Is Holiness of God's Law To Above Our Sense of Morality?

If anyone kills any human being, he shall be put to death.

One who kills a beast shall make restitution for it: life for life.

If anyone maims his fellow, as he has done so shall it be done to him:

fracture for fracture, eye for eye, tooth for tooth. The injury he inflicted on another shall be inflicted on him.

One who kills a beast shall make restitution for it; but one who kills a human being shall be put to death.

You shall have one standard for stranger and citizen alike: for I the LORD am your God.

So, too, if it gores a minor, male or female, [the owner] shall be dealt with according to the same rule.

Similarly, Rabbi Yoḥanan said: Even if the Torah had not been given, we would nonetheless have learned modesty from the cat, which covers its excrement, and that stealing is objectionable from the ant, which does not take grain from another ant, and forbidden relations from the dove, which is faithful to its partner, and proper relations from the rooster, which first appeases the hen and then mates with it.

He continued to ask: Why is the grasshopper’s antenna soft? He answered: Because it lives in the plains among the grass, and if the antenna were hard it would break and the grasshopper would go blind. When the grasshopper loses its antenna it is unable to move, as Shmuel said: One who seeks to blind a grasshopper should remove its antenna. And he asked: Why does the chicken’s lower eyelid cover the upper one? He answered: Because a chicken lives on rafters in houses, and if the smoke from the houses were to enter its eyes without the protection of the eyelid, it would go blind. He asked further: Why is a door called dasha in Aramaic? He said to him: It is an acronym for derekh sham, which means through there. Why is a stair called darga? He said to him: It is an acronym for derekh gag, which means the way to the roof. Why are spices called mitkolita? He said to him: It is an acronym for matai tikhleh da, which means when will this be finished. Since spices are used sparingly, they last a long time. Why is a house called beita? He said to him: It is an acronym for bo ve’eitiv ba, which means come and I will sit in it. Why is a small house called bikta? He said to him: It is an acronym for bei akta, which means a narrow house.

Ben Zoma says: Who is the wise one? He who learns from every peron, as it says, "I have acquired understanding from all my teachers" (Psalms 119:99). Who is the mighty one? He who conquers his desire, as it says, "slowness to anger is better than a mighty person." (Proverbs 16:32). Who is the rich one? He who is happy with his lot, as it says, "When you eat [from] the work of your hands, you will be happy, and it will be well with you" (Psalms 128:2). "You will be happy" in this world, and "it will be well with you" in the world to come. Who is honored? He who honors the created beings, as it says, "For, those who honor Me, I will honor; and those who despise me will be held in little esteem" (I Samuel 2:30).

Ben Zoma said:Who is wise? He who learns from every man, as it is said: “From all who taught me have I gained understanding” (Psalms 119:99). Who is mighty? He who subdues his [evil] inclination, as it is said: “He that is slow to anger is better than the mighty; and he that rules his spirit than he that takes a city” (Proverbs 16:32). Who is rich? He who rejoices in his lot, as it is said: “You shall enjoy the fruit of your labors, you shall be happy and you shall prosper” (Psalms 128:2) “You shall be happy” in this world, “and you shall prosper” in the world to come. Who is he that is honored? He who honors his fellow human beings as it is said: “For I honor those that honor Me, but those who spurn Me shall be dishonored” (I Samuel 2:30).

I have gained more insight than all my teachers,
for Your decrees are my study.

Rabbi Elazar ben Azariah said: Where there is no Torah, there is no right conduct; where there is no right conduct, there is no Torah. Where there is no wisdom there is no fear of God; where there is no fear of God, there is no wisdom. Where there is no understanding, there is no knowledge; where there is no knowledge, there is no understanding. Where there is no bread, there is no Torah; where there is no Torah, there is no bread. He used to say: one whose wisdom exceeds his deeds, to what may he be compared? To a tree whose branches are numerous but whose roots are few, so that when the wind comes, it uproots it and overturns it, as it is said, “He shall be like a bush in the desert, which does not sense the coming of good. It is set in the scorched places of the wilderness, in a barren land without inhabitant” (Jeremiah 17:6). But one whose deeds exceed his wisdom, to what may he be compared? To a tree whose branches are few but roots are many, so that even if all the winds in the world come and blow upon it, they cannot move it out of its place, as it is said, “He shall be like a tree planted by waters, sending forth its roots by a stream. It does not sense the coming of heat, its leaves are ever fresh. It has no care in a year of drought; it does not cease to yield fruit” (ibid, 17:8).

Rabbi Hanina ben Dosa would say: Anyone whose fear of sin precedes his wisdom, his wisdom will endure, as it says (Psalms 111:10), “The beginning of wisdom is fear of the Eternal.” He would also say: Anyone whose actions are greater [than his wisdom, his wisdom will endure], as it says (Exodus 24:7), “We will do, and then we will understand.”
They asked Rabban Yohanan ben Zakkai: A wise person who fears sin – what is he like? He replied: Like a craftsman with his tool in hand. Then they asked: A wise person who does not fear sin – what is he like? He replied: Like a craftsman who does not have his tool in hand. Then they asked: A person who fears sin but is not wise – what is he like? He replied: Like someone who does not know the craft, but has a tool in his hand.
Rabbi Elazar ben Azariah would say: If there is no Torah, there is no common decency. [If there is no common decency, there is no Torah.] He would also say: A person who has done good deeds, and has learned a lot of Torah – what is he like? Like a tree that stands near the water, whose branches are small, but whose roots are so strong that even if the four winds of the world all came and blew at it, it could not be moved from its place, as it says (Psalms 1:3), “He is like a tree planted by (streams of) water.” But a person who has not done good deeds and studies Torah, what is he like? Like a tree that stands in the desert, with small branches and small roots, and when a wind comes and blows at it, it uproots it and flips it over on its top, as it says (Jeremiah 17:6), “You will be like a bush in the desert.”
Rabban Gamliel would say: Make for yourself a teacher. Acquire for yourself a friend. A teacher for wisdom and a friend to study with. Remove yourself from all doubts, and do not get used to tithing by estimation.

One who injures another is liable to pay compensation for that injury due to five types of indemnity: He must pay for damage, for pain, for medical costs, for loss of livelihood, and for humiliation.How is payment for damage assessed? If one blinded another’s eye, severed his hand, broke his leg, or caused any other injury, the court views the injured party as though he were a slave being sold in the slave market, and the court appraises how much he was worth before the injury and how much he is worth after the injury. The difference between these two sums is the amount that one must pay for causing damage. How is payment for pain assessed? If one burned another with a skewer [beshapud] or with a hot nail, or even if one burned another on his fingernail, which is a place where he does not cause a bruise that would affect the victim’s value on the slave market, the court evaluates how much money a person with a similar threshold for pain as the victim is willing to take in order to be made to suffer in this way. The one who burned the victim must then pay this amount. How is payment for medical costs assessed? If one struck another, then he is liable to heal him by paying for his medical costs. In a case where growths, e.g., blisters or rashes, appeared on the injured party, if the growths are due to the blow, the one who struck him is liable; if the growths are not due to the blow, the one who struck him is exempt. In a case where the wound healed, and then reopened, and again healed, and then reopened, the one who struck him remains liable to heal the injured party by paying for his medical costs, as it is apparent that the current wound resulted from the original injury. If the injury healed fully, the one who struck him is not liable to heal him by paying for any subsequent medical costs. How is payment for loss of livelihood assessed? The court views the injured party as though he were a watchman of cucumbers, and the one who caused him injury must compensate him based on that pay scale for the income that he lost during his convalescence. This indemnity does not take into account the value of the standard wages of the injured party because the one who caused him injury already gave him compensation for his hand or compensation for his leg, and that compensation took into account his professional skills. How is payment for humiliation assessed? It all depends on the stature of the one who humiliates the other and the one who is humiliated.One who humiliates a naked person, or one who humiliates a blind person, or one who humiliates a sleeping person is liable, but a sleeping person who humiliates another is exempt. If one fell from the roof onto another person, and thereby caused him damage and humiliated him, then the one who fell is liable for the indemnity of damage, since a person is always considered forewarned, and exempt from the indemnity of humiliation, as it is stated: “and putting out her hand, she takes hold of his private parts” (Deuteronomy 25:11); a person is not liable for humiliation unless he intends to humiliate the other person.

GEMARA: The Gemara asks: Why does the mishna take for granted the fact that one who caused injury is liable to pay compensation to the injured party? The Merciful One states in the Torah: “An eye for an eye” (Exodus 21:24). You might say that this means that the one who caused injury shall lose an actual eye rather than pay money.

The mishna continues: The mitzva to establish a Sanhedrin with the authority to administer capital punishments is in effect both in Eretz Yisrael and outside Eretz Yisrael. A Sanhedrin that executes a transgressor once in seven years is characterized as a destructive tribunal. Since the Sanhedrin would subject the testimony to exacting scrutiny, it was extremely rare for a defendant to be executed. Rabbi Elazar ben Azarya says: This categorization applies to a Sanhedrin that executes a transgressor once in seventy years. Rabbi Tarfon and Rabbi Akiva say: If we had been members of the Sanhedrin, we would have conducted trials in a manner whereby no person would have ever been executed. Rabban Shimon ben Gamliel says: In adopting that approach, they too would increase the number of murderers among the Jewish people. The death penalty would lose its deterrent value, as all potential murderers would know that no one is ever executed.

The mishna teaches that Rabbi Tarfon and Rabbi Akiva say: If we had been members of the Sanhedrin, we would have conducted the trials in a manner where no person would have ever been executed. The Gemara asks: How would they have acted to spare the accused from execution if witnesses testified that he intentionally committed murder? Rabbi Yoḥanan and Rabbi Elazar both say that they would have asked the witnesses: Did you see whether the accused killed a tereifa, i.e., a person with a condition that would lead to his death within twelve months, or if he killed someone who was intact? The halakhic status of a tereifa is like that of one who is dead, in the sense that one who kills him is not executed. Since no witness can be certain with regard to the victim’s physical condition, they would invalidate any testimony to a murder.

Rav Ashi said: Even if you say that they examined him postmortem and he was intact the testimony could be challenged, as perhaps in the place that the sword pierced the victim’s body there was a perforation in one of the organs that renders the person a tereifa, but which was rendered undetectable by the wound caused by the sword.

The Gemara asks: In accordance with whose opinion is that which is taught in a baraita: There has never been a stubborn and rebellious son and there will never be one in the future, as it is impossible to fulfill all the requirements that must be met in order to apply this halakha. And why, then, was the passage relating to a stubborn and rebellious son written in the Torah? So that you may expound upon new understandings of the Torah and receive reward for your learning, this being an aspect of the Torah that has only theoretical value. In accordance with whose opinion is this? It is in accordance with the opinion of Rabbi Yehuda, who requires that the parents have certain identical characteristics, making it virtually impossible to apply the halakha.

Rather, Rabbi Yehuda is saying that the boy’s mother must be identical to his father in several aspects. The Gemara comments: This is also taught in a baraita: Rabbi Yehuda says: If his mother was not identical to his father in voice, appearance, and height, he does not become a stubborn and rebellious son. The Gemara asks: What is the reason for this? As the verse states: “He will not obey our voices [kolenu]” (Deuteronomy 21:20), which indicates that they both have the same voice. And since we require that they be identical in voice, we also require that they be identical in appearance and height.

The Gemara raises a similar question: In accordance with whose opinion is that which is taught in a baraita: There has never been an idolatrous city and there will never be one in the future, as it is virtually impossible to fulfill all the requirements that must be met in order to apply this halakha. And why, then, was the passage relating to an idolatrous city written in the Torah? So that you may expound upon new understandings of the Torah and receive reward for your learning. In accordance with whose opinion is this? It is in accordance with the opinion of Rabbi Eliezer, as it is taught in a baraita that Rabbi Eliezer says: Any city that has even one mezuza or any other sacred scroll cannot become an idolatrous city. It is difficult to imagine an entire city without even one mezuza.

The Gemara asks: In accordance with whose opinion is that which is taught in a baraita: There has never been a stubborn and rebellious son and there will never be one in the future, as it is impossible to fulfill all the requirements that must be met in order to apply this halakha. And why, then, was the passage relating to a stubborn and rebellious son written in the Torah? So that you may expound upon new understandings of the Torah and receive reward for your learning, this being an aspect of the Torah that has only theoretical value. In accordance with whose opinion is this? It is in accordance with the opinion of Rabbi Yehuda, who requires that the parents have certain identical characteristics, making it virtually impossible to apply the halakha.

Rather, Rabbi Yehuda is saying that the boy’s mother must be identical to his father in several aspects. The Gemara comments: This is also taught in a baraita: Rabbi Yehuda says: If his mother was not identical to his father in voice, appearance, and height, he does not become a stubborn and rebellious son. The Gemara asks: What is the reason for this? As the verse states: “He will not obey our voices [kolenu]” (Deuteronomy 21:20), which indicates that they both have the same voice. And since we require that they be identical in voice, we also require that they be identical in appearance and height.

If you wish, say instead that this baraitais in accordance with the opinion of Rabbi Shimon. As it is taught in a baraita that Rabbi Shimon says: And is it simply due to the fact that the boy ate a tarteimar of meat and drank a half-log of Italian wine that his father and his mother shall take him out to stone him? Rather, there has never been a stubborn and rebellious son and there will never be one in the future. And why, then, was the passage relating to a stubborn and rebellious son written in the Torah? So that you may expound upon new understandings of the Torah and receive reward for your learning. Rabbi Yonatan says: This is not so, as I saw one. I was once in a place where a stubborn and rebellious son was condemned to death, and I even sat on his grave after he was executed.

The Gemara raises a similar question: In accordance with whose opinion is that which is taught in a baraita: There has never been an idolatrous city and there will never be one in the future, as it is virtually impossible to fulfill all the requirements that must be met in order to apply this halakha. And why, then, was the passage relating to an idolatrous city written in the Torah? So that you may expound upon new understandings of the Torah and receive reward for your learning. In accordance with whose opinion is this? It is in accordance with the opinion of Rabbi Eliezer, as it is taught in a baraita that Rabbi Eliezer says: Any city that has even one mezuza or any other sacred scroll cannot become an idolatrous city. It is difficult to imagine an entire city without even one mezuza.

The Gemara asks: What is the reason that a city that has even one mezuza cannot become an idolatrous city? The Gemara answers: The verse states: “And you shall gather all the spoil of it into the midst of the open space of the city, and shall burn with fire both the city and the entire plunder taken in it” (Deuteronomy 13:17). And since if there is a mezuza there it is impossible to burn all the contents of the city, as it is written: “And you shall overthrow their altars, and break their pillars, and burn their asherim with fire…This you shall not do so to the Lord your God” (Deuteronomy 12:3–4). It is derived from this verse that it is prohibited to destroy a sacred item such as a mezuza. Therefore, in a city that has even one mezuza, it is impossible to fulfill the halakhot of an idolatrous city, as not all of its contents may be burned. Rabbi Yonatan says: This is not so, as I once saw an idolatrous city that was condemned to destruction, and I even sat on its ruins.

When you take the field against your enemies, and the LORD your God delivers them into your power and you take some of them captive, and you see among the captives a beautiful woman and you desire her and would take her to wife, you shall bring her into your house, and she shall trim her hair, pare her nails, and discard her captive’s garb. She shall spend a month’s time in your house lamenting her father and mother; after that you may come to her and possess her, and she shall be your wife. Then, should you no longer want her, you must release her outright. You must not sell her for money: since you had your will of her, you must not enslave her.

It is a Positive Commandment to exterminate the Seven Nations, as it says, “surely, you shall destroy them” (Deut. 20:17). Anyone who comes across any of these nations and fails to kill them violates a Negative Commandment, as it says, “you shall not keep alive any soul” (Deut. 20:16). Nonetheless, they have already all been destroyed and their memory forgotten.

It is a Positive Commandment to obliterate Amalek, as it says, “erase the memory of Amalek” (Deut. 28:19). It is a Positive Commandment to perpetually remember their wicked deeds and their ambush in order to arouse our enmity against them, as it says, “remember what Amalek did to you” (Deut. 25:17). By Tradition we have learned that “remember” means by speech, “do not forget” (Deut. 25:19) – in one’s heart; for it is forbidden to forget their enmity and hatred.

War is not conducted against anyone in the world until they are first offered peace (and refuse it), whether this is a Discretionary War or a War of Mitzvoh, as it says, “when you come close to the city to fight with it, you shall call to it to make peace” (Deut. 20:10). If they make peace and accept the Seven Commandments incumbent upon the Sons of Noah (Gentiles), none of them are killed, but they must pay us tribute, as it says, “and they shall be for you a tributary, and they shall serve you” (Deut. 20:11). If they propose to accept upon themselves the payment of the tribute but not servitude to us or they accept servitude but not the tribute, we ignore their proposal until they accept both. The servitude referred to here is one of disgrace and is demeaning. They are not to raise their heads up to Israel for any reason. They must be subjugated to us and may never be assigned to a Position over us. The tribute they must pay shall be for service of the king, with their bodies and their money, such as the building of the walls and the strengthening of fortresses and the building of the royal palace and similar, as it says, “And this is the account of the levy which King Solomon raised to build the Temple of G-d, and his palace, and Milo, and the wall of Jerusalem…and all the store-cities which Solomon had…the Emorites who remained…and Solomon imposed a head-tax, until this very day. And of the Children of Israel, Solomon made none a bondsman; but they were the soldiers and his servants and his officers and his captains and those in charge of his chariots and his horsemen” (I Kings 9:15-22).

The king may make a deal with them that he can take half of their money or land and leave all their moveable goods or take their moveable goods and leave their lands. This is all in accordance with whatever arrangement he makes with them.

It is forbidden for us to lie to them in their peace treaty or deceive them after they have made peace and have accepted the Seven Commandments.

If they do not come to peaceful terms or they make peace but do not accept the Seven Commandments, we engage in war against them and slay all their adult males. We take all their money and children as spoils. We do not kill the women or minors, as it says, “the women and the children” (see Deut. 20:14 and 2:34) which means the male children. To what do we refer? To a Discretionary War with one of the other nations. However, with one of the Seven Nations or with Amalek who do not make peace, we leave no soul alive, as it says, “so you shall do with everyone…only of the cities of the nations…do not leave alive any soul” (Deut. 20:15-16), and regarding Amalek it says, “erase the memory of Amalek” (Deut. 25:19). How do we know that this is referring to those who do not make peace with us? For it says, “there was no city which came to peace with the Children of Israel except the Chivites, dwellers of Givon. Everything, they took in the war. For from G-d their hearts were strengthened to the call of war with Israel, so that they may be destroyed.” (Joshua 11:19-20). They were offered peace, and refused.

Joshua dispatched three communiqués before entering the Land. The first one he sent read, “Whoever wishes to flee, may flee”. The next read, “Whoever wishes to make peace, let him make peace”. The next read, “Whoever wishes to make war, make war”. If so, why did the residents of Givon go and deceive us? He had sent the (first) letter to them, and they did not accept it. Being unaware of the Laws of Israel, they thought that we won’t again be offering them peace. So, why was this matter difficult for the Heads, and they saw that it would have been proper to smite them by sword were it not for the oath? Because they made a treaty with them, and it says, “make no peace treaty with them” (Deut. 7:2). Thus, their verdict was that they were to be serfs. Now, since we, in error, made an oath with them, by law, they should have been killed because they deceived us, were it not for the disgrace doing so would have caused to G-d’s Name.

We do not extend offers of peace neither to Ammon nor to Moab, as it says, “do not seek as to their peace or their prosperity all your days” (Deut. 23:7). Our Sages have said that from what it says, “and you shall call upon her (the city) to peace” (Deut. 20:10) we might have thought that we can offer Ammon and Moab peace, were it not to say “do not seek their peace”. From the phrase, “With you he shall dwell…and you shall not wrong him” (Deut. 23:17) one would think that we can offer peace to Ammon and Moab. However, from the phrase, “and for their prosperity” we learn that although we do not offer them peace if they, on their own, make peace, we accept them.

When we besiege a city which we want to capture, we do not encircle it from all four sides, but only on three. We leave one side open for them to flee. Anyone who wishes to escape with his life may so do, as it says, “and you shall deploy against Midian, as G-d had commanded Moses” (Numbers 31:7). By Tradition we have learned that this is what was meant.

Fruit-bearing trees must not be cut down outside of the city nor do we block their irrigation water causing the trees to dry up, as it says, “do not destroy her trees” (Deut. 20:19). Anyone who cuts down a tree receives lashes. This is not only at times of a siege, but anyone at anytime who chops down a fruit-bearing tree by for destructive purposes receives stripes. The tree may be cut down if it is damaging other trees or it is damaging another’s field, or because the tree is more valuable for its wood than its fruit. The Torah only forbids wanton destruction.

It is permitted to cut down a non-fruit-bearing tree even if the tree itself is not needed. Similarly, an old fruit-bear tree which only produces a small yield and is not worth the effort to maintain can be cut down. And how much olive yield must an olive tree produce for it not to be cut down? A quarter of a Kav of olives. A palm tree which produces a Kav of dates may not be cut down.

And not only regarding trees, but even one who destructively breaks vessels or rips up clothing or tears down a building or seals up a spring or wastes food violates the Negative Commandment of “Do not destroy”. However, he only receives stripes for disobedience, in accordance with the Rabbis.

We may encamp anywhere. One who is killed in battle is buried wherever he falls, for he acquires that spot, as would a Meis Mitzvoh.

It is forbidden to relieve oneself within the camp or just anywhere in the field. Rather, it is a Positive Commandment to set up a latrine where the people may go and relieve themselves, as it says, “and you shall have a place outside of the camp” (Deut. 23:13).

Similarly, it is a Positive Commandment that everyone carries a shovel along with the rest of his weaponry so that when he goes to the latrine he can dig a hole where to relieve himself and cover over with soil, as it says, “you must have a shovel with you, with your weaponry” (Deut. 23:14). This must always be done whether the Holy Ark is with them or not, as it says, “and your camp shall be holy” (Deut. 23:15).

"What man is there who is fearful and is faint-hearted" (Deut. 20:8)? Exactly so. This is one whose heart has no strength to withstand the strains of war. Now, once one becomes entangled with the perplexities of war, he should trust the Hope of Israel, and He will save him in times of trouble. He should know he is doing battle for the unity of the Name. He should place his life in His Hands and neither be afraid nor alarmed. He should not think about his wife or his children. Rather, he should wipe away thoughts of them from his heart, and clear himself of everything for the war. Anyone who thinks about or contemplates (matters) during the battle and frightens himself violates a Negative Commandment, as it says, “do not be faint of heart, nor be alarmed, do not flee, and be not frightened before them” (Deut. 20:3). And not only that, but all the blood of Israel hangs around his neck. If he did not win and did not fight the battle with all his heart and soul, he is like one who spills everyone’s blood, as it says, “lest he not melt his brothers’ hearts as has his” (Deut. 20:8). It is explicitly stated in the Tradition that, “Cursed be he who does the work of G-d sluggishly, and cursed be he who keeps back his sword from blood” (Jeremiah 48:10). However, anyone who does fight with all his heart without fear, and his intentions are only to Sanctify the Name, is promised that he will not be harmed and nothing bad will happen to him. He will build an upright home in Israel, and he and his children will earn merit forever, and merit The World To Come, as it says, “certainly, G-d shall make for my master a faithful house, for the wars of G-d does my master fight and no evil will be found with you all your days…And the soul of my master will be bound with the living, with the Lord your G-d…” (I Samuel 25:28-29).

Those courageous soldiers (or front-line troops) who cross the borders into non-Jewish lands, capture them and take prisoners are permitted to eat non-Kosher meats, swine and so on, if they are hungry and could not find anything to eat except for these forbidden foods. They may also drink wine offered in the service of idolatry. By Tradition we have learned that “houses filled with all good” (Deut. 6:11) means beheaded boar, and the like.

Similarly, one may have sexual intercourse with a non-Jewish woman if his lust gets the better of him. But, he must not just have intercourse with her and go. Rather, he must take her home, as it says, “and when you see a Woman of Beauty among the captives” (Deut. 21:11). He may not have intercourse with her a second time until he marries her.

The Woman of Beauty is permitted only in the hour of capture, as it says, “and you see her among the captives” (Deut. 21:11). This is applicable whether or not she is a virgin. Even if she is a married woman this Law applies since there is no concept of forbidden interpersonal relationships among the non-Jews. From “And you desire her” (ibid.) we learn - even if she is not pretty; from “unto her” (ibid.) we learn - and not with her friend, for you may not have relations with a second one; from “and you shall take her as a wife” (ibid.) we learn - you may not take two and have relations with one and leave the other for your father or brother. From where do we know that we do not coerce her (to have relations) during the war, as it says, “and you shall bring her home” (Deut. 21:12). He must take her back to the city and only then he may have relations with her.

A Kohen, too, is permitted to have this one-time intercourse with a Woman of Beauty, for the Torah only permitted this to appease the (Evil) Inclination. But he may not marry her afterwards because she will then be a convert.

What are the details of the Jewish Law of the Woman of Beauty? (Even) after he has had the first intercourse with her, she still remains a non-Jewess. Now, if she accepts upon herself the Wings of the Shechinoh (Holy Presence), she immediately immerses in a Mikveh for purposes of conversion. If she does not wish to do accept this, she sits in his house for thirty days, as it says, “and she cries for her father and mother, for a month of days” (Deut. 21:13). He does not prevent her from weeping for her religion. She grows her fingernails long and shaves her head so that she will appear despicable in his eyes. She is to remain in the house with him. When he comes in, he sees her, and when he leaves, he sees her. This is done so that he will come to loathe her. He discusses matters with her in order to induce her to convert for thirty days. If she accepts and he still wants her, she converts and immerses, as do all converts.

In all, she must wait three months: one month of wailing, and two months thereafter. He then may marry her with a Kesuba (marriage contract) and Kiddushin (sanctification). If he does not want her, he releases her on her own. If he sells her, he violates the Negative Commandment “and you may not sell her for money, you shall not deal with her as a slave, because you have humbled her” (Deut. 21:14). The sale is invalid and he must return the money. If he first had relations with her and then seized her for the purposes of making her a maidservant, once he uses her as such, he violates a Negative Precept, as it says, “you shall not deal with her as a slave” (Deut. 21:14), that is, he must not have her serve him.

If (at first) she does not want to convert, (we) talk with her repeatedly for twelve months. If she still doesn’t want to (fully) convert, she may accept the Seven Noahide commandments, and he sends her away on her own. She then has the same status as any other Resident Convert. He cannot marry her, for we cannot marry anyone who has not fully converted.

If she became pregnant from their first intercourse, the child is a convert. However, it is not the father’s child in every respect, since the mother was a non-Jewess. However, the Court immerses the child with (without?) their consent. Tamar was born from a first intercourse with a Woman of Beauty, while Avshalom was born after the wedding. Thus Tamar was (Halochically) Avshalom’s sister on their mother’s side (only) and she was permitted to marry Amnon, as it says, “now speak with the king, for he will not withhold me from you.” (II Samuel 13:13).

A Woman of Beauty who does not want to forsake (her) idolatry after the twelve months is executed. Similarly, we do not make a treaty with a city which came and made peace with us until they completely relinquish their idolatry, destroy its places, and accept the rest of the Commandments commanded of the Sons of Noah. For any non-Jew who is under our jurisdiction and fails to accept the Noahide Commandments is executed.

War is not conducted against anyone in the world until they are first offered peace (and refuse it), whether this is a Discretionary War or a War of Mitzvoh, as it says, “when you come close to the city to fight with it, you shall call to it to make peace” (Deut. 20:10). If they make peace and accept the Seven Commandments incumbent upon the Sons of Noah (Gentiles), none of them are killed, but they must pay us tribute, as it says, “and they shall be for you a tributary, and they shall serve you” (Deut. 20:11). If they propose to accept upon themselves the payment of the tribute but not servitude to us or they accept servitude but not the tribute, we ignore their proposal until they accept both. The servitude referred to here is one of disgrace and is demeaning. They are not to raise their heads up to Israel for any reason. They must be subjugated to us and may never be assigned to a Position over us. The tribute they must pay shall be for service of the king, with their bodies and their money, such as the building of the walls and the strengthening of fortresses and the building of the royal palace and similar, as it says, “And this is the account of the levy which King Solomon raised to build the Temple of G-d, and his palace, and Milo, and the wall of Jerusalem…and all the store-cities which Solomon had…the Emorites who remained…and Solomon imposed a head-tax, until this very day. And of the Children of Israel, Solomon made none a bondsman; but they were the soldiers and his servants and his officers and his captains and those in charge of his chariots and his horsemen” (I Kings 9:15-22).

(18) If a man has a wayward and defiant son, who does not heed his father or mother and does not obey them even after they discipline him,(19) his father and mother shall take hold of him and bring him out to the elders of his town at the public place of his community.(20) They shall say to the elders of his town, “This son of ours is disloyal and defiant; he does not heed us. He is a glutton and a drunkard.”(21) Thereupon the men of his town shall stone him to death. Thus you will sweep out evil from your midst: all Israel will hear and be afraid.

It is a Positive Commandment to obliterate Amalek, as it says, “erase the memory of Amalek” (Deut. 28:19). It is a Positive Commandment to perpetually remember their wicked deeds and their ambush in order to arouse our enmity against them, as it says, “remember what Amalek did to you” (Deut. 25:17). By Tradition we have learned that “remember” means by speech, “do not forget” (Deut. 25:19) – in one’s heart; for it is forbidden to forget their enmity and hatred.

Samuel said to Saul, “I am the one the LORD sent to anoint you king over His people Israel. Therefore, listen to the LORD’s command! “Thus said the LORD of Hosts: I am exacting the penalty for what Amalek did to Israel, for the assault he made upon them on the road, on their way up from Egypt. Now go, attack Amalek, and proscribe all that belongs to him. Spare no one, but kill alike men and women, infants and sucklings, oxen and sheep, camels and asses!” Saul mustered the troops and enrolled them at Telaim: 200,000 men on foot, and 10,000 men of Judah. Then Saul advanced as far as the city of Amalek and lay in wait^-b in the wadi. Saul said to the Kenites, “Come, withdraw at once from among the Amalekites, that I may not destroy you along with them; for you showed kindness to all the Israelites when they left Egypt.” So the Kenites withdrew from among the Amalekites. Saul destroyed Amalek from Havilah all the way to Shur, which is close to Egypt, and he captured King Agag of Amalek alive. He proscribed all the people, putting them to the sword; but Saul and the troops spared Agag and the best of the sheep, the oxen, the second-born, the lambs, and all else that was of value. They would not proscribe them; they proscribed only what was cheap and worthless.^-b The word of the LORD then came to Samuel: “I regret that I made Saul king, for he has turned away from Me and has not carried out My commands.” Samuel was distressed and he entreated the LORD all night long. Early in the morning Samuel went to meet Saul. Samuel was told, “Saul went to Carmel, where he erected a monument for himself; then he left and went on down to Gilgal.” When Samuel came to Saul, Saul said to him, “Blessed are you of the LORD! I have fulfilled the LORD’s command.” “Then what,” demanded Samuel, “is this bleating of sheep in my ears, and the lowing of oxen that I hear?” Saul answered, “They were brought from the Amalekites, for the troops spared the choicest of the sheep and oxen for sacrificing to the LORD your God. And we proscribed the rest.” Samuel said to Saul, “Stop! Let me tell you what the LORD said to me last night!” “Speak,” he replied. And Samuel said, “You may look small to yourself, but you are the head of the tribes of Israel. The LORD anointed you king over Israel, and the LORD sent you on a mission, saying, ‘Go and proscribe the sinful Amalekites; make war on them until you have exterminated them.’ Why did you disobey the LORD and swoop down on the spoil in defiance of the LORD’s will?”^-d Saul said to Samuel, “But I did obey the LORD! I performed the mission on which the LORD sent me: I captured King Agag of Amalek, and I proscribed Amalek, and the troops took from the spoil some sheep and oxen—the best of what had been proscribed—to sacrifice to the LORD your God at Gilgal.” But Samuel said:
“Does the LORD delight in burnt offerings and sacrifices
As much as in obedience to the LORD’s command?
Surely, obedience is better than sacrifice,
Compliance than the fat of rams. For rebellion is like the sin of divination,
Defiance, like the iniquity of teraphim.
Because you rejected the LORD’s command,
He has rejected you as king.” Saul said to Samuel, “I did wrong to transgress the LORD’s command and your instructions; but I was afraid of the troops and I yielded to them. Please, forgive my offense and come back with me, and I will bow low to the LORD.” But Samuel said to Saul, “I will not go back with you; for you have rejected the LORD’s command, and the LORD has rejected you as king over Israel.” As Samuel turned to leave, Saul seized the corner of his robe, and it tore. And Samuel said to him, “The LORD has this day torn the kingship over Israel away from you and has given it to another who is worthier than you. Moreover, the Glory of Israel does not deceive or change His mind, for He is not human that He should change His mind.” But [Saul] pleaded, “I did wrong. Please, honor me in the presence of the elders of my people and in the presence of Israel, and come back with me until I have bowed low to the LORD your God.” So Samuel followed Saul back, and Saul bowed low to the LORD. Samuel said, “Bring forward to me King Agag of Amalek.” Agag approached him with faltering steps;^-f and Agag said, “Ah, bitter death is at hand!” Samuel said:
“As your sword has bereaved women,
So shall your mother be bereaved among women.”
And Samuel cut Agag down^-b before the LORD at Gilgal. Samuel then departed for Ramah, and Saul went up to his home at Gibeah of Saul. Samuel never saw Saul again to the day of his death. But Samuel grieved over Saul, because the LORD regretted that He had made Saul king over Israel. And the LORD said to Samuel, “How long will you grieve over Saul, since I have rejected him as king over Israel? Fill your horn with oil and set out; I am sending you to Jesse the Bethlehemite, for I have decided on one of his sons to be king.” Samuel replied, “How can I go? If Saul hears of it, he will kill me.” The LORD answered, “Take a heifer with you, and say, ‘I have come to sacrifice to the LORD.’ Invite Jesse to the sacrificial feast, and then I will make known to you what you shall do; you shall anoint for Me the one I point out to you.” Samuel did what the LORD commanded. When he came to Bethlehem, the elders of the city went out in alarm to meet him and said, “Do you come on a peaceful errand?” “Yes,” he replied, “I have come to sacrifice to the LORD. Purify yourselves and join me in the sacrificial feast.” He also instructed Jesse and his sons to purify themselves and invited them to the sacrificial feast. When they arrived and he saw Eliab, he thought: “Surely the LORD’s anointed stands before Him.” But the LORD said to Samuel, “Pay no attention to his appearance or his stature, for I have rejected him. For not as man sees [does the LORD see]; man sees only what is visible, but the LORD sees into the heart.” Then Jesse called Abinadab and had him pass before Samuel; but he said, “The LORD has not chosen this one either.” Next Jesse presented Shammah; and again he said, “The LORD has not chosen this one either.” Thus Jesse presented seven of his sons before Samuel, and Samuel said to Jesse, “The LORD has not chosen any of these.” Then Samuel asked Jesse, “Are these all the boys you have?” He replied, “There is still the youngest; he is tending the flock.” And Samuel said to Jesse, “Send someone to bring him, for we will not sit down to eat^-b until he gets here.” So they sent and brought him. He was ruddy-cheeked, bright-eyed,^-b and handsome. And the LORD said, “Rise and anoint him, for this is the one.” Samuel took the horn of oil and anointed him in the presence of his brothers; and the spirit of the LORD gripped David from that day on. Samuel then set out for Ramah. Now the spirit of the LORD had departed from Saul, and an evil spirit from the LORD began to terrify him. Saul’s courtiers said to him, “An evil spirit of God is terrifying you. Let our lord give the order [and] the courtiers in attendance on you will look for someone who is skilled at playing the lyre; whenever the evil spirit of God comes over you, he will play it and you will feel better.” So Saul said to his courtiers, “Find me someone who can play well and bring him to me.” One of the attendants spoke up, “I have observed a son of Jesse the Bethlehemite who is skilled in music; he is a stalwart fellow and a warrior, sensible in speech, and handsome in appearance, and the LORD is with him.” Whereupon Saul sent messengers to Jesse to say, “Send me your son David, who is with the flock.” Jesse took an ass [laden with]^-b bread, a skin of wine, and a kid, and sent them to Saul by his son David. So David came to Saul and entered his service; [Saul] took a strong liking to him and made him one of his arms-bearers. Saul sent word to Jesse, “Let David remain in my service, for I am pleased with him.”

Samuel answered Saul, “You acted foolishly in not keeping the commandments that the LORD your God laid upon you! Otherwise^-h the LORD would have established your dynasty over Israel forever.

You shall not have in your pouch alternate weights, larger and smaller. You shall not have in your house alternate measures, a larger and a smaller. You must have completely honest weights and completely honest measures, if you are to endure long on the soil that the LORD your God is giving you. For everyone who does those things, everyone who deals dishonestly, is abhorrent to the LORD your God. Remember what Amalek did to you on your journey, after you left Egypt— how, undeterred by fear of God, he surprised you on the march, when you were famished and weary, and cut down all the stragglers in your rear. Therefore, when the LORD your God grants you safety from all your enemies around you, in the land that the LORD your God is giving you as a hereditary portion, you shall blot out the memory of Amalek from under heaven. Do not forget! When you enter the land that the LORD your God is giving you as a heritage, and you possess it and settle in it, you shall take some of every first fruit of the soil, which you harvest from the land that the LORD your God is giving you, put it in a basket and go to the place where the LORD your God will choose to establish His name.

The Gemara raises a question: But from where do we know that this remembrance that is stated with regard to Amalek and to the Megilla involves reading it out loud from a book? Perhaps it requires merely looking into the book, reading it silently. The Gemara answers: It should not enter your mind to say this, as it was taught in a baraita: The verse states: “Remember what Amalek did to you” (Deuteronomy 25:17). One might have thought that it suffices for one to remember this silently, in his heart. But this cannot be, since when it says subsequently: “You shall not forget” (Deuteronomy 25:19), it is already referring to forgetting from the heart. How, then, do I uphold the meaning of “remember”? What does this command to remember add to the command to not forget? Therefore, it means that the remembrance must be expressed out loud, with the mouth.

On that day Judah, an Ammonite convert, came and stood before them in the house of study. He said to them: Do I have the right to enter into the assembly? Rabban Gamaliel said to him: you are forbidden. Rabbi Joshua said to him: you are permitted. Rabban Gamaliel said to him: the verse says, "An Ammonite or a Moabite shall not enter into the assembly of the Lord: even to the tenth generation" (Deuteronomy 23:4). R. Joshua said to him: But are the Ammonites and Moabites still in their own territory? Sanheriv, the king of Assyria, has long since come up and mingled all the nations, as it is said: "In that I have removed the bounds of the peoples, and have robbed their treasures, and have brought down as one mighty the inhabitants" (Isaiah 10:1. Rabban Gamaliel said to him: the verse says, "But afterward I will bring back the captivity of the children of Ammon," (Jeremiah 49:6) they have already returned. Rabbi Joshua said to him: [another] verse says, "I will return the captivity of my people Israel and Judah" (Jeremiah 30:3). Yet they have not yet returned. So they permitted him to enter the assembly.

It is a Positive Commandment to exterminate the Seven Nations, as it says, “surely, you shall destroy them” (Deut. 20:17). Anyone who comes across any of these nations and fails to kill them violates a Negative Commandment, as it says, “you shall not keep alive any soul” (Deut. 20:16). Nonetheless, they have already all been destroyed and their memory forgotten.

(4) It is a positive commandment to destroy the seven nations, as it is stated (Deuteronomy 20:17), "you shall surely destroy them." And anyone who chances upon one of them and does not kill him transgresses a negative commandment, as it is stated (Deuteronomy 20:16), "do not let any soul live." And their memory has already vanished.

And God created man in His image, in the image of God He created him; male and female He created them.

This is the record of Adam’s line.—When God created man, He made him in the likeness of God;

When you approach a town to attack it, you shall offer it terms of peace.^-b If it responds peaceably and lets you in, all the people present there shall serve you at forced labor. If it does not surrender to you, but would join battle with you, you shall lay siege to it; and when the LORD your God delivers it into your hand, you shall put all its males to the sword. You may, however, take as your booty the women, the children, the livestock, and everything in the town—all its spoil—and enjoy the use of the spoil of your enemy, which the LORD your God gives you. Thus you shall deal with all towns that lie very far from you, towns that do not belong to nations hereabout. In the towns of the latter peoples, however, which the LORD your God is giving you as a heritage, you shall not let a soul remain alive. No, you must proscribe them—the Hittites and the Amorites, the Canaanites and the Perizzites, the Hivites and the Jebusites—as the LORD your God has commanded you, lest they lead you into doing all the abhorrent things that they have done for their gods and you stand guilty before the LORD your God.

and the king sent someone to make inquiries about the woman. He reported, “She is Bathsheba daughter of Eliam [and] wife of Uriah the Hittite.”

And He will show those who are pleasing to Him wonders from His Torah. Rather let such see in our commentaries novel interpretations of the plain meanings of Scripture and Midrashim, and let them take moral instruction from the mouths of our holy Rabbis: “Into that which is beyond you, do not seek; into that which is more powerful than you, do not inquire; about that which is concealed from you, do not desire to know; about that which is hidden from you, do not ask. Contemplate that which is permitted to you, and engage not yourself in hidden things.”