Pisqa’ 271¹

1

“When a man takes a new wife” (Dt.24:5)—

I might infer only that

the rule applies to a virginal wife.

On what basis do I extend the rule

to include a widow or

a childless sister-in-law

awaiting the decision of her dead husband’s brother²

[to either marry her or release her to remarry freely]?

The Teaching states:

“He shall rejoice with his wife” (Dt.24:5)—

     under all cirumstances

[even if his wife is previously married].

If so, why is it stated:

“New” (Dt.24:5)?

To imply that she is new to him.

This excludes [from the rule of rejoicing]:

a man remarrying his ex-wife;

a widow married to a High Priest;

a divorcee or one released from marriage

to her dead husband’s brother,³

[and now newly married] to a common Priest;

a woman of impaired lineage;⁴

or an out-caste,⁵

[either of whom is married] to an Israelite;

or a daughter of Israel who marries either

a man of impaired lineage or an out-caste.

2

“He shall not go off with the troops” (Dt.24:5).

Is it possible to say that

he shall not go off with the troops,

but shall supply weaponry, water, and provisions?

The Teaching states:

“He shall not be burdened by any other matter” (Dt.24:5)—

[of civilian support of the war efforts].

If “he shall not be burdened by any matter,”

Is it possible to say that

[he is not to be burdened]

even if he built a house, but hadn’t dedicated it,

or planted a vineyard, but hadn’t de-consecrated it,

or betrothed a woman, but hadn’t married her?

The Teaching states:

“Burdened by” (Dt.24:5)—

that is, he shouldn’t be burdened [by military service],

but he may be burdened

by these other matters. ⁶

“He shall be given clearance to attend to his house” (Dt.24:5)—

this refers to what he needs for his household.

“He shall be given clearance” (Dt.24:5)—

this refers to [the needs of] his vineyard.

“He shall rejoice with his wife” (Dt.24:5)—

this refers to [the needs of] his wife

[but not another woman].

“Whom he has taken” (Dt.24:5)—

including his widowed sister-in-law

[taken to perpetuate his dead brother’s lineage

under the rule of the levir].

1. H:267;JN2:214-215.
2. Heb: shomeret yavam; literally, “one awaiting the levir.”
3. Heb: khalutzah, i.e., the Shoe-loosener; cf. Pisqa’ 215.1
4. Heb: mamzeret; see Pisqa’ 249.2-3
5. Heb: netin/ah; a descendent of Gibeonite converts who, in the days of Joshua, were condemned to form a cadre of wood cutters and water drawers (Josh.9:27). Usually regarded as being the lowest genealogical rung among those included in Israel (e.g. M. Hor.3:8).
6. Cf, T. Sotah 7:20.