here, but the matter of the three kings as laws of warfare, like the order of conquering the land.

So by the Rambam here, he’s thinking: what does one do when coming to the Land of Israel, how does one do this? One removes the idolatry. This is understood in that context – when one comes to the Land of Israel, it’s not just a mitzvah in itself. I mean, when one would learn laws of idolatry, one sees more that it would fit for the Rambam when one says… everywhere a Jew comes and has power in the city… That’s true, but this should also apply outside the Land. In Kiryas Yoel or in Skver, if there’s a church, one should also break it down.

This is not laws of idolatry, this is a different context. And also in the verse, it could be that the Sages saw what they saw – that the order goes more with the order of the verses like Mishneh Torah itself. In Mishneh Torah, the mitzvah of idolatry is indeed in laws of idolatry, but here is not the context of idolatry, here the context is more of warfare, of what you can call laws of warfare. And laws of warfare has all these types of wars.

First, the most important thing is to eradicate idolatry, because the Rambam thinks that all wars by Jews begin from eradication of idolatry.

The Wayward City (Mitzvah 186)

After killing the wayward city he says further – it’s a tremendous thing – Mitzvah 186: “and to kill the people of the wayward city and to burn everything in it” – to burn the entire city when the majority of the city served idolatry, as it says “and you shall burn the city with fire.”

The Seven Nations and Amalek (Mitzvos 187-189)

Further, the next mitzvah is “to destroy the seven nations in the Land of Israel” – in the Land of Israel lived seven nations, and there’s a mitzvah to kill them all. This is also because they are idol worshippers, as the Rambam writes, as it says “for you shall utterly destroy them,” and “you shall not let any soul live,” etc.

Mitzvah 188: “To destroy the seed of Amalek,” as it says “you shall wipe out the memory of Amalek.”

Mitzvah 189: The next mitzvah – to always remember, “to remember” – always remember to wage war, “to remember what Amalek did to us always,” as it says “remember what Amalek did to you.”

The Rambam explained this famously in Sefer HaMitzvos – that it means to remember in order to be able to wage war. If you ask why not the opposite, why does one need to remember when one needs to erase? No, that’s not the problem, because people when they’re not angry at someone don’t wage war. War comes from a certain… one needs to constantly maintain the hatred, remind oneself of the hatred. A whole year people are rational and not emotional, but in practice, the emotion – remembering what they did, and making the commotion on account of it – one needs to go to war.

Laws of Optional War (Mitzvah 190)

Mitzvah 190: “To conduct oneself in an optional war according to the law written in the Torah” – to conduct oneself with the laws that the Torah says. When there’s an optional war – meaning when a king wants to expand the borders of the Land of Israel – he must do it according to the laws of first trying to make peace, beginning with peace, and he shouldn’t have any danger at all, and he should conduct himself according to the laws. Excellent.

The Priest for War (Mitzvah 191)

The next mitzvah is to anoint a priest for war. A war must have a priest who leads the war, he’s called “the anointed for war,” as it says “and it shall be when you approach the battle, the priest shall come forward” – that he speaks to the people.

It seems that this itself is the mitzvah – that there should be the priest who speaks to the people. Because seemingly what the priest says, the entire “return of the battle formations,” is perhaps part of “when you go out to war against your enemies,” the law that is written. And besides that, there’s perhaps a matter, a mitzvah. Why this is so, I don’t know. There’s a mitzvah like this – that there shouldn’t be only a general, but there should also be a priest.

By the way, is there something here about Mashiach? Is there a mashiach milchamah? Yes, there’s a mashiach milchamah. There are many meshichim. Mashiach ben David is mashiach for kingship, not for war. Perhaps also for war, I don’t know. And this is Mashiach ben Yosef. Okay. We’ll see when we learn hilchos milchamos. It doesn’t say that it must be a kohen, it just says. Mashiach ben Yosef is mashiach milchamah. I don’t know that the Rambam says he must be a kohen.

The Rambam begins with the midos of Keser, the first mitzvah there is to know Hashem, and he ends with hilchos melachim. Yes. But not here, here the order continues. Yes, yes, yes. One mentions malchus, Mashiach, hilchos milchamos.

Cleanliness in the Camp (Mitzvos 192-193)

The next mitzvah is when Jews are in a camp, when they’re in wars, they should keep themselves clean and have a “yad,” as it says “v’yad tihiyeh lecha michutz lamachaneh” – keeping clean.

So one mitzvah is to prepare a designated place, and the next mitzvah is to prepare a spade. “Yad” means a place where one should go out to, and “yased” means that after going out one should bury it, one should clean oneself. Two details in keeping the camp clean.

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Interpersonal Monetary Obligations

Introduction to Bein Adam L’Chaveiro

So further, here there are going to be various mitzvos in bein adam l’chaveiro (interpersonal matters), which the Rambam counts – perhaps some of them in hilchos de’os, some of them in mishpatim. Ah, it’s more than in Rambam, there are three halachos of bein adam l’chaveiro like this. Regarding monetary matters, the three Bavos.

Returning Stolen Property (Mitzvah 193)

To return stolen property – when someone steals, he should return it, as it says “v’heishiv es hagezelah asher gazal.”

Tzedakah (Mitzvah 194)

Mitzvah 194 is to give tzedakah (charity), as it says “pasoach tiftach es yadecha.”

They are good neighbors, these two. It happens that someone steals, and he does teshuvah and returns the stolen item, and he gives tzedakah. It’s also the case that when a person doesn’t give tzedakah, it’s perhaps a type of theft, because Hashem gave it to him so he should give it further, and he keeps it for himself.

Mitzvah 194, I mean there’s something to think about. Okay, yes.

Ha’anakah – Gifts to a Freed Slave (Mitzvah 195)

Mitzvah 195 is to give gifts to a Hebrew slave – when one frees an eved ivri, there’s a mitzvah to give him a gift, as it says “ha’aneik ta’anik lo mitzoncha umigornecha umiyikvecha.”

Lending to the Poor (Mitzvah 196)

Mitzvah 196 is the mitzvah of giving a loan to a person who needs, to lend to the poor, as it says “im kesef talveh es ami es he’ani imach.”

And also, the Rambam brings a proof that the language “im” seemingly means “if you will want to,” that it’s optional, but “this is not optional, rather it’s a mitzvah” – because it says in another place, what does it say there? “Ha’aveit ta’avitenu” – that it’s a mitzvah to lend to a Jew.

Lending to a Non-Jew with Interest (Mitzvah 197)

Mitzvah 197 is that for a Jew one must lend for free, but for a non-Jew one must lend with interest, to lend to a non-Jew with interest, as it says “lanochri sashich.”

As the Rambam says, the Torah she’b’al peh about this is – the halachah l’Moshe miSinai – that it’s a mitzvas aseh specifically for a non-Jew to give with interest and not give for free. It’s not optional, it’s not that you don’t have to give for free, rather it’s a mitzvah.

You know which mitzvah this is? What is the mitzvah? “To a non-Jew you shall lend with interest.” Not to be a good person where you don’t need to, but to be a good person where you need to. Where does one need to be a good person? But one can make money, one wants to make money, hello? Yes, but you need to be good to your brothers, and to strangers you shouldn’t be such a good person, because a person’s goodness is limited – use it wisely.

Returning Collateral (Mitzvah 199)

Mitzvah 199 is to return collateral to its owner – when a person borrows from someone and he receives collateral, he shouldn’t hold back the collateral, as it says “hasheiv tashiv lo es ha’avot.” This means something that he needs to use, a nighttime garment and similar, such a type of halachah.

Paying Workers on Time (Mitzvah 200)

Mitzvah 200 is to give a worker his wages on time. When someone hires someone to do work as a salaried employee – he gets paid by the hour, not a contractor – one must pay him that day, as it says “b’yomo titein s’charo.” A great mitzvah.

Allowing Workers to Eat (Mitzvah 201)

Mitzvah 201: A hired worker may eat during his work time. When one hires someone and he works in the field, one should let him eat. It’s a simple mitzvah – one shouldn’t keep a person hungry because he sees so much fruit and wants to eat. Yes, it’s “ki savo b’kerem rei’echa v’achalta anavim k’nafshecha sav’echa” – you should let him eat.

And so on, that when a friend’s animal is dragging a heavy load…

Interpersonal Mitzvos

Mitzvah 201 – A Hired Worker May Eat During Work

When one hires someone and he works in a field, one should let him eat. It’s a simple mitzvah – one shouldn’t keep a person hungry because he sees so much fruit around him, as it says “ki savo b’kerem rei’echa v’achalta anavim k’nafshecha sav’echa.”

Mitzvah 202 – Helping a Friend with His Animal

When a friend’s animal is dragging a heavy load, one should help him, as it says “azov ta’azov imo.”

Mitzvah 203 – Loading the Burden onto the Animal

Not only when it’s already dragging should one help unload, but also when one wants to load a heavy burden onto an animal and needs help, one should lend a shoulder for a Jew, as it says “hakem takim imo.”

There’s a concept of unloading and loading – if the animal is too heavy one must unload, if it’s too light and the Jew needs to pull himself out, there’s a special mitzvah to load.

I think the Chaverim members are fulfilling these mitzvos today on behalf of all Israel. They help Jews with heavy unloading and loading, they are stuck on the road.

Mitzvah 204 – Returning Lost Objects

When a person finds a lost object, there’s a mitzvah of returning lost property, as it says “hasheiv teshivem l’achicha.”

Mitzvah 205 – Rebuking the Sinner

One should rebuke, one should give mussar to a sinner, as it says “hochei’ach tochi’ach es amisecha.”

It’s interesting, we see here that the reason one should give mussar is like all other things – helping out a Jew. A Jew is wandering. It’s not something we do, we’re concerned for Hashem, rather we’re concerned for a Jew who is unfortunately wandering on a bad path.

It could even be that it doesn’t specifically mean when he sins against Hashem, but when he sins against you. “Lo sasim michshol” is when he comes to ask you, you should give him proper advice. And this is when you see how he’s not… I remember how the Rambam says it, that “v’lo sisa alav cheit” – that if someone has a dispute with you, you should tell him, don’t let it become a problem, become a bigger thing.

Mitzvah 206 – Loving Every Member of the Covenant

To love every Jew. I don’t understand why the Rambam puts in the words “bnei bris” – perhaps he means to say “one who does the deeds of your people.” One who is a Jew who follows the covenant of Mount Sinai, there’s a mitzvah to love him, as it says “v’ahavta l’rei’acha kamocha.”

The Rambam in Shemonah Perakim says that there’s the middle measure… then against that, the mitzvah is as if it’s even higher. One must work on it, loving all Jews.

Mitzvah 207 – Loving the Convert

Not only loving Jews which is a bit easier, those who were born Jewish, but also a ger – one who lived among Jews and settled among the Jews, accepted conversion, as it says “va’ahavtem es hager.”

Mitzvah 208 – Conducting Business Honestly

To conduct honest business, “tzedek moznei tzedek” – scales and weights. In olden times this was important in business – one puts the stone on one scale, and according to how much the stone is worth a pound, one gives a pound of apples.

Today it would mean keeping the books honestly – one should send an invoice that’s accurate. One doesn’t make scales today, it’s digital. “Moznei tzedek, avnei tzedek” – the QuickBooks should be accurate, there shouldn’t be any mistakes.

I saw that at the gas station there’s a sticker from the government – they come to check that when it says a gallon it’s really a gallon. Literally honest scales, wonders of wonders.

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Honoring Torah Scholars and Parents

Mitzvah 209 – Honoring a Torah Scholar

Every person deserves the honor that’s due to him. An ordinary Jew one must love, but one who is a wise man who requires certain honor, one must – the way of relating to him is with honor.

It’s a matter of simply elevating those who need to be elevated. Honoring a Torah scholar, as it says “mipnei seivah takum.” “Mipnei seivah takum” doesn’t mean an elderly Jew – it means a zaken who has acquired wisdom.

Mitzvah 210 – Honoring Father and Mother

As it says “kabed es avicha v’es imecha.”

Mitzvah 211 – Fearing Father and Mother

Not only honor, but also fear, as it says “ish imo v’aviv tira’u.” And there’s a Gemara there that explains what is honor and what is fear.

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Marriage Laws

We learned in the Rambam, Seder Nashim came very early, here it comes very late, because it’s already 204. Interesting, in the Torah this is actually the first mitzvah. Only because everyone learns in Sefer HaChinuch and goes in the order of the Torah, but the Rambam doesn’t specifically go in that order.

Mitzvah 212 – Being Fruitful and Multiplying

The first mitzvah that was said to Adam, as it says “pru u’rvu.” It’s a mitzvah on every man to have two children.

Mitzvah 213 – Marital Relations Only Through Kiddushin

One should have marital relations only specifically through kiddushin beforehand, not have relations without kiddushin, as it says “ki yikach ish ishah u’va eleha.” This is the Rambam’s view, and they’ve already debated this extensively in hilchos ishus.

Mitzvah 214 – Making One’s Bride Happy for a Year

After one takes a wife with kiddushin, one should be with her for a year, and one should make her happy for a whole year, as it says “naki yihiyeh l’veiso shanah achas.” A great mitzvah.

Mitzvah 215 – Circumcision

After he got married, he had a baby. One must circumcise the baby, as it says “u’vayom hashmini yimol besar orlaso.”

Mitzvah 216 – Yibum (Levirate Marriage)

After he had a baby, sometimes it happens that he passed away without the baby. What does one do then? Perform yibum with the brother’s wife – if the brother didn’t leave any children, the brother must fulfill the halachah, as it says “yevamah yavo aleha.”

Mitzvah 217 – Chalitzah

If he cannot perform yibum, or he doesn’t want to, he can perform chalitzah, “v’lo yaveh yevami,” to perform chalitzah with his yevamah, as it says “v’chaltzah na’alo me’al raglo.”

Mitzvah 218 – A Rapist Must Marry His Victim

What happens if someone didn’t get married, but he encountered some girl in the field, and he did what he did, what must he do then? And he wants to marry her, if she agrees, we learned inside “lo yuchal l’shalchah kol yamav.”

Mitzvah 219 – One Who Slanders His Wife

What happens if a man got married and slanders his wife? He decided that he doesn’t want her, he tells a story that he found an open door or some such story, slander – what must he do? He must live with her, “v’lo sihiyeh l’ishah.”

This is very similar to a rapist marrying his victim. There’s another point – “you broke it, you keep it.”

Mitzvah 220 – A Seducer

The next mitzvah is regarding a na’arah – he didn’t force her, but he seduced a young girl, and the father doesn’t agree to the match. What must he do? He must pay a fine, fifty shekel, and other laws stated in Ki Seitzei.

Mitzvah 221 – A Beautiful Captive Woman

When a man goes to war and sees there a beautiful captive woman, and he decided that he wants to marry her – we explain in the laws of yefas to’ar what he must do to her.

Now it happens that he got married, and he no longer wants to be married, he’s finished, he must keep her further – what does he do then?

Mitzvah 222 – Divorcing with a Document

He cannot just send her away casually, rather it must be in a certain manner with a get, as it says “v’chasav lah sefer kerisus v’nasan b’yadah.” It looks similar to kiddushin – just as kiddushin has a concept of kiddushin, so too divorce is with a document.

Mitzvah 223 – Sotah

What happens if he suspected his wife of impropriety? He knows bad things about his wife – he must divorce her with a document. But if he knows that she committed adultery, she becomes forbidden as a married woman, which is stricter – one does even stricter things, and one follows the laws of sotah here.

Well, not really – because if you remember, sotah, if he wants to divorce her, it’s no longer sotah, it’s finished. Sotah is an advice for how he shouldn’t have to divorce. It’s an advice to reveal that perhaps she’s not a sotah. But on the other hand, in the possibility that yes, she gets worse than a get.

So it’s to beat, but does more than a get – that’s the threat of it. If he wants to go with the full severity of the law, he says “I divorce you and I move on.” But if he wants to say “I want to keep you, but if by mistake, that you’re proper,” then there’s the punishment of sotah. It’s an advice for how to keep her. The get is a lighter stringency compared to sotah, because it’s for the husband’s benefit.

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Punishments of Beis Din

Mitzvah 224 – Lashing the Wicked

The mitzvos of punishments and various penalties that must be done to people who deserve punishment from the court. Let’s not say wicked – let’s say Jews who have earned from Beis Din a certain mitzvah in the Torah. From the law of the members of Beis Din it’s a mitzvah according to the Rambam.

If someone does a negative commandment, what does one do? If someone transgresses a negative commandment that doesn’t carry the death penalty from Beis Din, he must receive lashes, as it says “v’hipilo hashofet v’hikahu.” There’s the language “wicked” – that’s indeed the language in a verse, but truly it’s certain transgressions.

Mitzvah 225 – Exile

What if someone caused a car accident and killed someone? Exile, as it says in the verse. The verse here doesn’t actually state the punishment of exile, by the way.

What if someone committed accidental murder? One should send him into exile. Besides the fact that he runs himself because he wants to be saved from the blood avenger, but also here there’s a mitzvah to banish him, even in a case where there’s no blood avenger.

The city of refuge is both a punishment and a rescue from being killed. The Rambam places it here among punishments, not among rescue – as is the plain meaning of the verse. It’s already mentioned earlier that one should establish cities of refuge, but it’s indeed in the Gemara – he sees it more as a punishment than as a rescue. I mean that he must stay there forever, even when the other person has already forgotten.

Mitzvah 226 – Beis Din Executing by Sword

One who is liable to death by Beis Din through the sword, Beis Din should carry it out, as it says “nakom yinakeim” means by sword.

Mitzvah 227 – False Witnesses by Strangulation

When there’s false testimony, when they accuse someone of a capital crime punishable by strangulation, one should execute them by strangulation.

Mitzvah 228 – Burning

When there’s a daughter of a kohen who sinned, one should burn her.

Mitzvah 229-230 – Stoning

When a Jew desecrates Shabbos, or other things where stoning is through a Beis Din of laymen with witnesses, who took the curse upon themselves.

I understood that I didn’t mean that Beis Din must throw the stones, rather the witnesses must throw, or other Jews must throw. But Beis Din is the one that carries out the… The Rambam says that everything is to Beis Din. This tells us that Beis Din should throw.

Capital Punishment and Burial

The Four Methods of Execution

Mitzvah 238 is burning – when there’s a case requiring burning, such as a daughter of a kohen or the other cases where burning applies, as it says “ba’eish tisaref,” Beis Din carries it out.

Mitzvah 239 is when a Jew desecrates Shabbos or commits other sins punishable by stoning, Beis Din stones him with stones, as it says “u’ragmu oso kol ha’am.”

It’s interesting, because it doesn’t always mean that Beis Din itself must throw the stones. Often the witnesses must do it, or other Jews must, but Beis Din is the one that oversees it, and Beis Din fulfills what the verse states.

The Rambam doesn’t say this explicitly – the Rambam says everything is Beis Din. You say this because you know what it says in the verse. I know what it says in the verse. No, I mean that when the Rambam says “for Beis Din to stone,” it means that Beis Din should make sure – the job lies on Beis Din, even if the actual mitzvah is perhaps on the witness. But “for Beis Din to stone” means that Beis Din takes care of the mitzvah of stoning.

I think it’s very clear in the Rambam that these are mitzvos on Beis Din. I don’t remember him saying that the mitzvah is on Beis Din. By this one it’s very important that it’s a Beis Din mitzvah.

Presumably one makes a celebratory gathering for the rare mitzvah of stoning!

Mitzvah 240 is to give hanging to one who is liable for hanging – when someone receives the punishment of hanging, Beis Din should carry it out, as it says “and you shall hang him on a tree.”

The Mitzvah of Burial

And after stoning has been administered, there’s a mitzvah that one shouldn’t leave him hanging, rather to bury the executed on that day. This doesn’t apply specifically to hanging, but anyone who was executed by Beis Din should be brought to burial that same day, as it says “for you shall surely bury him on that day.”

The verse states that if someone was hanged, whatever that is exactly, one should immediately take him to be buried. The Rambam learned that this is the halachah. He doesn’t say “all” – he says whoever is the executed person, whoever is liable, and yet there is a mitzvah of burial.

From here we derive the general mitzvah to bury a Jew. Without this, we wouldn’t know there’s a mitzvah to bury a Jew. Like many mitzvos – just as “you shall not eat any carcass” says “to the stranger who is in your gates,” but it means all Jews.

It’s actually fortunate that sometimes one must execute someone. From the fact that someone who was killed must be given burial, we derive that any Jew must be given burial. This is learned from a braisa that says “all the more so for all of Israel.” This applies to everything else as well.

This is why the laws of mourning appear in the Laws of the Book of Judges – because it comes out from, we learn it out from, those liable for stoning who must be buried. We also learn from another place that there’s a mitzvah of mourning – from the kohen who must become ritually impure for his relatives.

The Story of R’ Chaim Brisker

This is relevant – there’s a story with R’ Chaim Brisker. A Jew came to complain about the Chevra Kadisha (burial society). R’ Chaim looked at a Rambam and sent him home. When asked what happened, he explained that he saw that the laws of burial are not an obligation on the son, it’s not a law in the laws of mourning, rather it’s an obligation on Beis Din – that Beis Din must be involved in ensuring that a Jew comes to a proper burial. Therefore, this is the work of the Rav.

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Laws of Servants

We’re not obligated according to what we say, but this is just how we learn it out. Okay, stories we always tell a good story. Further.

Mitzvah 242 – to judge a Hebrew servant according to his laws. Okay, until now were laws of capital punishment, laws of penalties. Now we’re going to learn a few more laws of the Hebrew servant – one should judge according to the laws in Parshas Mishpatim basically. Yes, the Hebrew servant section – to judge a Hebrew servant according to his laws, that he goes out in the sixth year, or the redemption of the woman when the Hebrew servant goes out. Yes, not in the sabbatical year, but in the sixth year, okay.

Mitzvah 243 – to designate a Hebrew maidservant for marriage, as it says “and if he has not designated her” – that one should give an opportunity for a Hebrew maidservant, that the master should be able to marry her or the son should be able to marry her. This is a mitzvah – it’s not just that one can, it’s a mitzvah. It’s made for this purpose.

A Hebrew maidservant is really a kind of betrothal – people don’t understand this well. I learned the Gemara this week – a Hebrew maidservant is really just another way to get married. It’s used like many ways of getting married – a rapist, a seducer, another way is a Hebrew maidservant. The father doesn’t have money, so he sells her. He doesn’t sell her as a real servant to work – he sells her apparently for marriage. Not eventually – that’s the main point, the main point, I’m saying the plain meaning. Okay, further.

Mitzvah 244 – to redeem the Hebrew maidservant, as it says “and he shall redeem her.” Another mitzvah – if he doesn’t want to marry her, he should let her go free.

Mitzvah 245 – that differently with a Canaanite servant one should act differently and not free him, rather to work with a Canaanite servant forever, as it says “you shall work them forever.”

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Laws of Damages – Nezikin

Mitzvah 246 – the law of one who injures his fellow with monetary payment. If someone damages another Jew, he must pay with a fine, as it says “as he has given a blemish to a person, so shall it be given to him.” Now we’re entering the laws of Parshas Mishpatim. Look, it’s in order – there are certain things learned in Parshas Emor, but the source is actually in Parshas Mishpatim.

Mitzvah 247 – to judge damages caused by an animal. When an animal causes damage, one should judge the laws of damages – damage by an ox, forewarned or innocent, as it says “and if an ox gores another’s ox.”

The next mitzvah – to judge damages of a pit. If someone damaged another through leaving an open pit or digging a pit, as it says “if a man opens a pit.”

Mitzvah 239 – to judge a thief and payments or death. To give a thief what’s coming to him. Sometimes – meaning a kidnapper receives death, or a thief of property must pay double payment or fourfold and fivefold.

Mitzvah 240 – to judge damages of fire, if a person damaged another through his fire, as it says “if fire goes out and finds thorns.”

Mitzvah 241 – to judge damages of fire, if a person caused damage through his fire, as it says “if fire goes out and finds thorns, he shall surely pay.”

Mitzvah 242 – the law of an unpaid guardian, as it says “if a man gives his fellow money or vessels” – when he must pay in certain circumstances, when he’s exempt, when he’s liable.

Mitzvah 243 – to judge the law of a paid guardian and a renter. All these laws are in Tractate Bava Metzia, as it says “if a man gives his fellow a donkey or an ox.”

And the next is a borrower – to judge the law of a borrower, as it says “and if a man borrows from his fellow” – Beis Din should judge the laws of the borrower, when he is liable and when not.

The Rambam’s Formulation of “To Judge the Law”

All these “to judge the law” formulations are the Rambam’s… no, it’s not. It’s the Rambam’s trick of making things that aren’t really a mitzvah into a verb. What he simply means to say is that a borrower is liable for accidents, and a… but it’s a mitzvah dependent on Beis Din – he’s only liable when he comes to Beis Din, and then he’s obligated to pay. Then I can say it means it’s an obligation when he comes to Beis Din.

It’s not true, it’s not true. All these “to judge the law” are simply – the Rambam has a trick, the Rambam has a problem: how can a mitzvah apparently need to be a verb, something to do, a positive commandment? And here many mitzvos are not positive commandments, many of them he tries to attach a mitzvah. One of his tricks is to write “to judge the law,” but it doesn’t mean there’s an extra mitzvah “to judge the law,” it’s also not a mitzvah that one must come to Beis Din.

The rule that a paid guardian is liable for theft and loss and an unpaid guardian is exempt has nothing to do with Beis Din, but you know the law yourself – it’s the obligation itself. It could be that he would be liable in Beis Din, but he is liable. The rule is that one shouldn’t be… [unclear]

How old is this opinion? Let’s see with the law of buying and selling. There’s a sort of debate in buying and selling – the laws of buying and selling apply only with monetary loss, only with property. The verse only mentions loss, with property. Or at minimum one must look in the Rambam. One can discuss all acquisitions – there are various things.

Further, let’s see with the law of a claimant and denier. If someone claims that his friend owes him money, or he denies it, it says “for every matter of transgression.” Usually someone claims and the other denies – that’s how it goes. Ah, here it says claimant and defendant – this is basically claimant and defendant, this is such a category. This also appears in this week’s Torah portion, “for every matter of transgression.”

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Saving the Pursued

What’s the problem there? The mitzvah is to save the pursued person even at the cost of the pursuer’s life.

Until now were laws of Parshas Mishpatim. Now, what’s another detail in laws? This – that one must save a pursued person, even at the cost of the pursuer’s life, and one may kill the pursuer, as it says “and you shall cut off her hand.”

This is basically like a detail in the laws of injury. I can say it as if – there’s sometimes, why does it come in here apparently, right? It’s like injury and damage, and sometimes one can save by cutting off the hand of the pursuer, and similar. Even with his life, but yes. But it does appear in the context of “if men fight,” according to how the Gemara learns the plain meaning.

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Laws of Inheritance

Mitzvah 248 – let’s see with the laws of inheritance, as it says “if a man dies and has no son” – one should pass on the inheritance further as it says in the verses.

And with this we’ve concluded the positive commandments of the Rambam.

Inheritance is also a mitzvah that’s fortunate there’s an exception, so we know the rule, right? It doesn’t say anywhere that there’s a mitzvah that the son inherits. It says what does one do if he doesn’t have a son? How do we know he should inherit? Because we understand it that way. Okay, that’s another such logic.

The Story of Rabbi Avraham Tchechnov

There’s also a story – Rabbi Avraham Tchechnov, when his wife died, he went and took her garment from the closet and said he’s fulfilling the mitzvah of “and the husband inherits his wife.”

According to the plain meaning, it’s not a mitzvah to take – it only means it’s a right. Because they finished mitzvos taught by rote.