המצווה להתחתן עם אלמנת אחיך - יבום

(1) תקרא שמו וגו׳ AND HIS NAME SHALL BE CALLED [IN ISRAEL “THE HOUSE OF HIM THAT HATH HIS SHOE LOOSED”] — It is a duty of all those standing there to exclaim: חלוץ הנעל “O, you who have had your shoe drawn off!” (Sifrei Devarim 291:10; Yevamot 106b).

(1) That is that He commanded the priests to eat the remainders of the grain offerings. And that is His, may He be exalted, saying, "What is left of it shall be eaten by Aharon and his sons; it shall be eaten as matzot" (Leviticus 6:9). And the language of the [Sifra] (Sifra. Tzav, Section 9:1-2) is, "'It shall be eaten' - is a commandment. Similar to this, 'her levirate husband shall come to her' (Deuteronomy 25:5) - is a commandment." This means to say that eating the remainders of the grain offerings is like the sexual intercourse of the levirate husband, which is a positive commandment, and not just a permitted matter. And the laws of this commandment have already been explained in Tractate Menachot. And the language of the Torah about this commandment is specific to males - and that is His, may He be exalted, saying, "Every male among the Children of Aharon may eat it" (Leviticus 6:11). (See Parashat Tzav; Mishneh Torah, Sacrificial Procedure 10.)

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(3) And it is clear that the priest taking that which he may take is one of the parts of the commandment, as we mentioned with the hide of the burnt-offering. Likewise the first shearings is the whole commandment, such that we give it to the priest; like the tithe that we give to the Levite. But they have already erred about this, such that they have counted the gifts to the priesthood as a commandment after they have counted some of the commandments that those gifts were a part of - as we explained with the hide of the burnt-offering, and the breast and the thigh of the peace-offerings. And because this principle was hidden from others besides us and they were not aware of it all and they did not comprehend it - they came to counting pouring, mixing, crumbling, salting, presenting, waving and incinerating as separate commandments; and they did not know that they were all parts of the process of the grain-offering. And that is that we were commanded the grain-offering; and afterwards He explained about this topic that was mentioned and what it is about - and that is the doctrine of the grain-offering. And He said that it should be from fine flour and from bread that is made according to this description or that description - meaning [in] a pan, or a deep-pan or baked in an oven - that it be mixed in oil according to a certain measure, crumbled, that salt and frankincense is put upon it, that it is presented, waved, some of it is taken and incinerated, according to the facets that were explained in Tractate Menachot. But these are all parts of the process. And the matter that follows this whole description is called a grain-offering. If so, the commandment is the command that the process of the sacrifice of bread or of fine flour be that we offer it completely according to this arrangement. And similar to these things in the commandment of the grain offering - meaning it pouring, its mixing, its crumbling, its salting, its presenting, its waving and its incinerating - is His, may He be exalted, saying about chalitsah, "and she shall remove his shoe, spit in front of him, and declare and say" (Deuteronomy 25:9). And just like the commandment of chalitsah is one and we do not count chalitsah (removing the shoe) and spitting [separately] - since it is their combination, which is the process of chalitsah, that is one commandment - so too, would we not count, "and you shall pour oil upon it," "and he shall place frankincense upon it," "you shall surely salt it," "and he shall wave" and "and he shall incinerate." And this would only be hidden from someone who bases his words on his first impressions without [further] analyzing them - as the Sages, may their memory be blessed, say, "He said it on the run" - meaning it was said without observation but it was rather what first came to his mind. And this principle [relates to] the commands of the sacrifices and how it is appropriate to count them, such that no new mistakes or confusion creep in at all - as we have explained.

(1) R. Joshua of Sikhnin said in the name of R. Levi, “There are four things that the evil drive would refute [as irrational], and for each of them is written [the word,] huqqah (i.e., an unquestioned statute).⁸⁴Although Huqqah is normally translated simply as “statute,” the word more fully denotes a command that demands implicit and unquestioned obedience. Huqqah is therefore translated “unquestioned statute” throughout this section. Now these concern the following: (1) the nakedness of a brother's wife, (2) diverse kinds, (3) the scapegoat, and (4) the red heifer.”⁸⁵PR 14:12; Numb. R. 19:5; see Yoma 67b. In regard to the nakedness of a brother's wife, it is written (in Lev. 18:16), “You shall not uncover the nakedness of your brother's wife”; [yet if the brother] dies without children [it is written] (in Deut. 25:5), “her brother-in-law shall have sexual intercourse with her [and take her for a wife].” And it is written about the sexual prohibitions (in Lev. 18:5), “And you shall keep [all] My unquestioned statutes [...].” In regard to diverse kinds, it is written (in Deut. 22:11), “You shall not wear interwoven stuff, [wool and flax together]”; yet a linen cloak⁸⁶Gk.: sindon. with [wool] tassels is permitted.⁸⁷See Numb. 15:37-38. And for [this commandment also] it is written, [that it is] an unquestioned statute. [Thus it is written (in Lev. 19:19),] “You shall keep My unquestioned statute. You shall not mate your cattle with a different kind…, [nor shall you wear a garment with diverse kinds of interwoven stuff].” In regard to the scapegoat, it is written (in Lev. 16:26), “And the one who sets the azazel-goat free shall wash his clothes”; yet it is [the goat] itself that atones for others. And for [this commandment also] it is written (in Lev. 16:34), “And this shall be to you an unquestioned statute forever.” In regard to the red heifer, where is it shown? Since we are taught (in Parah 4:4), “All engaged with the [rite of the red] heifer from beginning to end render [their] garments unclean”; yet it is [the heifer] itself that purifies [what is] unclean. And for [this commandment also] it is written, [that it is] an unquestioned statute. Thus it is written (in Numb. 19:2), “This is an unquestioned statute of the Torah.”

(1) (Numb. 27:1:) “Then came forward the daughters of Zelophehad.” In that generation the women were fencing¹¹On raising a fence about the Law, see Avot 1:1. that which the men were breaching.¹²Numb. R. 21:10. Accordingly you find that Aaron said to them (i.e., the men in Exod. 32:2), “Take off the gold rings [that are in the ears of your wives…]”; but the women were unwilling and protested against their husbands. Thus it is stated (in vs. 3), “So all the people took off the gold rings that were in their¹³Since “their” is masculine here, there is an implication that the men only took their own earrings. ears.” Thus the women did not take part in making the [golden] calf. So also in the case of the spies who had spread slander (according to Numb. 14:36), “when they returned, they made [the whole congregation] murmur against him.” A decree was issued against them, because they had said (in Numb. 13:31), “We are unable to go up [against this people for they are stronger than us].” The women, however, were not with them in their counsel. What is written above the matter (in Numb. 26:65)? “Because the Lord had said to them, ‘They shall surely die in the wilderness,’ not a man of them remained.” [Note that Scripture speaks of] “a man,” and not of "a woman.” Because they (i.e., the men) did not want to enter the land, but the women came forward to ask for an inheritance [in the land]; (Numb. 27:1) “Then came forward the daughters of Zelophehad.” Therefore the parashah [about the death of that generation] was written next to this parashah, because what the men broke down the women fenced in. Another interpretation (of Numb. 27:1), “Then came forward [the daughters of Zelophehad ben Hepher ben Gilead ben Machir ben Manasseh, of the families of Manasseh ben Joseph”: [Their action was] an honor to them. [It was also] an honor to their father, an honor to Machir, an honor to Manasseh and an honor to Joseph that such righteous and wise women had issued from him.¹⁴Numb. R. 21:11. But what was their wisdom? They [only] spoke up at the proper time, when Moses was busy with the parashah about inheritance (in accordance with Numb. 26:53), “To these shall you apportion the land [for an inheritance].” [So what was their wisdom? That] they said to him, “If we are like a son, let us inherit; but if not, let our mother perform levirate marriage (marry her husband's brother).”¹⁵His duty would be to rear children in the name of the deceased father. On levirate marriage generally, see Deut. 25:5-6: also Gen. 38:8-9; Ruth 4:5. Immediately (in Numb. 27:5), “Moses brought their cause before the Lord.” They were righteous, In that they had never been married to someone unworthy of them. Then why did they meet with Moses now? So that he would not [put on airs] over having abstained from his wife for forty years.¹⁶Since Moses regularly stood in the Divine Presence, he needed to preserve an unbroken state of purity. The Holy One, blessed be He, informed him through these [women], saying, “Here are women who without being commanded [remained unmarried] for forty years, until they were married to someone worthy of them.”

(2) Three things Moses found difficult and the Holy One, blessed be He, showed them to him with a finger and these are them: The making of the menorah, the moon, and creeping things.³⁵Below, Numb. 3:4; Mekhilta, Pisha 2; Men. 29a; PRK 5:15; PR 15:21; Numb. R. 15:4; cf. Sifre to Numb. 8:4 (61); Exod. R. 15:28; Numb. R. 15:10; also below, Numb. 3:11, and the notes there. In the making of the menorah, how [was it]? When Moses ascended [Sinai], the Holy One, blessed be He, was showing him on the mountain how he would make the tabernacle. When He showed him the making of the menorah, Moses found it difficult.³⁶Below, Numb. 3:4. The Holy One, blessed be He, said to him, “See, I am making it before you.” What did the Holy One, blessed be He, do? He showed him white fire, red fire, black fire, and green fire. Then from them He made the menorah, its bowls, its knobs, its blossoms, and the six branches. Then He said to him (in Numb. 8:4), “This is the making of the menorah.” This teaches that the Holy One, blessed be He, showed him with a finger. But nevertheless, [Moses] found it difficult. What did the Holy One, blessed be He, do? He engraved it on the palm of Moses’ hand. He said to him, “Go down and make it just as I have engraved it on your hand.” Thus it is stated (in Exod. 25:40), “Observe and make them [by means of] their pattern.” Even so, he found it difficult and said (in Exod. 25:31), “with difficulty (mqshh)³⁷While this meaning, so understood by the midrash, is possible, a more usual English translation would read, HAMMERED WORK, or something similar. will the menorah be made,” meaning to say, how difficult it was to make. The Holy One, blessed be He, said to him, “Cast the gold into the fire, and it will be made automatically.” So it is stated, “with difficulty will the menorah be made” [be made (a reflexive form, in the niph'al) is what is written, i.e.,] was made of its own accord. This teaches that Moshe had difficulty with the menorah, and the Holy One, blessed be He, showed it to him with a finger, as stated (in Numb. 8:4), “this.” In reference to the moon (yareah), where is it shown [that Moses had difficulty]? (Exod. 12:1-2) “Then the Lord spoke unto Moses…, ‘This month (hodesh) for you.’”³⁸Hodesh also means “new moon.” He said to him, “In the month of Nissan, you will see like this and like that and [you shall] sanctify [it].” This teaches that the Holy One, blessed be He, showed him with a finger. In reference to creeping things, where is it shown? Where it is stated (in Lev. 11:29), “Now this shall be unclean for you from among the swarming things which swarm on the earth.” The Holy One, blessed be He, caught each and every species, showed them to Moses, and said to him, “This you may eat, and this you may not eat.” [Thus it is stated (in Lev. 11:2, 4),] “This is the creature that you may eat …. However this you may not eat.” Moreover, do not be surprised over [this] thing, since it is a fact that the Holy One, blessed be He, showed all creatures to the first Adam, and he gave them names. And where is it shown? Where it is stated (in Gen. 2:19), “and all that man called the soul ….” After he had given names to all of them, the Holy One, blessed be He, said to him, “And I, what is My name?” He said to him, “It is Y____.” Thus it is written (in Is. 42:8), “I am Y____; that is My name,”³⁹Below, Numb. 6:12. this My name, which the first Adam gave Me. It is My name, which I have agreed upon [for use] between Me and My creatures. So if in the case of the first Adam, the Holy One, blessed be He, had the creatures pass before Him; in the case of Moses, when the Holy One, blessed be He, wanted to warn Israel about the unclean and about the clean, are you surprised that He showed him and said to him, “These you may eat, and these you may not eat?” Lest your [evil] drive lead you astray, saying that the Holy One, blessed be He, has forbidden Israel from having good things, the Holy One, blessed be He, said,“Whatever I have forbidden you from having, I have permitted you to have [something] that corresponds to it.⁴⁰Cf. Hul. 109b; Lev. R. 22:10. How is this? I have forbidden you menstrual blood; I have permitted you virginal blood. I have forbidden you [animal] blood; I have permitted you the liver, which is wholly blood. I have forbidden you the flesh of swine; I have permitted you the tongue of a fish with the name shibbuta, which resembles swine.⁴¹According to Jastrow, s.v., a shibbuta was probably a mullet. The Arukh (Plenus Aruch, ed. A. Kohut [Vienna: G. Broeg, 1878–92], s.v.) suggests that the fish here is a sturgeon. In any case shibbuta apparently had a pork taste. So Rashi on Hul. 109a. I have forbidden you [another] man's wife; I have permitted you a man’s divorcee. I have forbidden a gentile woman; I have permitted a beautiful woman [captive]. I have forbidden you a brother's wife; I have permitted her for you after his death, with no children, as stated (in Deut. 25:5), ‘her brother-in-law shall have sexual intercourse with her.’ I have forbidden you mingled seeds, but I have permitted you a sindon⁴²The Greek word, sindon, designates a garment of fine Indian linen. with a woolen fringe.⁴³See Jastrow, s.v., SDYN. I have forbidden you the fat of cattle, but I have permitted you the fat of game animals.” R. Bisna said in the name of R. Hiyya, “What the Holy One, blessed be He, forbade for cattle He permitted for game animals, and what He forbade for game animals He permitted for fowl, and what He forbade for fowl He permitted for fish. How? He forbade the fat in the case of cattle; He permitted it in the case of game animals. He forbade the thigh muscle in the case of game animals; He permitted it in the case of fowl. He forbade blood in the case of fowl; He permitted it in the case of fish. And why all this? In order to give Israel a good reward for observing the commandments.” Ergo, it states (II Sam. 22:31 = Ps. 18:31) “As for God, His way is perfect…”; for all the ways of the Holy One, blessed be He, are perfect.⁴⁴Gen. R. 44:1; cf. Lev. R. 13:3. And likewise, what does the Holy One, blessed be He, care whether one ritually slaughters cattle and eats [the meat] or whether one slaughters cattle by stabbing and eats it? Will some such thing benefit Him (i.e., the Holy One, blessed be He,) or harm Him? Or what does He care whether one eats carcasses or eats what is clean? Solomon said [about this] (in Prov. 9:12), “If you are wise, you are wise for yourself; [and if you scoff, you will bear it alone].” Thus, the commandments were given only to purify (rt.: tsrp) [mortals] through them, as stated (in II Sam. 22:31 = Ps. 18:31, cont.), “the word of the Lord is pure (rt.: tsrp).” Why? So that He might be a shield over you, [as stated] (ibid., cont.), “He is a shield for all who take refuge in Him.” Ergo (in Lev. 11:2:), “These are the creatures [that you may eat].”

(1) The commandment of eating the remainders of the meal-offering: That the priests were commanded to eat the remainders of the meal-offerings - meaning to say after they separated from it that which they would offer on the altar, they would eat all the rest, as it is stated (Leviticus 6:9), "What is left of it shall be eaten by Aharon and his sons; as matsahs shall it be eaten, etc." And the language of Sifra, Tzav 2:9 is "'As matsahs shall it be eaten' is a commadmeent; 'her levirate husband shall have sexual relations with her' (Deuteronomy 25:5) is a commandment" - meaning to say that both of them are positive commandments, not optional.

(1) That a levirate wife not marry another until she is released: That every man of Israel is prevented from having intercourse with the levirate wife while she is still bound with the levirate husband. And about this was it stated (Deuteronomy 25:5), "the wife of the deceased shall not be married to a stranger, outside the family; the levirate husband shall have intercourse with her."

(1) The commandment of levirate marriage: That one whose brother died and did not leave children was commanded to take the wife of his dead brother as a wife. And this is what is called yibum in the Torah and [in] the words of our rabbis, may their memory be blessed. And about this was it stated (Deuteronomy 25:5), "the levirate husband shall have intercourse with her, etc."

(1) The commandment of release (chalitsah): That we have been commanded (see Sefer HaMitzvot LaRambam, Mitzvot Ase 217) that the levirate wife removes the shoe of the levirate husband from upon his foot when he does not want to marry her as a wife. And about this is it stated (Deuteronomy 25:9), "and she removes the shoe from upon his foot."

(1) Meanwhile, Boaz had gone to the gate and sat down there. And now the redeemer whom Boaz had mentioned passed by. He called, “Come over and sit down here, So-and-so!” And he came over and sat down. (2) Then [Boaz] took ten elders of the town and said, “Be seated here”; and they sat down. (3) He said to the redeemer, “Naomi, now returned from the country of Moab, must sell the piece of land which belonged to our kinsman Elimelech. (4) I thought I should disclose the matter to you and say: Acquire it in the presence of those seated here and in the presence of the elders of my people. If you are willing to redeem it, redeem! But if you will not redeem, tell me, that I may know. For there is no one to redeem but you, and I come after you.” “I am willing to redeem it,” he replied. (5) Boaz continued, “When you acquire the property from Naomi and from Ruth the Moabite, you must also acquire the wife of the deceased, so as to perpetuate the name of the deceased upon his estate.” (6) The redeemer replied, “Then I cannot redeem it for myself, lest I impair my own estate. You take over my right of redemption, for I am unable to exercise it.” (7) Now this was formerly done in Israel in cases of redemption or exchange: to validate any transaction, one man would take off his sandal and hand it to the other. Such was the practice in Israel. (8) So when the redeemer said to Boaz, “Acquire for yourself,” he drew off his sandal. (9) And Boaz said to the elders and to the rest of the people, “You are witnesses today that I am acquiring from Naomi all that belonged to Elimelech and all that belonged to Chilion and Mahlon. (10) I am also acquiring Ruth the Moabite, the wife of Mahlon, as my wife, so as to perpetuate the name of the deceased upon his estate, that the name of the deceased may not disappear from among his kinsmen and from the gate of his home town. You are witnesses today.” (11) All the people at the gate and the elders answered, “We are. May the LORD make the woman who is coming into your house like Rachel and Leah, both of whom built up the House of Israel! Prosper in Ephrathah and perpetuate your name in Bethlehem! (12) And may your house be like the house of Perez whom Tamar bore to Judah—through the offspring which the LORD will give you by this young woman.” (13) So Boaz married Ruth; she became his wife, and he cohabited with her. The LORD let her conceive, and she bore a son. (14) And the women said to Naomi, “Blessed be the LORD, who has not withheld a redeemer from you today! May his name be perpetuated in Israel! (15) He will renew your life and sustain your old age; for he is born of your daughter-in-law, who loves you and is better to you than seven sons.” (16) Naomi took the child and held it to her bosom. She became its foster mother, (17) and the women neighbors gave him a name, saying, “A son is born to Naomi!” They named him Obed; he was the father of Jesse, father of David.