Rabbinic JudaismSifrei Devarim 215HOLYMAP · SACRED TEXTS
Sifrei on DeuteronomySifrei Devarim 215

Sifrei on Deuteronomy

Sifrei Devarim 215

1
English · Shraga Silverstein

(Devarim 21:15) "If there be to a man two wives": Scripture speaks of women in whom there is "being" (i.e., being as a wife) — to exclude a maidservant and a Canaanite woman, in whom there is no "being" (i.e., with whom marriage does not "take"). The implication is that excluded (from this halachah) are these (above) and those whom he has ravished or seduced, (where there is no "marriage"). It is, therefore, written "loved" and "hated." Is there such a thing as "loved" or "hated" before the L-rd (i.e., as affecting marital status)? It must be (that "hated," then,) refers to ravished or seduced (i.e., "hated" by the L-rd), not in the manner of all the wives (as opposed to "loved," connoting halachically permitted union, [the halachah of non-favoritism obtaining also with sons of rape or seduction]). Whence do we derive (for inclusion in this halachah) (the sons of) a widow (wed) to a high-priest and (the sons of) a divorcée or a chalutzah (a levirate-refused woman, wed) to a regular Cohein (even though these unions are halachically interdicted)? From (the repetition of) "hated" "hated." (I might think that only) these are included, these unions being forbidden by negative commandment (only); but I would not include unions liable to kareth (cutting-off) at the hands of heaven; it is, therefore, written, to negate this assumption, "hated" "hated." I might then think (that also included in the halachah of non-favoritism) are a maidservant and a Canaanite woman; it is, therefore, written "If there be to a man … and they bear to him sons" — Wherever there is "being" (see above), the sons are his (and the halachah of non-favoritism obtains) — excluding the above, where the sons are not (halachically) his, (but the mother's).

2
English · Shraga Silverstein

R. Shimon says (on "the loved one and the hated one"): Scripture hereby apprises us that he is destined to hate her (the captive woman) and love another.

3
English · Shraga Silverstein

"and they bear him sons": to exclude (from the halachah of bechor) an instance where we are in doubt (as to whether the son is a nine-month birth to the [possible] first [man who cohabited with her]), or a seven-month birth to the second.

4
English · Shraga Silverstein

"and they bear": I might think, from the place of "bearing," to exclude a (son born by) Caesarean section; it is, therefore, written "sons" (in any event).

5
English · Shraga Silverstein

"two wives": This tells me only of two. Whence do I derive (that the same applies) even if they are more? From "wives" (in any event).

6
English · Shraga Silverstein

This tells me that the double share of the bechor (the first-born) applies only if there are many wives, some loved and some hated. Whence do I derive (that the same applies) even if all are loved or all hated? From "and they bear him sons, the loved one and the hated one," (the implication being) even if all are loved or all hated.

7
English · Shraga Silverstein

This verse is not included in this edition.

8
English · Shraga Silverstein

Whence do I derive (that the same applies) even if there is only one wife (who bears two sons) and she is loved or hated? From (the repetition) "loved" "loved," "hated" "hated."

9
English · Shraga Silverstein

Is there such a thing as "loved" or "hated" before the L-rd (i.e., as affecting marital status)? It must be (that "hated," then,) refers to ravished or seduced (i.e., "hated" by the L-rd), not in the manner of all the wives (as opposed to "loved," connoting halachically permitted union, [the halachah of non-favoritism obtaining also with sons of rape or seduction]). Whence do we derive (for inclusion in this halachah) (the sons of) a widow (wed) to a high-priest and (the sons of) a divorcée or a chalutzah (a levirate-refused woman, wed) to a regular Cohein (even though these unions are halachically interdicted)? From (the repetition of) "hated" "hated."

10
English · Shraga Silverstein

(I might think that only) these are included, these unions being forbidden by negative commandment (only); but I would not include unions liable to kareth (cutting-off) at the hands of heaven; it is, therefore, written, to negate this assumption, "hated" "hated."

11
English · Shraga Silverstein

I might then think (that also included in the halachah of non-favoritism) are a maidservant and a Canaanite woman; it is, therefore, written "If there be to a man … and they bear to him sons" — Wherever there is "being" (see above), the sons are his (and the halachah of non-favoritism obtains) — excluding the above, where the sons are not (halachically) his, (but the mother's).

12
English · Shraga Silverstein

This verse is not included in this edition.

13
English · Shraga Silverstein

Variantly: "and they bear him sons": Sons come under this ordinance (of bechor) and not daughters. Because we find that daughters divide the inheritance where there are no brothers, (viz. Bamidbar 27:8), we might think that this ordinance obtains with them (as well as with sons); it is, therefore, written "and they bear him sons" — Sons come under this ordinance and not daughters.

14
English · Shraga Silverstein

"and the first-born son be the hated one's": and not a tumtum (one whose sex is concealed) or a hermaphrodite.

15
English · Shraga Silverstein

"and the first-born": and not one whose first-born status is in doubt.

16
English · Shraga Silverstein

"the hated one's": i.e., even though the first-born son be the hated one's. Variantly: Scripture apprises you that the first-born son shall be the hated one's.

1
Sifrei Devarim 215English
2
Sifrei Devarim 2150%

Sifrei on Deuteronomy

Find your chapter.

357 chapters

Make yourself comfortable.

PAGE COLOUR

TEXT SIZE

100%

Your preferences stay with you on this device.

ORIGINALS & TRANSLATIONS

Choose your edition.

Select one edition for quiet reading, or several to compare the words.

Public-domain Hebrew editions, digitized by Sefaria (sefaria.org). · Source ↗

Mechilta, Sifra and Sifrei, translated by Rabbi Shraga Silverstein. CC BY. Text from Sefaria (sefaria.org). · Source ↗

English translation: Sifrei Devarim, translated by Rabbi Shraga Silverstein, via Sefaria (sefaria.org). Licensed under Creative Commons Attribution (https://creativecommons.org/licenses/by/3.0/). Changes: footnotes and HTML formatting removed.

↑
Explore the atlas
↑ ↓ to explore   ·   Enter to open   ·   Esc to close