Pisqa’ 148¹

1

“When there is found among you” (Dt.17:2)—

with [the confirmation of] witnesses.

Inferring from what is said elsewhere:

“By the testimony of two witnesses,

or by the testimony of three witnesses

shall the matter be established” (Dt. 19:15),²

this verse (Dt.17:2) creates an interpretive family³—

namely, wherever [the passive verb], is found, appears

[in the context of a capital offense],

we interpret this to require two or three witnesses

[in order to convene a trial].⁴

2

“In your midst, in one of your gates” (Dt.17:2).

What does the Teaching mean?

Since it is said:

“And you shall bring out to your gates that man or this woman,

who has committed this wicked deed” (Dt.17:5),

shall I infer that they are brought out to

the place at which they were discovered sinning

or to the place at which they are to be judged?

The Teaching states:

“Your gates” (Dt.17:2) and “your gates” (Dt.17:5).

It thus permits the following exegetical inference:⁵

just as your gates, elsewhere (Dt.17:5)

refers to the place at which they were found,

and not to the place at which they are to be judged,

so, too, your gates, here (Dt.17:2)

refers to the place at which they were found,

and not to the place at which they are to be judged.⁶

3

Since we find that

those led astray to serve in a foreign cult
are [executed] by the sword,

is it possible to say that the same applies to

those who led them astray?

The Teaching states:

“And you shall bring out that man or this woman . . .

and pelt them with stones till they die” (Dt.17:5).

Since we find that

they do not declare a city led astray

on the testimony of one [male] witness,

or on the testimony of a woman,

is it possible to say that

[individuals who do so] are exempt?

The Teaching states:

“A man or a woman” (Dt.17:2)—

[individuals who lead a city astray are culpable].

4

“Who shall commit this evil before the eyes of HASHEM your God,

to transgress His Covenant” (Dt.17:2)—

[such a person]

is known to others by five epithets:

Condemned; Abominable; Hateful; Disgusting; and Perverse.⁷

 

And the All-Present knows him by five epithets:

Wicked; Covenant-breaker; Blasphemer; Enrager; and Rebel.

 

And he causes five catastrophes:

He pollutes the Land; he profanes the Name; he repels the Presence;

he causes Israel to fall by the sword, and he drives them off their Land.⁸

5

I might infer only that

[the leader astray] alone causes these catstrophes.

On what basis do I know that

they are also caused by

one who actually serves a foreign cult?

The Teaching states:

“And he goes and serves other gods” (Dt.17:3).

On what basis do I know that

they are also caused by

one who only prostrates himself?

The Teaching states:

“And he prostrates himself to them.

and to the sun, or to the moon,

or to any of the Heavenly retinue,

about which I have not commanded you” (Dt.17:3)

“To serve them” (Dt.28:14)—

this clause includes [within the prohibition],

one who associates

[the God of Israel with the name of a foreign god].

6

R. Yose the Galilean says:

Inferring from what is stated:

“Those whom HASHEM your God has apportioned to all the peoples” (Dt.4:19)—

is it possible to say that

He apportioned them to the nations [for worship]?
The Teaching states:

“Gods which they had never known,

and in which they had no share” (Dt.29:25)—

[they— the nations—were not given their own gods to adore].

7

R. Yose says:

My son, Elazar, teaches three words about

[the Supernal One’s tolerance of the foreign cult]:

“They built altars to Baal . . .which I did not command” (Jer.19:5)—

that is, in the Torah;

“Of which I did not utter” (Jer.19:5)—

that is, in the Ten Utterances;

“And which never entered my mind” (Jer.19:5)—

that a person might offer his child upon an altar!

Others teach:

“Which I did not command” (Jer.19:5)—

referring to the sacrifice of Jephthah.⁹

“Of which I did not utter” (Jer.19:5)—

referring to Mesha, King of Moab.¹⁰

“And which never entered my mind” (Jer.19:5)—

that Abraham might offer his child upon an altar!

1. H:186-187; JN2:10-12
2. Cf. Dt.17:6 , which requires “two or three witnesses” to refute conspiratorial testimony. By contrast, Dt.19:15 cites the same rule of testimony in cases of blasphemy. See Sifre, Pisqa’ 188.
3. Heb: binyan ‘av: literally, “a construction from a father.” That is, “an interpretive context governed by a dominant term.”.
4. On the difficulties of this passage, see H:450, Pisqa’ 148, n.1.
5. Heb: gezeirah shawa; literally: “a similarity of meaning,” or, more expansively, “the meaning of the term in the present context is established from its meaning in a different context.”
6. Cf. Pisqa’ 149.4
7. // Sifra, qedoshim, per.4:1.Cf. Pisqa’ 226.3
8. // Sifra, qedoshim, per.4:1
9. Who misunderstood the laws of vows to required him to sacrifice his daughter in satisfaction of his vow (see Jud.29:11-40).
10. Who sacrificed his own son (2Ki.3:27).