Parashat Re'eh - The "Subverted" City

(1) Be careful to observe only that which I enjoin upon you: neither add to it nor take away from it. (2) If there appears among you a prophet or a dream-diviner, who gives you a sign or a portent, (3) saying, “Let us follow and worship another god”—whom you have not experienced—even if the sign or portent named to you comes true, (4) do not heed the words of that prophet or that dream-diviner. For your God ה' is testing you to see whether you really love your God ה' with all your heart and soul. (5) It is your God ה' alone whom you should follow, whom you should revere, whose commandments you should observe, whose orders you should heed, whom you should worship, and to whom you should hold fast. (6) As for that prophet or dream-diviner, such a one shall be put to death for having urged disloyalty to your God ה' —who freed you from the land of Egypt and who redeemed you from the house of bondage—to make you stray from the path that your God ה' commanded you to follow. Thus you will sweep out evil from your midst. (7) If your brother, your own mother’s son, entices you in secret, saying, “Come let us worship other gods”—whom neither you nor your ancestors have experienced— (8) from among the gods of the peoples around you, either near to you or distant, anywhere from one end of the earth to the other: (9) do not assent or give heed to any of them. Show no pity or compassion, and do not cover up the matter; (10) but take that person’s life. Let your hand be the first to put that person to death, followed by the hand of the rest of the people. (11) Stone that person to death for having sought to make you stray from your God ה', who brought you out of the land of Egypt, out of the house of bondage. (12) Thus all Israel will hear and be afraid, and such evil things will not be done again in your midst. (13) If you hear it said, of one of the towns that your God ה' is giving you to dwell in, (14) that some scoundrels from among you have gone and subverted the inhabitants of their town, saying, “Come let us worship other gods”—whom you have not experienced— (15) you shall investigate and inquire and interrogate thoroughly. If it is true, the fact is established—that abhorrent thing was perpetrated in your midst— (16) put the inhabitants of that town to the sword and put its cattle to the sword. Doom it and all that is in it to destruction: (17) gather all its spoil into the open square, and burn the town and all its spoil as a holocaust to your God ה'. And it shall remain an everlasting ruin, never to be rebuilt. (18) Let nothing that has been doomed stick to your hand, in order that ה' may turn from a blazing anger and show you compassion, and in compassion increase you as promised on oath to your fathers— (19) for you will be heeding your God ה', obeying all the divine commandments that I enjoin upon you this day, doing what is right in the sight of your God ה'.

(5) The court judges cases involving an entire tribe that sinned, or a false prophet (see Deuteronomy 18:20–22), or a High Priest who transgressed a prohibition that carries a possible death sentence, only on the basis of a court of seventy-one judges, i.e., the Great Sanhedrin. And the king may bring the nation out to an optional war, i.e., a war that was not mandated by the Torah and is not a war of defense, only on the basis of a court of seventy-one judges. They may extend the city of Jerusalem or the courtyards of the Temple only on the basis of a court of seventy-one judges. And they may appoint a lesser Sanhedrin of twenty-three judges for the tribes only on the basis of a court of seventy-one judges. A city may be designated as an idolatrous city, i.e., a city whose residents all practice idolatry, and therefore according to Torah law all the residents must be killed and the city must be destroyed (see Deuteronomy 13:13–19), only in accordance with the ruling of a court of seventy-one judges. Additionally, the court may not designate a city as an idolatrous city if it is on the frontier, close to the borders of Eretz Yisrael, and three adjoining cities may not be designated as idolatrous cities. But the court may designate one city, or two adjoining cities, as idolatrous cities.

A beguiled city has never existed and never will. Rather, it is written about in order to say "examine and take a reward." Rabbi Shimon bar Rabbi Elazar said: "They do not declare three towns to be subverted towns in the Land of Israel, so as not to wipe out settlement in the Land of Israel. But they declare one or two [to be subverted cities]." R. Simeon says, “Even two [in one locale] they may not declare, but they may declare one town in Judah and one town in Galilee.” And near the frontier they may not declare even one town to be a subverted town, so that gentiles will not break through and wipe out settlement in the Land of Israel

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.

(1) In those days, when there was no king in Israel, a certain Levite residing at the other end of the hill country of Ephraim took to himself a concubine from Bethlehem in Judah. (2) Once his concubine deserted him, leaving him for her father’s house in Bethlehem in Judah; and she stayed there a full four months. (3) Then her husband set out, with an attendant and a pair of donkeys, and went after her to woo her and to win her back. She admitted him into her father’s house; and when the young woman’s father saw him, he received him warmly. (4) His father-in-law, the young woman’s father, pressed him, and he stayed with him three days; they ate and drank and lodged there. (5) Early in the morning of the fourth day, he started to leave; but the young woman’s father said to his son-in-law, “Eat something to give you strength, then you can leave.” (6) So the two of them sat down and they feasted together. Then the young woman’s father said to the man, “Won’t you stay overnight and enjoy yourself?” (7) The man started to leave, but his father-in-law kept urging him until he turned back and spent the night there. (8) Early in the morning of the fifth day, he was about to leave, when the young woman’s father said, “Come, have a bite.” The two of them ate, dawdling until past noon. (9) Then the man, his concubine, and his attendant started to leave. His father-in-law, the young woman’s father, said to him, “Look, the day is waning toward evening; do stop for the night. See, the day is declining; spend the night here and enjoy yourself. You can start early tomorrow on your journey and head for home.” (10) But the man refused to stay for the night. He set out and traveled as far as the vicinity of Jebus—that is, Jerusalem; he had with him a pair of laden donkeys, and his concubine was with him. (11) Since they were close to Jebus, and the day was very far spent, the attendant said to his master, “Let us turn aside to this town of the Jebusites and spend the night in it.” (12) But his master said to him, “We will not turn aside to a town of aliens who are not of Israel, but will continue to Gibeah. (13) Come,” he said to his attendant, “let us approach one of those places and spend the night either in Gibeah or in Ramah.” (14) So they traveled on, and the sun set when they were near Gibeah of Benjamin. (15) They turned off there and went in to spend the night in Gibeah. He went and sat down in the town square, but nobody took them indoors to spend the night. (16) In the evening, an old man came along from his property outside the town.(This man hailed from the hill country of Ephraim and resided at Gibeah, where the locals were Benjaminites.) (17) He happened to notice the wayfarer in the town square. “Where,” the old man inquired, “are you going to, and where do you come from?” (18) He replied, “We are traveling from Bethlehem in Judah to the other end of the hill country of Ephraim. That is where I live. I made a journey to Bethlehem of Judah, and now I am on my way to the House of GOD, and nobody has taken me indoors. (19) We have both bruised straw and feed for our donkeys, and bread and wine for me and your handmaid, We lack nothing.” (20) “Rest easy,” said the old man. “Let me take care of all your needs. Do not on any account spend the night in the square.” (21) And he took him into his house. He mixed fodder for the donkeys; then they bathed their feet and ate and drank. (22) While they were enjoying themselves, the townsmen, a depraved lot, had gathered about the house and were pounding on the door. They called to the aged owner of the house, “Bring out that man who’s come into your house, so that we can be intimate with him.” (23) The owner of the house went out and said to them, “Please, my friends, do not commit such a wrong. Since this fellow has entered my house, do not perpetrate this outrage. (24) Look, here is my virgin daughter, and his concubine. Let me bring them out to you. Use them, do what you like with them; but don’t do that outrageous thing to this fellow.” (25) But the others would not listen to him. So the man seized his concubine and pushed her out to them. They raped her and abused her all night long until morning; and they let her go when dawn broke. (26) Toward morning the woman came back; and as it was growing light, she collapsed at the entrance of the very house where her husband was. (27) When her husband arose in the morning, he opened the doors of the house and went out to continue his journey; and there was the woman, his concubine, lying at the entrance of the house, with her hands on the threshold. (28) “Get up,” he said to her, “let us go.” But there was no reply. So the man placed her on the donkey and set out for home. (29) When he came home, he picked up a knife, and took hold of his concubine and cut her up limb by limb into twelve parts. He sent them throughout the territory of Israel. (30) And everyone who saw it cried out, “Never has such a thing happened or been seen from the day the Israelites came out of the land of Egypt to this day! Put your mind to this; take counsel and decide.”

(1) Thereupon all the Israelites—from Dan to Beer-sheba and [from] the land of Gilead—marched forth, and the community assembled as one, before GOD at Mizpah. (2) All the leaders of the people [and] all the tribes of Israel presented themselves in the assembly of God’s people, 400,000 fighters on foot.— (3) The Benjaminites heard that the Israelites had come up to Mizpah.—The Israelites said, “Tell us, how did this evil thing happen?” (4) And that Levite, the husband of the murdered woman, replied, “My concubine and I came to Gibeah of Benjamin to spend the night. (5) The citizens of Gibeah set out to harm me. They gathered against me around the house in the night; they meant to kill me, and they abused my concubine until she died. (6) So I took hold of my concubine and I cut her in pieces and sent them through every part of Israel’s territory. For an outrageous act of depravity had been committed in Israel. (7) Now you are all Israelites; produce a plan of action here and now!” (8) Then all the people rose as one and declared, “We will not go back to our homes, we will not enter our houses! (9) But this is what we will do to Gibeah: [we will wage war] against it according to lot. (10) We will take from all the tribes of Israel ten of every hundred, a hundred of every thousand, and a thousand of every ten thousand to supply provisions for the troops—to prepare for their going to Geba in Benjamin for all the outrage it has committed in Israel.” (11) So Israel’s forces, united as one, massed against the town. (12) And the tribes of Israel sent agents through the whole tribe of Benjamin, saying, “What is this evil thing that has happened among you? (13) Come, hand over those scoundrels in Gibeah so that we may put them to death and stamp out the evil from Israel.” But the Benjaminites would not yield to the demand of their fellow Israelites. (14) So the Benjaminites gathered from their towns to Gibeah in order to take the field against the Israelites. (15) On that day the Benjaminites mustered from the towns 26,000 fighters, mustered apart from the inhabitants of Gibeah; 700 elite troops (16) of these forces—700 of the best troops—were left-handed. Every one of them could sling a stone at a hair and not miss. (17) Israel’s side—other than Benjamin—mustered 400,000 fighters, every one of them a warrior. (18) They proceeded to Bethel and inquired of God; the Israelites asked, “Who of us shall advance first to fight the Benjaminites?” And GOD replied, “Judah first.” (19) So the Israelites arose in the morning and encamped against Gibeah. (20) Israel’s side took the field against the Benjaminites; Israel’s force drew up in battle order against them at Gibeah. (21) But the Benjaminites issued from Gibeah, and that day they struck down 22,000 of the Israelites. (22) Now the army—Israel’s force—rallied and again drew up in battle order at the same place as they had on the first day. (23) For the Israelites had gone up and wept before GOD until evening. They had inquired of GOD, “Shall we again join battle with our kinsmen the Benjaminites?” And GOD had replied, “March against them.” (24) The Israelites advanced against the Benjaminites on the second day. (25) But the Benjaminites came out from Gibeah against them on the second day and struck down 18,000 more of the Israelites, all of them fighters. (26) Then all the Israelites, all the army, went up and came to Bethel and they sat there, weeping before GOD. They fasted that day until evening, and presented burnt offerings and offerings of well-being to GOD. (27) The Israelites inquired of GOD (for the Ark of God’s Covenant was there in those days, (28) and Phinehas son of Eleazar son of Aaron the priest ministered before [God] in those days), “Shall we again take the field against our kinsmen the Benjaminites, or shall we not?” GOD answered, “Go up, for tomorrow I will deliver them into your hands.” (29) Israel put men in ambush against Gibeah on all sides. (30) And on the third day, the Israelites went up against the Benjaminites, as before, and engaged them in battle at Gibeah. (31) The Benjaminites dashed out to meet the army and were drawn away from the town onto the roads, of which one runs to Bethel and the other to Gibeah. As before, they started out by striking some of the men dead in the open field, about 30 of the Israelites. (32) The Benjaminites thought, “They are being routed before us as previously.” But the Israelites had planned: “We will take to flight and draw them away from the town to the roads.” (33) And while the main body of Israel’s force had moved away from their positions and had drawn up in battle order at Baal-tamar, the Israelite ambush was rushing out from its position at Maareh-geba." (34) Thus 10,000 of the best troops from all Israel came to a point south of Gibeah, and the battle was furious. Before they realized that disaster was approaching, (35) GOD routed the Benjaminites before Israel. That day the Israelites slew 25,100 of the Benjaminites, all of them fighters. (36) Then the Benjaminites realized that they were routed. Now Israel’s force had yielded ground to the Benjaminites, for they relied on the ambush that they had laid against Gibeah. (37) One ambush quickly deployed against Gibeah, and the other ambush advanced and put the whole town to the sword. (38) A time had been agreed upon by Israel’s force with those in ambush: When a huge column of smoke was sent up from the town, (39) Israel’s force was to turn about in battle. Benjamin had begun by striking dead about 30 men from Israel’s force, and they thought, “They are being routed before us as in the previous fighting.” (40) But when the column, the pillar of smoke, began to rise from the city, the Benjaminites looked behind them, and there was the whole town going up in smoke to the sky! (41) And now Israel’s force turned about, and Benjamin’s force was thrown into panic, for they realized that disaster had overtaken them. (42) They retreated before Israel’s force along the road to the wilderness, where the fighting caught up with them; meanwhile those from the towns were massacring them in it. (43) They encircled the Benjaminites, pursued them, and trod them down [from] Menuhah to a point opposite Gibeah on the east. (44) That day 18,000 of the Benjaminites fell, all of them brave men. (45) They turned and fled to the wilderness, to the Rock of Rimmon; but [the Israelites] picked off another 5,000 on the roads and, continuing in hot pursuit of them up to Gidom, they slew 2,000 more. (46) Thus the Benjaminite fighters who fell that day numbered 25,000, all of them brave men. (47) But 600 others turned and fled to the wilderness, to the Rock of Rimmon; they remained at the Rock of Rimmon four months. (48) Israel’s force, meanwhile, turned back to the rest of the Benjaminites and put them to the sword—towns, people, cattle—everything that remained. Finally, they set fire to all the towns that were left.

(1) Now Israel’s forces had taken an oath at Mizpah: “None of us must ever give his daughter in marriage to a Benjaminite.” (2) The people came to Bethel and sat there before God until evening. They wailed and wept bitterly, (3) and they said, “O ETERNAL God of Israel, why has this happened in Israel, that one tribe must now be missing from Israel?” (4) Early the next day, the people built an altar there, and they brought burnt offerings and offerings of well-being. (5) The Israelites asked, “Is there anyone from all the tribes of Israel who failed to come up to the assembly before GOD ?” For a solemn oath had been taken concerning anyone who did not go up to GOD at Mizpah: “He shall be put to death.” (6) The Israelites now relented toward their kin the Benjaminites, and they said, “This day one tribe has been cut off from Israel! (7) What can we do to provide wives for those who are left, seeing that we have sworn by GOD not to give any of our daughters to them in marriage?” (8) They inquired, “Is there anyone from the tribes of Israel who did not go up to GOD at Mizpah?” Now no one from Jabesh-gilead had come to the camp, to the assembly. (9) For, when the roll of the troops was taken, not one of the inhabitants of Jabesh-gilead was present. (10) So the assemblage dispatched 12,000 of the warriors, instructing them as follows: “Go and put the inhabitants of Jabesh-gilead to the sword, women and children included. (11) This is what you are to do: Proscribe every male, and every woman who has known a man carnally.” (12) They found among the inhabitants of Jabesh-gilead 400 maidens who had not known a man carnally; and they brought them to the camp at Shiloh, which is in the land of Canaan. (13) Then the whole community sent word to the Benjaminites who were at the Rock of Rimmon, and offered them terms of peace. (14) Thereupon the Benjaminites returned, and they gave them the maidens who had been spared from the women of Jabesh-gilead. But there were not enough of them. (15) Now the people had relented toward Benjamin, for GOD had made a breach in the tribes of Israel. (16) So the elders of the community asked, “What can we do about wives for those who are left, since the women of Benjamin have been killed off?” (17) For they said, “There must be a saving remnant for Benjamin, that a tribe may not be blotted out of Israel; (18) yet we cannot give them any of our daughters as wives,” since the Israelites had taken an oath: “Cursed be anyone who gives a wife to Benjamin!” (19) They said, “The annual feast of GOD is now being held at Shiloh.” (It lies north of Bethel, east of the highway that runs from Bethel to Shechem, and south of Lebonah.) (20) So they instructed the Benjaminites as follows: “Go and lie in wait in the vineyards. (21) As soon as you see the daughters of Shiloh coming out to join in the dances, come out from the vineyards; let each of you seize a wife from among the daughters of Shiloh, and be off for the land of Benjamin. (22) And if their fathers or brothers come to us to complain, we shall say to them, ‘Be generous to them for our sake! We could not provide any of them with a wife on account of the war, and you would have incurred guilt if you yourselves had given them [wives].’” (23) The Benjaminites did so. They took to wife, from the dancers whom they carried off, as many as they themselves numbered. Then they went back to their own territory, and rebuilt their towns and settled in them. (24) Thereupon the Israelites dispersed to their own tribes and clans; everyone departed for their own territory. (25) In those days there was no king in Israel; everyone did as they pleased.