Shoftim (parsha)
Encyclopedia
Shoftim, Shof'tim, or Shofetim (שֹׁפְטִים — Hebrew
for “judge
s,” the first word
in the parshah) is the 48th weekly Torah portion (parshah) in the annual Jewish
cycle of Torah reading
and the fifth in the book of Deuteronomy. It constitutes Jews generally read it in August or September.
The parshah provides a constitution
— a basic societal structure — for the Israelites. The parshah sets out rules for magistrate
s, kings
, Levite
s, prophet
s, cities of refuge
, witness
es, war
, and an unaccounted corpse
.
directed the Israelites to appoint magistrates and official
s for their tribe
s to govern
the people
with justice
, impartially
, without bribes
. “Justice, justice shall you pursue,” he said.
altar
or erecting a stone
pillar
.
Moses warned the Israelites against sacrificing
an ox
or sheep
with any serious defect
.
If the Israelites found a person who worship
ed other gods
, the sun
, the moon
, or any celestial body
, then they were to make a thorough inquiry
, and if they established the fact
on the testimony
of two or more witnesses, then they were to stone the person to death
, with the witnesses throwing the first stones.
proved too baffling for them to decide, then they were promptly to go to the place that God would choose for God’s shrine
, appear before the priests
or the magistrate in charge and present their problem, and carry out any verdict
that was announced there without deviating either to the right or to the left
. They were to execute
any man who presumptuously disregarded the priest or the magistrate, so that all the people would hear, be afraid
, and not act presumptuously again.
, they decided to set a king over them, they were to be free to do so, taking an Israelite chosen by God. The king was not to keep many horse
s, marry
many wives, or amass silver
and gold
to excess. The king was to have the priests write for him a copy of this Teaching to remain with him and read all his life, so that he might learn to revere God and observe these law
s faithfully. He would thus not act haughtily toward his people nor deviate from the law, and as a consequence, he and his descendants would enjoy a long reign.
, cheeks, and stomach
of sacrifices, the first fruits of the Israelites’ grain
, wine
, and oil
, and the first shearing of sheep
. Levites were to be free to come from their settlements to the place that God had chosen as a shrine to serve in the name of God with their fellow Levites, and there they were to receive equal shares of the dues.
ren to fire
, or act as an augur
, soothsayer
, diviner
, sorcerer, one who casts spells
, one who consults ghost
s or familiar spirit
s, or one who inquires of the dead
, for it was because of those abhorrent acts that God was dispossessing the former residents of the land.
God would raise a prophet from among them like Moses, and the Israelites were to heed him. When at Horeb the Israelites asked God not to hear God’s voice directly, God created the role of the prophet to speak God’s words, promising to hold to account anybody who failed to heed the prophet’s words. But any prophet who presumed to speak an oracle in God’s name that God had not commanded the prophet to utter, or who spoke in the name of other gods, was to die. This was how the people were to determine whether the oracle was spoken by God: If the prophet spoke in the name of God and the oracle did not come true
, then that oracle was not spoken by God, the prophet had uttered it presumptuously, and the people were not to fear him.
could have a place to which to flee. And if the Israelites faithfully observed all the law and God enlarged the territory, then they were to add three more town
s to those three.
Only a manslayer who had killed another unwittingly, without being the other’s enemy, might flee there and live. For instance, if a man went with his neighbor
into a grove
to cut wood
, and as he swung an ax
to cut down a tree
, the ax-head flew off the handle
and struck and killed the neighbor, then the man could flee to one of the cities of refuge and live. If, however, one who was the enemy of another lay in wait, struck the other a fatal blow, and then fled to a city of refuge, the elders
of the slayer’s town were to have the slayer turned over to the blood
-avenger
to be put to death.
y of an offense only on the testimony of two or more witnesses. If one person gave false testimony against another, then the two parties were to appear before God and the priests or magistrates, the magistrates were to make a thorough investigation, and if the magistrates found the person to have testified falsely, then they were to do to the witness as the witness schemed to do to the other.
, the priest was to tell the troops not to fear, for God would accompany them to do battle against their enemy. Then the officials were to ask the troop whether anyone had built a new house
but not dedicated it, planted a vineyard
but never harvest
ed it, paid the bride-price
for a wife but not yet married her, or become afraid and disheartened, and all these they were to send back to their homes.
When the Israelites approached a town to attack it, they were to offer it terms of peace, and if the town surrendered
, then all the people of the town were to serve the Israelites as forced labor
. But if the town did not surrender, then the Israelites were to lay siege
to the town, and when God granted victory, kill all its men and take as booty the women, children, livestock
, and everything else in the town. Those were the rules for towns that lay very far from Israel, but for the towns of the nations in the land — the Hittites
, Amorite
s, Canaan
ites, Perizzites
, Hivites
, and Jebusite
s — the Israelites were to kill everyone, lest they lead the Israelites into doing all the abhorrent things that those nations had done for their gods. When the Israelites besieged a city for a long time, they could eat the fruit
of the city’s trees, but they were not to cut down any trees that could yield food
.
and break its neck
. The priests were to come forward, all the elders were to wash their hands over the heifer whose neck was broken, and the elders were to declare that their hands did not shed the blood nor their eyes see it done. The elders were to ask God to absolve the Israelites, and not let guilt for the blood of the innocent remain among them, and they would be absolved of bloodguilt.
the prophet invoked woe on those who decree unrighteous decrees to the detriment of the needy, the poor, widows, or orphans. And in Amos
the prophet berated the sins of afflicting the just and turning aside the needy in judicial proceedings. And in the writings, Proverbs
warns that a wicked person takes a gift to pervert the ways of justice. states the rule most broadly, when Moses said simply, “You shall not judge unfairly.”
Similarly, prohibits showing partiality in judicial proceedings. Earlier, in God told Moses to tell the people, more narrowly, not to favor a poor person in a dispute. More broadly, in Moses told that God shows no partiality among persons. Among the prophets, in Malachi
the prophet quoted God as saying that the people had not kept God’s ways when they showed partiality in the law. And in the writings, Psalm
asks, “How long will you judge unjustly, and show favor to the wicked?” counsels that it is not good to show partiality to the wicked, so as to turn aside the righteous in judgment. Similarly, and say that to show partiality is not good. And 2 Chronicles
reports that God has no iniquity or favoritism.
addresses the practice of setting up a pillar (מַצֵּבָה, matzeivah). In Genesis Jacob took the stone on which he had slept, set it up as a pillar (מַצֵּבָה, matzeivah), and poured oil on the top of it. later directed the Israelites to break in pieces the Canaanites' pillars (מַצֵּבֹתֵיהֶם, matzeivoteihem). Leviticus directed the Israelites not to rear up a pillar (מַצֵּבָה, matzeivah). And prohibited them to set up a pillar (מַצֵּבָה, matzeivah), “which the Lord your God hates.”
taught that God told David that the justice and the righteousness that he did were more beloved to God than the Temple
. The midrash noted that does not say, “As much as sacrifice,” but “More than sacrifice.” The midrash explained that sacrifices were operative only so long as the Temple stood, but righteousness and justice hold good even when the Temple no longer stands. (Deuteronomy Rabbah
5:3.)
Rabbi Simeon ben Halafta told that once an ant dropped a grain of wheat, and all the ants came and sniffed at it, yet not one of them took it, until the one to whom it belonged came and took it. Rabbi Simeon ben Halafta praised the ant’s wisdom and praiseworthiness, inasmuch as the ant had not learned its ways from any other creature and had no judge or officer to guide it, as says, the ant has “no chief, overseer, or ruler.” How much more should people, who have judges and officers, hearken to them. Hence, directs appointment of judges in all the Israelites’ cities. (Deuteronomy Rabbah 5:2.)
Resh Lakish deduced from the proximity of the discussions of appointment of judges in and the Canaanite idolatrous practice of the Asherah
in that appointing an incompetent judge is as though planting an idolatrous tree. And Rav Ashi said that such an appointment made in a place where there were scholars is as though planting the idolatrous tree beside the Altar, for concludes “beside the altar of the Lord your God.” (Babylonian Talmud
Sanhedrin 7b, Avodah Zarah 52a.)
The Sifre
interpreted the words “You shall not judge unfairly” in to mean that one should not say “So-and-so is impressive” or “Such-and-such is my relative.” And the Sifre interpreted the words “you shall show no partiality” in to mean that one should not say “So-and-so is poor” or “Such-and-such is rich.” (Sifre to Deuteronomy 144:3:1.)
The Sifre interpreted the words “Justice, justice shall you pursue” in to teach that if a defendant has departed from a court with a judgment of innocence, the court has no right to call the defendant back to impose a judgment of guilt. And if a defendant has departed from a court with a judgment of guilt, the court does still have the ability to call the defendant back to reach a judgment of innocence. (Sifre to Deuteronomy 144:4.) Alternatively, the Sifre interpreted the words “Justice, justice shall you pursue” in to teach that one should seek a court that give well-construed rulings. (Sifre to Deuteronomy 144:5.) Similarly, the Rabbis taught in a Baraita
that the words “Justice, justice shall you pursue” mean that one should pursue the most respected jurist to the place where the jurist holds court. The Rabbis also taught a Baraita that the words “Justice, justice shall you pursue” meant that one should follow sages to their academies. (Babylonian Talmud Sanhedrin 32b.)
Resh Lakish contrasted “In justice shall you judge your neighbor,” with “Justice, justice shall you pursue,” and concluded that referred to an apparently genuine claim, while referred to the redoubled scrutiny appropriate to a suit that one suspected to be dishonest. Rav Ashi found no contradiction, however, between the two verses, for a Baraita taught that in the two mentions of “justice” in one mention referred to a decision based on strict law, while the other referred to compromise. For example, where two boats meet on a narrow river headed in opposite directions, if both attempted to pass at the same time, both would sink, but if one made way for the other, both could pass without mishap. Similarly, if two camels met on the ascent to Beth-horon
, if they both ascended at the same time, both could fall into the valley, but if they ascended one after another, both could ascend safely. These were the principles by which the travelers were to resolve their impasse: If one was loaded and the other unloaded, then the unloaded was to give way to the loaded. If one was nearer to its destination than the other, then the nearer was to give way to the farther. If they were equally near to their destinations, then they were to compromise and the one that went first was to compensate the one who gave way. (Babylonian Talmud Sanhedrin 32b.)
The Mishnah
taught that the words of Jeremiah
“Blessed is the man who trusts in the Lord and whose hope is the Lord,” apply to a judge who judges truly and with integrity. The Mishnah taught that the words of “Righteousness, righteousness shall you pursue,” apply to tell that an able-bodied person who feigned to be disabled would become disabled. And similarly, the words of “And a gift shall you not accept; for a gift blinds them that have sight,” apply to tell that a judge who accepted a bribe or who perverted justice would become poor of vision. (Mishnah Peah 8:9.)
Reading the words “that you may thrive and occupy the land that the Lord your God is giving you” in the Sifre taught that the appointment of judges is of such importance that it could lead to the resurrection of Israel, their settlement in the Land of Israel, and their protection from being destroyed by the sword. (Sifre to Deuteronomy 144:6.)
Rabbi Samuel ben Nahman
i taught in the name of Rabbi Jonathan
that when a judge unjustly takes the possessions of one and gives them to another, God takes that judge’s life, as says: “Rob not the poor because he is poor; neither oppress the afflicted in the gate, for the Lord will plead their cause, and will despoil of life those that despoil them.” Rabbi Samuel ben Nahmani also taught in the name of Rabbi Jonathan that judges should always think of themselves as if they had a sword hanging over them and Gehenna
gaping under them, as Song of Songs
says: “Behold, it is the litter of Solomon
; 60 mighty men are about it, of the mighty men of Israel. They all handle the sword, and are expert in war; every man has his sword upon his thigh, because of dread in the night.” And Rabbi Josiah
(or others say Rav Nahman bar Isaac
) interpreted the words, “O house of David, thus says the Lord: 'Execute justice in the morning and deliver the spoiled out of the hand of the oppressor,'” in to mean that judges should render judgment only if the judgment that they are about to give is as clear to them as the morning light. (Babylonian Talmud Sanhedrin 7a–b.)
The Sifre deduced from the words “You shall not plant an Asherah of any kind of tree beside the altar of the Lord your God” in that planting a tree on the Temple Mount
would violate a commandment. (Sifre to Deuteronomy 145:1:1.) Rabbi Eliezer ben Jacob
deduced from the prohibition against any kind of tree beside the altar in that wooden column
s were not allowed in the Temple courtyard. (Sifre to Deuteronomy 145:1:2; Babylonian Talmud Tamid 28b.) The Gemara
explained that it was not permitted to build with wood near the altar. Rav Hisda
, however, taught that stone columns were permitted. (Babylonian Talmud Tamid 28b.)
Reading the prohibition of stone pillars in the Sifre noted that the stone pillar esteemed by the Patriarchs
was despised by their descendants. (Sifre to Deuteronomy 146:1.)
said that these limitations applied only to witnesses in capital charges, and that in monetary suits, the balance of the witnesses could establish the evidence. Rabbi
said that the same rule applied to monetary suits or capital charges where the disqualified witnesses joined to take part in the warning of the defendant, but the rule did not disqualify the remaining witnesses where the disqualified witnesses did not take part in the warning. And the Gemara further qualified the Mishnah’s ruling. (Mishnah Makkot 1:7–8; Babylonian Talmud Makkot 5b–6b.)
Who were the judges in the court described in The Mishnah taught that the High Priest could serve as a judge. (Mishnah Sanhedrin 2:1; Babylonian Talmud Sanhedrin 18a.) But the King could not. (Mishnah Sanhedrin 2:2; Babylonian Talmud Sanhedrin 18a.) When a vacancy arose, a new judge was appointed from the first row of scholars who sat in front of the judges. (Mishnah Sanhedrin 4:4; Babylonian Talmud Sanhedrin 37a.)
Rav Joseph reported that a Baraita interpreted the reference to “the priests” in to teach that when the priests served in the Temple, a judge could hand down capital punishment, but when the priesthood is not functioning, the judge may not issue such judgments. (Babylonian Talmud Sanhedrin 52b.)
instructs, “you shall come . . . to the judge who shall be in those days,” but how could a person go to a judge who was not in that person’s days? The Rabbis taught in a Baraita that employs the words “who shall be in those days” to show that one must be content to go to the judge who is in one’s days, and accept that judge’s authority. And the Rabbis taught that Ecclesiastes
conveys a similar message when it says, “Say not, ‘How was it that the former days were better than these?’” (Babylonian Talmud Rosh Hashanah 25b.)
The Sages based their authority to legislate rules equally binding with those laid down in the Torah on the words of “According to the law that they shall teach you . . . you shall do; you shall not turn aside from the sentence that they shall declare to you.” (Babylonian Talmud Berakot 19b.)
The Mishnah recounted a story that demonstrated the authority of the court in — that one must follow the rulings of the court and “not turn . . . to the right hand, nor to the left.” After two witnesses testified that they saw the new moon at its proper time (on the thirtieth day of the month shortly before nightfall), Rabban Gamaliel
(the president of the Great Sanhedrin
in Jerusalem) accepted their evidence and ruled that a new month had begun. But later at night (after the nightfall with which the thirty-first day of the earlier month would have begun), when the new moon should have been clearly visible, no one saw the new moon. Rabbi Dosa ben Harkinas
declared the two witnesses to be false witnesses, comparing their testimony to that of witnesses who testify that a woman bore a child, when on the next day her belly was still swollen. Rabbi Joshua
told Rabbi Dosa that he saw the force of his argument. Rabban Gamaliel then ordered Rabbi Joshua to appear before Rabban Gamaliel with his staff and money on the day which according to Rabbi Joshua’s reckoning would be Yom Kippur
. (According to Rabbi Joshua’s reckoning, Yom Kippur would fall a day after the date that it would fall according to Rabban Gamaliel’s reckoning. And prohibited carrying a staff and money on Yom Kippur.) Rabbi Akiva then found Rabbi Joshua in great distress (agonizing over whether to obey Rabban Gamaliel’s order to do what Rabbi Joshua considered profaning Yom Kippur). Rabbi Akiva told Rabbi Joshua that he could prove that whatever Rabban Gamaliel ordered was valid. Rabbi Akiva cited which says, “These are the appointed seasons of the Lord, holy convocations, which you shall proclaim in their appointed seasons,” which is to say that whether they are proclaimed at their proper time or not, God has no appointed seasons other than those that are proclaimed. Rabbi Joshua then went to Rabbi Dosa, who told Rabbi Joshua that if they called into question the decisions of the court of Rabban Gamaliel, then they would have to call into question the decisions of every court since the days of Moses. For says, “Then Moses and Aaron, Nadab and Abihu, and 70 of the elders of Israel went up,” and does not mention the names of the elders to show that every group of three that has acted as a court over Israel is on a level with the court of Moses (as most of the members of that court also bore names without distinction). Rabbi Joshua then took his staff and his money and went to Rabban Gamaliel on the day that Rabbi Joshua reckoned was Yom Kippur. Rabban Gamaliel rose and kissed Rabbi Joshua on his head and said, “Come in peace, my teacher and my disciple — my teacher in wisdom and my disciple because you have accepted my decision.” (Babylonian Talmud Rosh Hashanah 25a.)
The Mishnah explained the process by which one was found to be a rebellious elder within the meaning of Three courts of law sat in Jerusalem: one at the entrance to the Temple Mount, a second at the door of the Temple Court, and the third, the Great Sanhedrin
, in the Hall of Hewn Stones in the Temple Court. The dissenting elder and the other members of the local court with whom the elder disputed went to the court at the entrance to the Temple Mount, and the elder stated what the elder and the elder’s colleagues expounded. If the first court had heard a ruling on the matter, then the court stated it. If not, the litigants and the judges went to the second court, at the entrance of the Temple Court, and the elder once again declared what the elder and the elder’s colleagues expounded. If this second court had heard a ruling on the matter, then this court stated it. If not, then they all proceeded to the Great Sanhedrin at the Hall of Hewn Stones, which issued instruction to all Israel, for said that “they shall declare to you from that place that the Lord shall choose,” meaning the Temple. If the elder then returned to the elder’s town and issued a decision contrary to what the Great Sanhedrin had instructed, then the elder was guilty of acting “presumptuously” within the meaning of But if one of the elder’s disciples issued a decision opposed to the Great Sanhedrin, the disciple was exempt from judgment, for the very stringency that kept the disciple from having yet been ordained served as a source of leniency to prevent the disciple from being found to be a rebellious elder. (Mishnah Sanhedrin 11:2; Babylonian Talmud Sanhedrin 86b.)
Hebrew language
Hebrew is a Semitic language of the Afroasiatic language family. Culturally, is it considered by Jews and other religious groups as the language of the Jewish people, though other Jewish languages had originated among diaspora Jews, and the Hebrew language is also used by non-Jewish groups, such...
for “judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s,” the first word
Incipit
Incipit is a Latin word meaning "it begins". The incipit of a text, such as a poem, song, or book, is the first few words of its opening line. In music, it can also refer to the opening notes of a composition. Before the development of titles, texts were often referred to by their incipits...
in the parshah) is the 48th weekly Torah portion (parshah) in the annual Jewish
Judaism
Judaism ) is the "religion, philosophy, and way of life" of the Jewish people...
cycle of Torah reading
Torah reading
Torah reading is a Jewish religious ritual that involves the public reading of a set of passages from a Torah scroll. The term often refers to the entire ceremony of removing the Torah scroll from the ark, chanting the appropriate excerpt with special cantillation, and returning the scroll to...
and the fifth in the book of Deuteronomy. It constitutes Jews generally read it in August or September.
The parshah provides a constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
— a basic societal structure — for the Israelites. The parshah sets out rules for magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...
s, kings
Monarch
A monarch is the person who heads a monarchy. This is a form of government in which a state or polity is ruled or controlled by an individual who typically inherits the throne by birth and occasionally rules for life or until abdication...
, Levite
Levite
In Jewish tradition, a Levite is a member of the Hebrew tribe of Levi. When Joshua led the Israelites into the land of Canaan, the Levites were the only Israelite tribe that received cities but were not allowed to be landowners "because the Lord the God of Israel himself is their inheritance"...
s, prophet
Prophet
In religion, a prophet, from the Greek word προφήτης profitis meaning "foreteller", is an individual who is claimed to have been contacted by the supernatural or the divine, and serves as an intermediary with humanity, delivering this newfound knowledge from the supernatural entity to other people...
s, cities of refuge
Cities of Refuge
The Cities of Refuge were towns in the Kingdom of Israel and Kingdom of Judah in which the perpetrators of manslaughter could claim the right of asylum; outside of these cities, blood vengeance against such perpetrators was allowed by law...
, witness
Witness
A witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...
es, war
War
War is a state of organized, armed, and often prolonged conflict carried on between states, nations, or other parties typified by extreme aggression, social disruption, and usually high mortality. War should be understood as an actual, intentional and widespread armed conflict between political...
, and an unaccounted corpse
Body
With regard to living things, a body is the physical body of an individual. "Body" often is used in connection with appearance, health issues and death...
.
Rules for magistrates
MosesMoses
Moses was, according to the Hebrew Bible and Qur'an, a religious leader, lawgiver and prophet, to whom the authorship of the Torah is traditionally attributed...
directed the Israelites to appoint magistrates and official
Official
An official is someone who holds an office in an organization or government and participates in the exercise of authority .A government official or functionary is an official who is involved in public...
s for their tribe
Tribe
A tribe, viewed historically or developmentally, consists of a social group existing before the development of, or outside of, states.Many anthropologists use the term tribal society to refer to societies organized largely on the basis of kinship, especially corporate descent groups .Some theorists...
s to govern
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
the people
People
People is a plurality of human beings or other beings possessing enough qualities constituting personhood. It has two usages:* as the plural of person or a group of people People is a plurality of human beings or other beings possessing enough qualities constituting personhood. It has two usages:*...
with justice
Justice
Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...
, impartially
Impartiality
Impartiality is a principle of justice holding that decisions should be based on objective criteria, rather than on the basis of bias, prejudice, or preferring the benefit to one person over another for improper reasons.-Philosophical concepts of impartiality:According to Bernard Gert, "A is...
, without bribes
Bribery
Bribery, a form of corruption, is an act implying money or gift giving that alters the behavior of the recipient. Bribery constitutes a crime and is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or...
. “Justice, justice shall you pursue,” he said.
Abhorrent practices
Moses warned the Israelites against setting up a sacred post beside God’sNames of God in Judaism
In Judaism, the name of God is more than a distinguishing title; it represents the Jewish conception of the divine nature, and of the relationship of God to the Jewish people and to the world. To demonstrate the sacredness of the names of God, and as a means of showing respect and reverence for...
altar
Altar
An altar is any structure upon which offerings such as sacrifices are made for religious purposes. Altars are usually found at shrines, and they can be located in temples, churches and other places of worship...
or erecting a stone
Rock (geology)
In geology, rock or stone is a naturally occurring solid aggregate of minerals and/or mineraloids.The Earth's outer solid layer, the lithosphere, is made of rock. In general rocks are of three types, namely, igneous, sedimentary, and metamorphic...
pillar
Baetylus
Baetylus is a Semitic word denoting a sacred stone, which was supposedly endowed with life. According to ancient sources, these objects of worship were meteorites, which were dedicated to the gods or revered as symbols of the gods themselves...
.
Moses warned the Israelites against sacrificing
Korban
The term offering as found in the Hebrew Bible in relation to the worship of Ancient Israel is mainly represented by the Hebrew noun korban whether for an animal or other offering...
an ox
Cattle
Cattle are the most common type of large domesticated ungulates. They are a prominent modern member of the subfamily Bovinae, are the most widespread species of the genus Bos, and are most commonly classified collectively as Bos primigenius...
or sheep
Domestic sheep
Sheep are quadrupedal, ruminant mammals typically kept as livestock. Like all ruminants, sheep are members of the order Artiodactyla, the even-toed ungulates. Although the name "sheep" applies to many species in the genus Ovis, in everyday usage it almost always refers to Ovis aries...
with any serious defect
Congenital disorder
A congenital disorder, or congenital disease, is a condition existing at birth and often before birth, or that develops during the first month of life , regardless of causation...
.
If the Israelites found a person who worship
Worship
Worship is an act of religious devotion usually directed towards a deity. The word is derived from the Old English worthscipe, meaning worthiness or worth-ship — to give, at its simplest, worth to something, for example, Christian worship.Evelyn Underhill defines worship thus: "The absolute...
ed other gods
Deity
A deity is a recognized preternatural or supernatural immortal being, who may be thought of as holy, divine, or sacred, held in high regard, and respected by believers....
, the sun
Sun
The Sun is the star at the center of the Solar System. It is almost perfectly spherical and consists of hot plasma interwoven with magnetic fields...
, the moon
Moon
The Moon is Earth's only known natural satellite,There are a number of near-Earth asteroids including 3753 Cruithne that are co-orbital with Earth: their orbits bring them close to Earth for periods of time but then alter in the long term . These are quasi-satellites and not true moons. For more...
, or any celestial body
Astronomical object
Astronomical objects or celestial objects are naturally occurring physical entities, associations or structures that current science has demonstrated to exist in the observable universe. The term astronomical object is sometimes used interchangeably with astronomical body...
, then they were to make a thorough inquiry
Inquiry
An inquiry is any process that has the aim of augmenting knowledge, resolving doubt, or solving a problem. A theory of inquiry is an account of the various types of inquiry and a treatment of the ways that each type of inquiry achieves its aim.-Deduction:...
, and if they established the fact
Fact
A fact is something that has really occurred or is actually the case. The usual test for a statement of fact is verifiability, that is whether it can be shown to correspond to experience. Standard reference works are often used to check facts...
on the testimony
Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. All testimonies should be well thought out and truthful. It was the custom in Ancient Rome for the men to place their right hand on a Bible when taking an oath...
of two or more witnesses, then they were to stone the person to death
Stoning
Stoning, or lapidation, is a form of capital punishment whereby a group throws stones at a person until the person dies. No individual among the group can be identified as the one who kills the subject, yet everyone involved plainly bears some degree of moral culpability. This is in contrast to the...
, with the witnesses throwing the first stones.
Court of referral
If a caseLegal case
A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal...
proved too baffling for them to decide, then they were promptly to go to the place that God would choose for God’s shrine
Temple in Jerusalem
The Temple in Jerusalem or Holy Temple , refers to one of a series of structures which were historically located on the Temple Mount in the Old City of Jerusalem, the current site of the Dome of the Rock. Historically, these successive temples stood at this location and functioned as the centre of...
, appear before the priests
Kohen
A Kohen is the Hebrew word for priest. Jewish Kohens are traditionally believed and halachically required to be of direct patrilineal descent from the Biblical Aaron....
or the magistrate in charge and present their problem, and carry out any verdict
Verdict
In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. The term, from the Latin veredictum, literally means "to say the truth" and is derived from Middle English verdit, from Anglo-Norman: a compound of ver and dit In law, a verdict...
that was announced there without deviating either to the right or to the left
Relative direction
The most common relative directions are left, right, forward, backward, up, and down. No absolute direction corresponds to any of the relative directions. This is a consequence of the translational invariance of the laws of physics: nature, loosely speaking, behaves the same no matter what...
. They were to execute
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
any man who presumptuously disregarded the priest or the magistrate, so that all the people would hear, be afraid
Fear
Fear is a distressing negative sensation induced by a perceived threat. It is a basic survival mechanism occurring in response to a specific stimulus, such as pain or the threat of danger...
, and not act presumptuously again.
Rules for kings
If, after the Israelites had settled the landLand of Israel
The Land of Israel is the Biblical name for the territory roughly corresponding to the area encompassed by the Southern Levant, also known as Canaan and Palestine, Promised Land and Holy Land. The belief that the area is a God-given homeland of the Jewish people is based on the narrative of the...
, they decided to set a king over them, they were to be free to do so, taking an Israelite chosen by God. The king was not to keep many horse
Horse
The horse is one of two extant subspecies of Equus ferus, or the wild horse. It is a single-hooved mammal belonging to the taxonomic family Equidae. The horse has evolved over the past 45 to 55 million years from a small multi-toed creature into the large, single-toed animal of today...
s, marry
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
many wives, or amass silver
Silver
Silver is a metallic chemical element with the chemical symbol Ag and atomic number 47. A soft, white, lustrous transition metal, it has the highest electrical conductivity of any element and the highest thermal conductivity of any metal...
and gold
Gold
Gold is a chemical element with the symbol Au and an atomic number of 79. Gold is a dense, soft, shiny, malleable and ductile metal. Pure gold has a bright yellow color and luster traditionally considered attractive, which it maintains without oxidizing in air or water. Chemically, gold is a...
to excess. The king was to have the priests write for him a copy of this Teaching to remain with him and read all his life, so that he might learn to revere God and observe these law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
s faithfully. He would thus not act haughtily toward his people nor deviate from the law, and as a consequence, he and his descendants would enjoy a long reign.
Rules for Levites
The Levites were to have no territorial portion, but were to live only off of offerings, for God was to be their portion. In exchange for their service to God, the priests were to receive the shoulderShoulder
The human shoulder is made up of three bones: the clavicle , the scapula , and the humerus as well as associated muscles, ligaments and tendons. The articulations between the bones of the shoulder make up the shoulder joints. The major joint of the shoulder is the glenohumeral joint, which...
, cheeks, and stomach
Stomach
The stomach is a muscular, hollow, dilated part of the alimentary canal which functions as an important organ of the digestive tract in some animals, including vertebrates, echinoderms, insects , and molluscs. It is involved in the second phase of digestion, following mastication .The stomach is...
of sacrifices, the first fruits of the Israelites’ grain
Cereal
Cereals are grasses cultivated for the edible components of their grain , composed of the endosperm, germ, and bran...
, wine
Wine
Wine is an alcoholic beverage, made of fermented fruit juice, usually from grapes. The natural chemical balance of grapes lets them ferment without the addition of sugars, acids, enzymes, or other nutrients. Grape wine is produced by fermenting crushed grapes using various types of yeast. Yeast...
, and oil
Oil
An oil is any substance that is liquid at ambient temperatures and does not mix with water but may mix with other oils and organic solvents. This general definition includes vegetable oils, volatile essential oils, petrochemical oils, and synthetic oils....
, and the first shearing of sheep
Sheep shearing
Sheep shearing, shearing or clipping is the process by which the woollen fleece of a sheep is cut off. The person who removes the sheep's wool is called a shearer. Typically each adult sheep is shorn once each year...
. Levites were to be free to come from their settlements to the place that God had chosen as a shrine to serve in the name of God with their fellow Levites, and there they were to receive equal shares of the dues.
Rules for prophets
The Israelites were not to imitate the abhorrent practices of the nations that they were displacing, consign their childChild
Biologically, a child is generally a human between the stages of birth and puberty. Some vernacular definitions of a child include the fetus, as being an unborn child. The legal definition of "child" generally refers to a minor, otherwise known as a person younger than the age of majority...
ren to fire
Fire
Fire is the rapid oxidation of a material in the chemical process of combustion, releasing heat, light, and various reaction products. Slower oxidative processes like rusting or digestion are not included by this definition....
, or act as an augur
Augur
The augur was a priest and official in the classical world, especially ancient Rome and Etruria. His main role was to interpret the will of the gods by studying the flight of birds: whether they are flying in groups/alone, what noises they make as they fly, direction of flight and what kind of...
, soothsayer
Fortune-telling
Fortune-telling is the practice of predicting information about a person's life. The scope of fortune-telling is in principle identical with the practice of divination...
, diviner
Divination
Divination is the attempt to gain insight into a question or situation by way of an occultic standardized process or ritual...
, sorcerer, one who casts spells
Magic (paranormal)
Magic is the claimed art of manipulating aspects of reality either by supernatural means or through knowledge of occult laws unknown to science. It is in contrast to science, in that science does not accept anything not subject to either direct or indirect observation, and subject to logical...
, one who consults ghost
Ghost
In traditional belief and fiction, a ghost is the soul or spirit of a deceased person or animal that can appear, in visible form or other manifestation, to the living. Descriptions of the apparition of ghosts vary widely from an invisible presence to translucent or barely visible wispy shapes, to...
s or familiar spirit
Spirit
The English word spirit has many differing meanings and connotations, most of them relating to a non-corporeal substance contrasted with the material body.The spirit of a living thing usually refers to or explains its consciousness.The notions of a person's "spirit" and "soul" often also overlap,...
s, or one who inquires of the dead
The Dead
The Dead may refer to:* The dead, those who have experienced death* 'The Dead' , by Rupert Brooke* "The Dead" , by James Joyce* The Dead , adapted from Joyce's story* James Joyce's The Dead, Broadway musical...
, for it was because of those abhorrent acts that God was dispossessing the former residents of the land.
God would raise a prophet from among them like Moses, and the Israelites were to heed him. When at Horeb the Israelites asked God not to hear God’s voice directly, God created the role of the prophet to speak God’s words, promising to hold to account anybody who failed to heed the prophet’s words. But any prophet who presumed to speak an oracle in God’s name that God had not commanded the prophet to utter, or who spoke in the name of other gods, was to die. This was how the people were to determine whether the oracle was spoken by God: If the prophet spoke in the name of God and the oracle did not come true
Truth
Truth has a variety of meanings, such as the state of being in accord with fact or reality. It can also mean having fidelity to an original or to a standard or ideal. In a common usage, it also means constancy or sincerity in action or character...
, then that oracle was not spoken by God, the prophet had uttered it presumptuously, and the people were not to fear him.
Cities of refuge
When the Israelites had settled in the land, they were to divide the land into three parts and set aside three cities of refuge, so that any manslayerManslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
could have a place to which to flee. And if the Israelites faithfully observed all the law and God enlarged the territory, then they were to add three more town
Town
A town is a human settlement larger than a village but smaller than a city. The size a settlement must be in order to be called a "town" varies considerably in different parts of the world, so that, for example, many American "small towns" seem to British people to be no more than villages, while...
s to those three.
Only a manslayer who had killed another unwittingly, without being the other’s enemy, might flee there and live. For instance, if a man went with his neighbor
Neighbourhood
A neighbourhood or neighborhood is a geographically localised community within a larger city, town or suburb. Neighbourhoods are often social communities with considerable face-to-face interaction among members. "Researchers have not agreed on an exact definition...
into a grove
Grove (nature)
A grove is a small group of trees with minimal or no undergrowth, such as a sequoia grove, or a small orchard planted for the cultivation of fruits or nuts...
to cut wood
Wood
Wood is a hard, fibrous tissue found in many trees. It has been used for hundreds of thousands of years for both fuel and as a construction material. It is an organic material, a natural composite of cellulose fibers embedded in a matrix of lignin which resists compression...
, and as he swung an ax
Axe
The axe, or ax, is an implement that has been used for millennia to shape, split and cut wood; to harvest timber; as a weapon; and as a ceremonial or heraldic symbol...
to cut down a tree
Tree
A tree is a perennial woody plant. It is most often defined as a woody plant that has many secondary branches supported clear of the ground on a single main stem or trunk with clear apical dominance. A minimum height specification at maturity is cited by some authors, varying from 3 m to...
, the ax-head flew off the handle
Handle (grip)
A handle is a part of, or attachment to, an object that can be moved or used by hand. The design of each type of handle involves substantial ergonomic issues, even where these are dealt with intuitively or by following tradition...
and struck and killed the neighbor, then the man could flee to one of the cities of refuge and live. If, however, one who was the enemy of another lay in wait, struck the other a fatal blow, and then fled to a city of refuge, the elders
Elder (administrative title)
The term Elder is used in several different countries and organizations to indicate a position of authority...
of the slayer’s town were to have the slayer turned over to the blood
Blood
Blood is a specialized bodily fluid in animals that delivers necessary substances such as nutrients and oxygen to the cells and transports metabolic waste products away from those same cells....
-avenger
Revenge
Revenge is a harmful action against a person or group in response to a grievance, be it real or perceived. It is also called payback, retribution, retaliation or vengeance; it may be characterized, justly or unjustly, as a form of justice.-Function in society:Some societies believe that the...
to be put to death.
Landmarks
The Israelites were not to move their countrymen’s landmarks, set up by previous generations, in the property that they were allotted in the land.Rules for witnesses
An Israelite could be found guiltGuilt
Guilt is the state of being responsible for the commission of an offense. It is also a cognitive or an emotional experience that occurs when a person realizes or believes—accurately or not—that he or she has violated a moral standard, and bears significant responsibility for that...
y of an offense only on the testimony of two or more witnesses. If one person gave false testimony against another, then the two parties were to appear before God and the priests or magistrates, the magistrates were to make a thorough investigation, and if the magistrates found the person to have testified falsely, then they were to do to the witness as the witness schemed to do to the other.
Rules for war
Before the Israelites joined battleBattle
Generally, a battle is a conceptual component in the hierarchy of combat in warfare between two or more armed forces, or combatants. In a battle, each combatant will seek to defeat the others, with defeat determined by the conditions of a military campaign...
, the priest was to tell the troops not to fear, for God would accompany them to do battle against their enemy. Then the officials were to ask the troop whether anyone had built a new house
House
A house is a building or structure that has the ability to be occupied for dwelling by human beings or other creatures. The term house includes many kinds of different dwellings ranging from rudimentary huts of nomadic tribes to free standing individual structures...
but not dedicated it, planted a vineyard
Vineyard
A vineyard is a plantation of grape-bearing vines, grown mainly for winemaking, but also raisins, table grapes and non-alcoholic grape juice...
but never harvest
Harvest
Harvest is the process of gathering mature crops from the fields. Reaping is the cutting of grain or pulse for harvest, typically using a scythe, sickle, or reaper...
ed it, paid the bride-price
Bride price
Bride price, also known as bride wealth, is an amount of money or property or wealth paid by the groom or his family to the parents of a woman upon the marriage of their daughter to the groom...
for a wife but not yet married her, or become afraid and disheartened, and all these they were to send back to their homes.
When the Israelites approached a town to attack it, they were to offer it terms of peace, and if the town surrendered
Surrender (military)
Surrender is when soldiers, nations or other combatants stop fighting and eventually become prisoners of war, either as individuals or when ordered to by their officers. A white flag is a common symbol of surrender, as is the gesture of raising one's hands empty and open above one's head.When the...
, then all the people of the town were to serve the Israelites as forced labor
Unfree labour
Unfree labour includes all forms of slavery as well as all other related institutions .-Payment for unfree labour:If payment occurs, it may be in one or more of the following forms:...
. But if the town did not surrender, then the Israelites were to lay siege
Siege
A siege is a military blockade of a city or fortress with the intent of conquering by attrition or assault. The term derives from sedere, Latin for "to sit". Generally speaking, siege warfare is a form of constant, low intensity conflict characterized by one party holding a strong, static...
to the town, and when God granted victory, kill all its men and take as booty the women, children, livestock
Livestock
Livestock refers to one or more domesticated animals raised in an agricultural setting to produce commodities such as food, fiber and labor. The term "livestock" as used in this article does not include poultry or farmed fish; however the inclusion of these, especially poultry, within the meaning...
, and everything else in the town. Those were the rules for towns that lay very far from Israel, but for the towns of the nations in the land — the Hittites
Biblical Hittites
The Hittites and children of Heth are a people or peoples mentioned in the Hebrew Bible. They are listed in Book of Genesis as second of the twelve Canaanite nations, descended from one Heth...
, Amorite
Amorite
Amorite refers to an ancient Semitic people who occupied large parts of Mesopotamia from the 21st Century BC...
s, Canaan
Canaan
Canaan is a historical region roughly corresponding to modern-day Israel, Palestine, Lebanon, and the western parts of Jordan...
ites, Perizzites
Perizzites
Perizzites - villagers; dwellers in the open country, the Girgashite Canaanite nation inhabiting the fertile regions south and south-west of Carmel."They were the graziers, farmers, and peasants of the time."...
, Hivites
Hivites
The Hivites were one group of descendants of Canaan, son of Ham, according to the Table of Nations in .- History : does not list the Hivites as being in the land that was promised to the descendants of Abraham...
, and Jebusite
Jebusite
According to the Hebrew Bible, the Jebusites were a Canaanite tribe who inhabited and built Jerusalem prior to its conquest by King David; the Books of Kings state that Jerusalem was known as Jebus prior to this event...
s — the Israelites were to kill everyone, lest they lead the Israelites into doing all the abhorrent things that those nations had done for their gods. When the Israelites besieged a city for a long time, they could eat the fruit
Fruit
In broad terms, a fruit is a structure of a plant that contains its seeds.The term has different meanings dependent on context. In non-technical usage, such as food preparation, fruit normally means the fleshy seed-associated structures of certain plants that are sweet and edible in the raw state,...
of the city’s trees, but they were not to cut down any trees that could yield food
Food
Food is any substance consumed to provide nutritional support for the body. It is usually of plant or animal origin, and contains essential nutrients, such as carbohydrates, fats, proteins, vitamins, or minerals...
.
The found corpse
If, in the land, someone slain was found lying in the open, and the slayer could not be determined, then the elders and magistrates were to measure the distances from the corpse to the nearby towns. The elders of the town nearest to the corpse were to take a heifer that had never been worked down to an ever-flowing wadiWadi
Wadi is the Arabic term traditionally referring to a valley. In some cases, it may refer to a dry riverbed that contains water only during times of heavy rain or simply an intermittent stream.-Variant names:...
and break its neck
Neck
The neck is the part of the body, on many terrestrial or secondarily aquatic vertebrates, that distinguishes the head from the torso or trunk. The adjective signifying "of the neck" is cervical .-Boner anatomy: The cervical spine:The cervical portion of the human spine comprises seven boney...
. The priests were to come forward, all the elders were to wash their hands over the heifer whose neck was broken, and the elders were to declare that their hands did not shed the blood nor their eyes see it done. The elders were to ask God to absolve the Israelites, and not let guilt for the blood of the innocent remain among them, and they would be absolved of bloodguilt.
Deuteronomy chapter 16
requires fairness in the administration of justice. Earlier, in Exodus God told Moses to tell the people not to follow a multitude to do wrong, nor to bear witness in a dispute to turn aside after a multitude to pervert justice. And in God instructed not to subvert the rights of the poor in their disputes. Along the same lines, in Moses admonished against perverting the justice due to the stranger or the orphan. And in Moses invoked a curse on those who pervert the justice due to the stranger, orphan, and widow. Among the prophets, in IsaiahBook of Isaiah
The Book of Isaiah is the first of the Latter Prophets in the Hebrew Bible, preceding the books of Ezekiel, Jeremiah and the Book of the Twelve...
the prophet invoked woe on those who decree unrighteous decrees to the detriment of the needy, the poor, widows, or orphans. And in Amos
Book of Amos
The Book of Amos is a prophetic book of the Hebrew Bible, one of the Twelve Minor Prophets. Amos, an older contemporary of Hosea and Isaiah, was active c. 750 BCE during the reign of Jeroboam II, making the Book of Amos the first biblical prophetic book written. Amos lived in the kingdom of Judah...
the prophet berated the sins of afflicting the just and turning aside the needy in judicial proceedings. And in the writings, Proverbs
Book of Proverbs
The Book of Proverbs , commonly referred to simply as Proverbs, is a book of the Hebrew Bible.The original Hebrew title of the book of Proverbs is "Míshlê Shlomoh" . When translated into Greek and Latin, the title took on different forms. In the Greek Septuagint the title became "paroimai paroimiae"...
warns that a wicked person takes a gift to pervert the ways of justice. states the rule most broadly, when Moses said simply, “You shall not judge unfairly.”
Similarly, prohibits showing partiality in judicial proceedings. Earlier, in God told Moses to tell the people, more narrowly, not to favor a poor person in a dispute. More broadly, in Moses told that God shows no partiality among persons. Among the prophets, in Malachi
Book of Malachi
Malachi is a book of the Hebrew Bible, the last of the twelve minor prophets and the final book of the Neviim...
the prophet quoted God as saying that the people had not kept God’s ways when they showed partiality in the law. And in the writings, Psalm
Psalms
The Book of Psalms , commonly referred to simply as Psalms, is a book of the Hebrew Bible and the Christian Bible...
asks, “How long will you judge unjustly, and show favor to the wicked?” counsels that it is not good to show partiality to the wicked, so as to turn aside the righteous in judgment. Similarly, and say that to show partiality is not good. And 2 Chronicles
Books of Chronicles
The Books of Chronicles are part of the Hebrew Bible. In the Masoretic Text, it appears as the first or last book of the Ketuvim . Chronicles largely parallels the Davidic narratives in the Books of Samuel and the Books of Kings...
reports that God has no iniquity or favoritism.
addresses the practice of setting up a pillar (מַצֵּבָה, matzeivah). In Genesis Jacob took the stone on which he had slept, set it up as a pillar (מַצֵּבָה, matzeivah), and poured oil on the top of it. later directed the Israelites to break in pieces the Canaanites' pillars (מַצֵּבֹתֵיהֶם, matzeivoteihem). Leviticus directed the Israelites not to rear up a pillar (מַצֵּבָה, matzeivah). And prohibited them to set up a pillar (מַצֵּבָה, matzeivah), “which the Lord your God hates.”
Deuteronomy chapter 16
Citing “To do righteousness and justice is more acceptable to the Lord than sacrifice,” a midrashMidrash
The Hebrew term Midrash is a homiletic method of biblical exegesis. The term also refers to the whole compilation of homiletic teachings on the Bible....
taught that God told David that the justice and the righteousness that he did were more beloved to God than the Temple
Temple in Jerusalem
The Temple in Jerusalem or Holy Temple , refers to one of a series of structures which were historically located on the Temple Mount in the Old City of Jerusalem, the current site of the Dome of the Rock. Historically, these successive temples stood at this location and functioned as the centre of...
. The midrash noted that does not say, “As much as sacrifice,” but “More than sacrifice.” The midrash explained that sacrifices were operative only so long as the Temple stood, but righteousness and justice hold good even when the Temple no longer stands. (Deuteronomy Rabbah
Deuteronomy Rabbah
Deuteronomy Rabbah is an aggadic midrash or homiletic commentary on the Book of Deuteronomy. Unlike Bereshit Rabbah, the Midrash to Deuteronomy which has been included in the collection of the Midrash Rabbot in the ordinary editions does not contain running commentaries on the text of the Bible,...
5:3.)
Rabbi Simeon ben Halafta told that once an ant dropped a grain of wheat, and all the ants came and sniffed at it, yet not one of them took it, until the one to whom it belonged came and took it. Rabbi Simeon ben Halafta praised the ant’s wisdom and praiseworthiness, inasmuch as the ant had not learned its ways from any other creature and had no judge or officer to guide it, as says, the ant has “no chief, overseer, or ruler.” How much more should people, who have judges and officers, hearken to them. Hence, directs appointment of judges in all the Israelites’ cities. (Deuteronomy Rabbah 5:2.)
Resh Lakish deduced from the proximity of the discussions of appointment of judges in and the Canaanite idolatrous practice of the Asherah
Asherah
Asherah , in Semitic mythology, is a Semitic mother goddess, who appears in a number of ancient sources including Akkadian writings by the name of Ashratum/Ashratu and in Hittite as Asherdu or Ashertu or Aserdu or Asertu...
in that appointing an incompetent judge is as though planting an idolatrous tree. And Rav Ashi said that such an appointment made in a place where there were scholars is as though planting the idolatrous tree beside the Altar, for concludes “beside the altar of the Lord your God.” (Babylonian Talmud
Talmud
The Talmud is a central text of mainstream Judaism. It takes the form of a record of rabbinic discussions pertaining to Jewish law, ethics, philosophy, customs and history....
Sanhedrin 7b, Avodah Zarah 52a.)
The Sifre
Sifre
Sifre refers to either of two works of Midrash halakhah, or classical Jewish legal Biblical exegesis, based on the biblical books of Bamidbar and Devarim .- The Talmudic-Era Sifre :The title "Sifre debe Rab" is used by R. Hananeel on Sheb. 37b, Alfasi on Pes...
interpreted the words “You shall not judge unfairly” in to mean that one should not say “So-and-so is impressive” or “Such-and-such is my relative.” And the Sifre interpreted the words “you shall show no partiality” in to mean that one should not say “So-and-so is poor” or “Such-and-such is rich.” (Sifre to Deuteronomy 144:3:1.)
The Sifre interpreted the words “Justice, justice shall you pursue” in to teach that if a defendant has departed from a court with a judgment of innocence, the court has no right to call the defendant back to impose a judgment of guilt. And if a defendant has departed from a court with a judgment of guilt, the court does still have the ability to call the defendant back to reach a judgment of innocence. (Sifre to Deuteronomy 144:4.) Alternatively, the Sifre interpreted the words “Justice, justice shall you pursue” in to teach that one should seek a court that give well-construed rulings. (Sifre to Deuteronomy 144:5.) Similarly, the Rabbis taught in a Baraita
Baraita
Baraita designates a tradition in the Jewish oral law not incorporated in the Mishnah. "Baraita" thus refers to teachings "outside" of the six orders of the Mishnah...
that the words “Justice, justice shall you pursue” mean that one should pursue the most respected jurist to the place where the jurist holds court. The Rabbis also taught a Baraita that the words “Justice, justice shall you pursue” meant that one should follow sages to their academies. (Babylonian Talmud Sanhedrin 32b.)
Resh Lakish contrasted “In justice shall you judge your neighbor,” with “Justice, justice shall you pursue,” and concluded that referred to an apparently genuine claim, while referred to the redoubled scrutiny appropriate to a suit that one suspected to be dishonest. Rav Ashi found no contradiction, however, between the two verses, for a Baraita taught that in the two mentions of “justice” in one mention referred to a decision based on strict law, while the other referred to compromise. For example, where two boats meet on a narrow river headed in opposite directions, if both attempted to pass at the same time, both would sink, but if one made way for the other, both could pass without mishap. Similarly, if two camels met on the ascent to Beth-horon
Beth-horon
Bethoron was the name for two adjacent towns, Bethoron Elyon , and Bethoron Tahton , named for the Egypto-Canaanite deity Horon mentioned in Ugaritic literature and other texts...
, if they both ascended at the same time, both could fall into the valley, but if they ascended one after another, both could ascend safely. These were the principles by which the travelers were to resolve their impasse: If one was loaded and the other unloaded, then the unloaded was to give way to the loaded. If one was nearer to its destination than the other, then the nearer was to give way to the farther. If they were equally near to their destinations, then they were to compromise and the one that went first was to compensate the one who gave way. (Babylonian Talmud Sanhedrin 32b.)
The Mishnah
Mishnah
The Mishnah or Mishna is the first major written redaction of the Jewish oral traditions called the "Oral Torah". It is also the first major work of Rabbinic Judaism. It was redacted c...
taught that the words of Jeremiah
Book of Jeremiah
The Book of Jeremiah is the second of the Latter Prophets in the Hebrew Bible, following the book of Isaiah and preceding Ezekiel and the Book of the Twelve....
“Blessed is the man who trusts in the Lord and whose hope is the Lord,” apply to a judge who judges truly and with integrity. The Mishnah taught that the words of “Righteousness, righteousness shall you pursue,” apply to tell that an able-bodied person who feigned to be disabled would become disabled. And similarly, the words of “And a gift shall you not accept; for a gift blinds them that have sight,” apply to tell that a judge who accepted a bribe or who perverted justice would become poor of vision. (Mishnah Peah 8:9.)
Reading the words “that you may thrive and occupy the land that the Lord your God is giving you” in the Sifre taught that the appointment of judges is of such importance that it could lead to the resurrection of Israel, their settlement in the Land of Israel, and their protection from being destroyed by the sword. (Sifre to Deuteronomy 144:6.)
Rabbi Samuel ben Nahman
Samuel ben Nahman
Samuel ben Nahman or Samuel Nahmani was a rabbi of the Talmud, known as an amora, who lived in the Land of Israel from the beginning of the 3rd century until the beginning of the 4th century. He was a pupil of R. Jonathan ben Eleazar and one of the most famous haggadists of his time...
i taught in the name of Rabbi Jonathan
Rabbi Jonathan
Rabbi Jonathan was a Palestinian tanna of the 2nd century and schoolfellow of R. Josiah, apart from whom he is rarely quoted. Jonathan is generally so cited without further designation; but there is ample reason for identifying him with the less frequently occurring Jonathan b. Joseph Rabbi...
that when a judge unjustly takes the possessions of one and gives them to another, God takes that judge’s life, as says: “Rob not the poor because he is poor; neither oppress the afflicted in the gate, for the Lord will plead their cause, and will despoil of life those that despoil them.” Rabbi Samuel ben Nahmani also taught in the name of Rabbi Jonathan that judges should always think of themselves as if they had a sword hanging over them and Gehenna
Gehenna
Gehenna , Gehinnom and Yiddish Gehinnam, are terms derived from a place outside ancient Jerusalem known in the Hebrew Bible as the Valley of the Son of Hinnom ; one of the two principal valleys surrounding the Old City.In the Hebrew Bible, the site was initially where apostate Israelites and...
gaping under them, as Song of Songs
Song of songs
Song of Songs, also known as the Song of Solomon, is a book of the Hebrew Bible or Old Testament. It may also refer to:In music:* Song of songs , the debut album by David and the Giants* A generic term for medleysPlays...
says: “Behold, it is the litter of Solomon
Solomon
Solomon , according to the Book of Kings and the Book of Chronicles, a King of Israel and according to the Talmud one of the 48 prophets, is identified as the son of David, also called Jedidiah in 2 Samuel 12:25, and is described as the third king of the United Monarchy, and the final king before...
; 60 mighty men are about it, of the mighty men of Israel. They all handle the sword, and are expert in war; every man has his sword upon his thigh, because of dread in the night.” And Rabbi Josiah
Rabbi Josiah
Rabbi Josiah was a Tanna of the 2nd century, the most distinguished pupil of R. Ishmael. He is not mentioned in the Mishnah, perhaps because he lived in the south , and his teachings were consequently unknown to the compiler of the Mishnah, Judah ha-Nasi, who lived at Tiberias and Beth-she'arim in...
(or others say Rav Nahman bar Isaac
Rav Nachman bar Yitzchak
Rav Nachman bar Yitzchak or Rabh Naħman bar Yişħaq in actual Talmudic and Classical Hebrew was an amora who lived in Babylonia. He was a disciple of Abaye and Rava and the dean of the yeshiva at Pumbedita....
) interpreted the words, “O house of David, thus says the Lord: 'Execute justice in the morning and deliver the spoiled out of the hand of the oppressor,'” in to mean that judges should render judgment only if the judgment that they are about to give is as clear to them as the morning light. (Babylonian Talmud Sanhedrin 7a–b.)
The Sifre deduced from the words “You shall not plant an Asherah of any kind of tree beside the altar of the Lord your God” in that planting a tree on the Temple Mount
Temple Mount
The Temple Mount, known in Hebrew as , and in Arabic as the Haram Ash-Sharif , is one of the most important religious sites in the Old City of Jerusalem. It has been used as a religious site for thousands of years...
would violate a commandment. (Sifre to Deuteronomy 145:1:1.) Rabbi Eliezer ben Jacob
Eliezer ben Jacob I
Eliezer ben Jacob I was a Tanna of the 1st century; contemporary of Eleazar b. Ḥisma and Eliezer b. Hyrcanus, and senior of Illai...
deduced from the prohibition against any kind of tree beside the altar in that wooden column
Column
A column or pillar in architecture and structural engineering is a vertical structural element that transmits, through compression, the weight of the structure above to other structural elements below. For the purpose of wind or earthquake engineering, columns may be designed to resist lateral forces...
s were not allowed in the Temple courtyard. (Sifre to Deuteronomy 145:1:2; Babylonian Talmud Tamid 28b.) The Gemara
Gemara
The Gemara is the component of the Talmud comprising rabbinical analysis of and commentary on the Mishnah. After the Mishnah was published by Rabbi Judah the Prince The Gemara (also transliterated Gemora or, less commonly, Gemorra; from Aramaic גמרא gamar; literally, "[to] study" or "learning by...
explained that it was not permitted to build with wood near the altar. Rav Hisda
Rav Chisda
Rav Chisda was a Jewish Talmudist who lived in Babylonia, known as an amora of the third generation , mentioned frequently in the Talmud.-Youth:...
, however, taught that stone columns were permitted. (Babylonian Talmud Tamid 28b.)
Reading the prohibition of stone pillars in the Sifre noted that the stone pillar esteemed by the Patriarchs
Patriarchs (Bible)
The Patriarchs of the Bible, when narrowly defined, are Abraham, the ancestor of all the Abrahamic nations; his son Isaac, the ancestor of the nations surrounding Israel/Judah; and Isaac's son Jacob, also named Israel, the ancestor of the Israelites...
was despised by their descendants. (Sifre to Deuteronomy 146:1.)
Deuteronomy chapter 17
The Mishnah questioned why discussed three witnesses, when two witnesses were sufficient to establish guilt. The Mishnah deduced that the language of meant to analogize between a set of two witnesses and a set of three witnesses. Just as three witnesses could discredit two witnesses, two witnesses could discredit three witnesses. The Mishnah deduced from the multiple use of the word “witnesses” in that two witnesses could discredit even a hundred witnesses. Rabbi Simeon deduced from the multiple use of the word “witnesses” in that just as two witnesses were not executed as perjurers until both had been incriminated, so three were not executed until all three had been incriminated. Rabbi Akiba deduced that the addition of the third witness in was to teach that the perjury of a third, superfluous witness was just as serious as that of the others. Rabbi Akiba concluded that if Scripture so penalized an accomplice just as one who committed a wrong, how much more would God reward an accomplice to a good deed. And the Mishnah further deduced from the multiple use of the word “witnesses” in that just as the disqualification of one of two witnesses would invalidate the evidence of the set of two witnesses, so would the disqualification of one witness invalidate the evidence of even a hundred. Rabbi JoseJose ben Halafta
Rabbi Jose ben Halafta or Yose ben Halafta was a Tanna of the fourth generation . Jose was a student of Rabbi Akiba and was regarded as one of the foremost scholars of halakha and aggadah of his day...
said that these limitations applied only to witnesses in capital charges, and that in monetary suits, the balance of the witnesses could establish the evidence. Rabbi
Judah haNasi
Judah the Prince, or Judah I, also known as Rebbi or Rabbeinu HaKadosh , was a 2nd-century CE rabbi and chief redactor and editor of the Mishnah. He was a key leader of the Jewish community during the Roman occupation of Judea . He was of the Davidic line, the royal line of King David, hence the...
said that the same rule applied to monetary suits or capital charges where the disqualified witnesses joined to take part in the warning of the defendant, but the rule did not disqualify the remaining witnesses where the disqualified witnesses did not take part in the warning. And the Gemara further qualified the Mishnah’s ruling. (Mishnah Makkot 1:7–8; Babylonian Talmud Makkot 5b–6b.)
Who were the judges in the court described in The Mishnah taught that the High Priest could serve as a judge. (Mishnah Sanhedrin 2:1; Babylonian Talmud Sanhedrin 18a.) But the King could not. (Mishnah Sanhedrin 2:2; Babylonian Talmud Sanhedrin 18a.) When a vacancy arose, a new judge was appointed from the first row of scholars who sat in front of the judges. (Mishnah Sanhedrin 4:4; Babylonian Talmud Sanhedrin 37a.)
Rav Joseph reported that a Baraita interpreted the reference to “the priests” in to teach that when the priests served in the Temple, a judge could hand down capital punishment, but when the priesthood is not functioning, the judge may not issue such judgments. (Babylonian Talmud Sanhedrin 52b.)
instructs, “you shall come . . . to the judge who shall be in those days,” but how could a person go to a judge who was not in that person’s days? The Rabbis taught in a Baraita that employs the words “who shall be in those days” to show that one must be content to go to the judge who is in one’s days, and accept that judge’s authority. And the Rabbis taught that Ecclesiastes
Ecclesiastes
The Book of Ecclesiastes, called , is a book of the Hebrew Bible. The English name derives from the Greek translation of the Hebrew title.The main speaker in the book, identified by the name or title Qoheleth , introduces himself as "son of David, king in Jerusalem." The work consists of personal...
conveys a similar message when it says, “Say not, ‘How was it that the former days were better than these?’” (Babylonian Talmud Rosh Hashanah 25b.)
The Sages based their authority to legislate rules equally binding with those laid down in the Torah on the words of “According to the law that they shall teach you . . . you shall do; you shall not turn aside from the sentence that they shall declare to you.” (Babylonian Talmud Berakot 19b.)
Gamaliel
Gamaliel the Elder , or Rabban Gamaliel I , was a leading authority in the Sanhedrin in the mid 1st century CE. He was the grandson of the great Jewish teacher Hillel the Elder, and died twenty years before the destruction of the Second Temple in Jerusalem...
(the president of the Great Sanhedrin
Sanhedrin
The Sanhedrin was an assembly of twenty-three judges appointed in every city in the Biblical Land of Israel.The Great Sanhedrin was the supreme court of ancient Israel made of 71 members...
in Jerusalem) accepted their evidence and ruled that a new month had begun. But later at night (after the nightfall with which the thirty-first day of the earlier month would have begun), when the new moon should have been clearly visible, no one saw the new moon. Rabbi Dosa ben Harkinas
Dosa ben Harkinas
Dosa ben Harkinas was of the first generation of the Jewish Tanna sages, proceeding the era of the Zugot. Contemporary to Yochanan ben Zakai, he was active during the era of the Second Temple of Jerusalem, and lived to a ripe old age, even after the destruction of the Second Temple. His best known...
declared the two witnesses to be false witnesses, comparing their testimony to that of witnesses who testify that a woman bore a child, when on the next day her belly was still swollen. Rabbi Joshua
Joshua ben Hananiah
Joshua ben Hananiah was a leading tanna of the first half-century following the destruction of the Temple. He was of Levitical descent , and served in the sanctuary as a member of the class of singers . His mother intended him for a life of study, and, as an older contemporary, Dosa b. Harkinas,...
told Rabbi Dosa that he saw the force of his argument. Rabban Gamaliel then ordered Rabbi Joshua to appear before Rabban Gamaliel with his staff and money on the day which according to Rabbi Joshua’s reckoning would be Yom Kippur
Yom Kippur
Yom Kippur , also known as Day of Atonement, is the holiest and most solemn day of the year for the Jews. Its central themes are atonement and repentance. Jews traditionally observe this holy day with a 25-hour period of fasting and intensive prayer, often spending most of the day in synagogue...
. (According to Rabbi Joshua’s reckoning, Yom Kippur would fall a day after the date that it would fall according to Rabban Gamaliel’s reckoning. And prohibited carrying a staff and money on Yom Kippur.) Rabbi Akiva then found Rabbi Joshua in great distress (agonizing over whether to obey Rabban Gamaliel’s order to do what Rabbi Joshua considered profaning Yom Kippur). Rabbi Akiva told Rabbi Joshua that he could prove that whatever Rabban Gamaliel ordered was valid. Rabbi Akiva cited which says, “These are the appointed seasons of the Lord, holy convocations, which you shall proclaim in their appointed seasons,” which is to say that whether they are proclaimed at their proper time or not, God has no appointed seasons other than those that are proclaimed. Rabbi Joshua then went to Rabbi Dosa, who told Rabbi Joshua that if they called into question the decisions of the court of Rabban Gamaliel, then they would have to call into question the decisions of every court since the days of Moses. For says, “Then Moses and Aaron, Nadab and Abihu, and 70 of the elders of Israel went up,” and does not mention the names of the elders to show that every group of three that has acted as a court over Israel is on a level with the court of Moses (as most of the members of that court also bore names without distinction). Rabbi Joshua then took his staff and his money and went to Rabban Gamaliel on the day that Rabbi Joshua reckoned was Yom Kippur. Rabban Gamaliel rose and kissed Rabbi Joshua on his head and said, “Come in peace, my teacher and my disciple — my teacher in wisdom and my disciple because you have accepted my decision.” (Babylonian Talmud Rosh Hashanah 25a.)
The Mishnah explained the process by which one was found to be a rebellious elder within the meaning of Three courts of law sat in Jerusalem: one at the entrance to the Temple Mount, a second at the door of the Temple Court, and the third, the Great Sanhedrin
Sanhedrin
The Sanhedrin was an assembly of twenty-three judges appointed in every city in the Biblical Land of Israel.The Great Sanhedrin was the supreme court of ancient Israel made of 71 members...
, in the Hall of Hewn Stones in the Temple Court. The dissenting elder and the other members of the local court with whom the elder disputed went to the court at the entrance to the Temple Mount, and the elder stated what the elder and the elder’s colleagues expounded. If the first court had heard a ruling on the matter, then the court stated it. If not, the litigants and the judges went to the second court, at the entrance of the Temple Court, and the elder once again declared what the elder and the elder’s colleagues expounded. If this second court had heard a ruling on the matter, then this court stated it. If not, then they all proceeded to the Great Sanhedrin at the Hall of Hewn Stones, which issued instruction to all Israel, for said that “they shall declare to you from that place that the Lord shall choose,” meaning the Temple. If the elder then returned to the elder’s town and issued a decision contrary to what the Great Sanhedrin had instructed, then the elder was guilty of acting “presumptuously” within the meaning of But if one of the elder’s disciples issued a decision opposed to the Great Sanhedrin, the disciple was exempt from judgment, for the very stringency that kept the disciple from having yet been ordained served as a source of leniency to prevent the disciple from being found to be a rebellious elder. (Mishnah Sanhedrin 11:2; Babylonian Talmud Sanhedrin 86b.)