Sifrei on Deuteronomy Sifrei Devarim 190

English · Shraga Silverstein

(Devarim 19:17) "Then the two men shall stand": It is a mitzvah for the litigants to stand.

English · Shraga Silverstein

"the two men": This tells me only of men (as being required to stand). Whence do I derive (the same for) a man (contending with) a woman; a woman with a man; two women with each other? From "who have the contention" — in any event. If so, why is it written "men"?

3

English · Shraga Silverstein

Because it is written (Ibid. 15) "By word of two witnesses, etc.", I might think that a woman, too, may testify; it is, therefore, written here, "two," and there "two." Just as "two" here are "men," and not women, so, "two" there.

4

English · Shraga Silverstein

"who have the contention": Let the owner of the (disputed) ox come and stand by his ox.

5

English · Shraga Silverstein

"before the L-rd": They think they are standing before flesh and blood — they are standing before the L-rd!

6

English · Shraga Silverstein

"before the Cohanim and the judges who shall be in those days": This is as R. Yossi Haglili said: Would it enter your mind that they (should stand before) a judge who is not in your days! (The reference is) rather, to (a judge) who had been kin (to one of the litigants [e.g., married to his sister, in which instance he would not be fit for judging his case]), and who had become "distant" (by her death — his present status [thus, "in your days"] permitting him to judge the case.) Variantly: (The reference is) to one who was certified (to judge you) in those days, in keeping with (Koheleth 7:10) "Do not say: What has happened that the former days were better than these, etc."

7

English · Shraga Silverstein

(Devarim 19:18) "And the judges shall inquire well. And elsewhere, (Ibid. 13:15) "And you shall inquire, and you shall search out, and you shall ask well," and elsewhere (Ibid. 17:4) "And it be told to you, and you hear, and you shall search it out well" — "well" - "well," for an identity (gezeirah shavah ). We are hereby taught that he is subject to seven inquiries (chakiroth, cross-examinations). Whence is it derived that there are also bedikoth ("examinations," factual review)? From (Ibid.) "and, behold, true and correct is the thing." Whence is it derived (that through his testimony) he is branded as "false"? From (Ibid. 19:18) "and, behold, a false witness is the witness."

8

English · Shraga Silverstein

Whence is it derived that (through his testimony) he brands his neighbor (witness) as "false"? From (Ibid.) "'false' has he testified against his brother."

9

English · Shraga Silverstein

I might think that even if their testimony has been cross-examined (and accepted) in beth-din (and other witnesses come to refute the refuters, that the latter are rendered "edim zomemin"); it is, therefore, written (Ibid.) "And the judges inquire well, and behold, (i.e., the case is "closed") — (The first refuters are detained) only so long as beth-din needs them, and not after their testimony has been cross-examined in beth-din. "a witness" — two (i.e., the minimum of "witness" is two); "the witness" — even one hundred.

10

English · Shraga Silverstein

(Ibid. 19:19) "Then you shall do to him as he schemed to do to his brother": If money (i.e., if he schemed to make his brother liable for money), money (i.e., then he pays money); if stripes, stripes; if (other) punishments, punishments.

11

English · Shraga Silverstein

We "hear" the punishments (for edim zomemin.) Where do we find the exhortation (against it)? In (Shemoth 20:13) "you shall not testify against your neighbor false testimony."

12

English · Shraga Silverstein

"to do to his brother": From here they ruled: Edim zomemin are not killed unless the verdict has been pronounced (to kill the defendant). For the Sadducees were wont to say: Scheming witnesses are not killed unless the defendant is killed, it being written (Ibid. 21) "a soul for a soul" — to which the sages replied: But is it not written "Then you shall do to him as he schemed to do to his brother" — but his brother is (still) living? If so, why is it written "a soul for a soul"? For I might think that they are killed as soon as their (the refuters') testimony is accepted. It is, therefore, written "a soul for a soul" — they are not killed unless the verdict has been pronounced (to kill the defendant).

13

English · Shraga Silverstein

R. Yossi Haglili says: What is the intent of "Then you shall do to him as he schemed to do to his brother"? We find in all the (capital) punishments of the Torah that the penalty of the man is like that of the woman, and that of the edim zomemin like theirs. But in the instance of one who fornicated with the daughter of a Cohein, the penalty of the man is not the same as that of the woman, that of the man being strangulation, and that of the woman, burning. But we have not heard what is to be done with their zomemin (in such an instance). It is, therefore, written "Then you shall do to him as he schemed to do to his brother." As the death of his brother is his death, and not as the death of his sister.

14

English · Shraga Silverstein

And whence is it derived that one who shamed another pays money? It is written here (19:21) "your eyes shall not pity," and elsewhere (in an instance of shaming) (Ibid. 25:12) "your eyes shall not pity." Just as here monetary payment (is being referred to), so, there, monetary payment.

15

English · Shraga Silverstein

R. Yehudah says: It is written here (19:21) "hand" and "foot," and elsewhere (Shemoth 21:24) "hand" and "foot." Just as "hand" and "foot" here refer to monetary payment, so, "hand" and "foot" there.

16

English · Shraga Silverstein

R. Yossi Haglili says: Whence is it derived that one should not go out to war unless he has hands, feet, eyes, and teeth? From (the juxtaposition of (19:21) "Your eyes shall not pity; a soul for a soul, an eye for an eye, a tooth for a tooth, a hand for a hand, a foot for a foot" with (20:1) "when you go out to war against your foes."

17

English · Shraga Silverstein

(Devarim 20:1) "when you go out to war against your foes": Scripture here speaks of a non-obligatory (optional) war.

18

English · Shraga Silverstein

"against your foes": (Remember that) it is against your foes that you are warring.

19

English · Shraga Silverstein

"and you see horse and chariot": Just as they go out against you with horse and chariot, so, you go out against them with horse and chariot.

20

English · Shraga Silverstein

"horse and chariot": Now do they have only one horse? Is it not written "a great host"? (The meaning is that) when Israel do the L-rd's will, they are all reckoned as one horse. Similarly, (Shemoth 15:1) "Horse and its rider He has cast into the sea." Was there only one horse? Is it not written (Ibid. 14:7) "And he (Pharaoh) took six hundred choice, chariots, etc."? (The meaning is that) when Israel do the L-rd's will, they are all reckoned as one horse. (Devarim, Ibid.)

21

English · Shraga Silverstein

"Do not fear them, for the L-rd your G-d is with you, who brought you up from the land of Egypt": He who brought you up from the land of Egypt will stand up for you in a time of trouble.

Sifrei Devarim 190

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