Rashi on TanakhDeuteronomy 25

Rashi

Read Deuteronomy 25 in the Bible

Deuteronomy 25:1

If a quarrel should occur. They will ultimately approach the court of justice. You may thus conclude that tranquility does not evolve from quarreling. What caused Lot to take leave of the saint? You may say, it was quarreling.
And they convict the villain. Perhaps everyone found liable in court is subject to flogging? The Torah therefore teaches, ”Should, the wicked one deserve flogging.” At times he is flogged, and at times he is not flogged. Who, then is liable to flogging? Learn from the context, “You may not muzzle an ox while it threshes” — a negative commandment unattached to a positive commandment.

Deuteronomy 25:2

The judge shall incline him. This teaches that he is not flogged standing or sitting, but inclined.
Before him in the amount befitting his crime. And behind him, in the amount befitting a double crime. From here it is derived that he is flogged two thirds from behind, and one third at the front.
With the number near. This is not vocalized בַּמִסְפָּר, indicating that it is attached, so that we read “With the number near forty,” but not with the total of forty. Rather, the number which concludes and completes up to forty, meaning forty minus one.

Deuteronomy 25:3

He may not add. From here we derive that one is forbidden to strike one’s fellow.
When your brother will be slighted. He is constantly described as a criminal, but after the flogging, he is entitled “your brother.”

Deuteronomy 25:4

You may not muzzle an ox. Scripture speaks in commonplace situations, but this applies as well to all domesticated animals, wild animals and fowl, engaged in work involving food. If so, why is the ox mentioned? To exclude man.
While it threshes. Perhaps one may muzzle it while outside? The Torah therefore teaches, “You may not muzzle an ox,” anywhere. Then why is threshing said? To teach you: Just as threshing is, specifically, something done when the work was not complete, and with produce of the earth; so, with everything similar. This excludes milking, and cheese and butter making, since they are not products of the earth. It excludes kneading and shaping, since its work was completed for the challah obligation. It excludes prying apart dates and figs, since their work was completed for tithing.

Deuteronomy 25:5

If brothers reside together. Provided they shared a concurrent residence in this world — this excludes the wife of his brother who did not share his world.
Together. Together in their inheritance. This excludes maternal brothers.
Having no son. Scrutinize him — a son or daughter, a son’s son or daughter, or a daughter’s son or daughter.

Deuteronomy 25:6

It shall be that the firstborn. The oldest brother shall perform levirate marriage with her.
When she is capable of bearing children. This excludes the eilonis, who cannot bear children.
Shall be established in place of his deceased brother. The one who performed levirate marriage with his wife, shall receive the deceased’s share in his father’s estate.
So that his name may not be obliterated. This excludes the wife of a eunuch, whose name is already obliterated.

Deuteronomy 25:7

To the portal. As Targum [Onkelos] translates, “To the portal of the court of law.”

Deuteronomy 25:8

He shall stand. While standing.
And declare. In the sacred language. She, too, must speak in the sacred language.

Deuteronomy 25:9

And spit before him. On the ground.
Who will not build. From here we derive that someone who performed chalitzah may not retract and perform levirate marriage, as it does not say, “Who did not build,” but “Who will not build.” Since he did not build, he may no longer build.

Deuteronomy 25:10

It will be entitled, etc. It is a mitzvah incumbent on all those standing there to proclaim, “The divesture of the shoe.”

Deuteronomy 25:11

If men engage in an altercation. Ultimately, they will come to blows, as it is said, “From his assailant.” No peace can result from altercation.

Deuteronomy 25:12

You shall sever her hand. Monetary payment for his humiliation, varying according to the one who caused the humiliation, and the one who suffered it. But perhaps this refers literally to her hand? It is said here, “have no compassion,” and it is said elsewhere, concerning scheming witnesses, “Have no compassion.” Just as there, the reference is to monetary payment, here, too, the reference is to monetary payment.

Deuteronomy 25:13

Varying weight-stones. [lit. stones] Weights.
Large and small. Where the larger contradicts the smaller, so that he will not receive with the larger, and return with the smaller.

Deuteronomy 25:14

You shall not have. If you do this, you shall not have anything.

Deuteronomy 25:15

A fully accurate, just weight, you shall have. If you fulfill this, you shall have abundance.

Deuteronomy 25:17

Remember what . . . perpetrated against you. If you were deceitful with your measures and weights, you should dread harrassment by the enemy, as it is said, “Deceitful scales are abhorred by Adonoy,” and it is written afterward, “The malicious arrive, then comes mortification.”

Deuteronomy 25:18

When they chanced upon you en route. This connotes a chance occurrence. Another interpretation: The connotation is semen and ritual defilement — they defiled them with homosexual relations. Another interpretation: The meaning is “cold,” as opposed to heat. They cooled you, moderated you to tepidness from seething heat. For all the nations were afraid of waging war against you, until they commenced, preparing the way for others. This is compared with a boiling bath into which no creature could enter. One villain came and leaped into it. Although he was scalded, he cooled it for the others.
They struck down your appendage. Striking at the appendage — they severed the circumcision, and flung it heavenward.
All the feeble ones behind you. Enfeebled because of their sins, as the cloud ejected them.
And You were exhausted and wearied. Exhausted by thirst, as it is written, “The people thirsted there for water,” and afterward it is written, “Amalek came.”
And wearied. By travel.
They had no fear. Amalek, of God, so as not to harm you.

Deuteronomy 25:19

You shall obliterate the memory of Amalek. Man and woman, child and infant, ox and sheep, so that the name “Amalek” will never be remembered, even with regard to an animal, by saying, ‘This animal belonged to Amalek.’

Rashi on Tanakh — Rashi. Metsudah Publications / Judaica Press · CC BY