פרשה: כי תצא · עלייה: שביעי (מלכות)

ואליו הוא נושא את נפשו, "and his life depends on it." The Torah tells us that although paying a labourer late is at worst only a sin comparable to robbery, the penalty the Torah has in mind for the employer is as if he had committed a capital crime. When the Torah writes יהיה בך חטא "for it shall remain a sin against you," this is similar to what we find in Kings I 1,21 "and I and my son will remain sinners." In this instance the Torah first gave the reason for the penalty of the employer when it wrote: ואליו הוא נושא את נפשו "for he is risking his life for it," i.e. the penalty too will be that applicable when one had taken someone else' life.

לא תטה משפט גר יתום, "You must not pervert the judgment of a proselyte or an orphan, etc." You might be inclined to favour the proselyte in judgment seeing the Torah has commanded us so many times to love the proselyte. The Torah therefore saw fit to warn us not to pervert his judgment even in his favour. The Torah continues by writing: "do not take the garment of a widow as a pledge," in order to demonstrate that this is the only exception when the Torah does treat a widow differently in judgment compared to ordinary people. You must not take this pledge after the loan has been extended though you may take the garment as collateral at the time the loan is extended.

אם בן הכות הרשע, "if the person found guilty (the wicked one) is convicted he is to receive 39 lashes, etc." The reason the Torah wrote the word בן with the vowel chirik instead of the customary vowel segol is that he who administers the lashes must evaluate if the victim is physically able to absorb these lashes without injury. In the event that the health of the individual in question cannot absorb the normal number of lashes, i.e. that he is not ben hakkot, he receives only as many lashes as are compatible with maintaining his level of health (compare Makkot 22).

לא תהיה אשת המת החוצה לאיש זר, "the wife of the deceased shall not marry a man who is an outsider (stranger), etc." This is a warning to her and to anyone who would cohabit with her that they would be guilty of 39 lashes if they ignored this negative commandment. The Torah also hints here that her brother-in-law, i.e. the potential husband in this levirate marriage, is not obligated to cohabit with her more than a single time. This is in accordance with the opinion of Rabbi Yossi in Shabbat 118 who stated that he engaged in five such cohabitations from each of which a son was born. According to the Jerusalem Talmud Yevamot 1,1 Rabbi Yossi referred to 5 such levirate marriages he was required to endure as he had lost 5 brothers none of whom left behind any children. The additional word ולקחה, "and he shall marry her," is intended to give permission for the surviving brother who has fulfilled the duty of the levirate marriage with his sister-in-law to continue living with this woman in a regular marriage. When the Torah adds the word ויבמה, "and perform the levirate marriage on her," this is intended to counter the argument that everything which has been written by the Torah about this arrangement up until now only gave the brother of the deceasesd the option to perform this cohabitation as distinct from his duty to do so. We could have reasoned that inasmuch as under normal circumstances marrying a sister-in-law is absolutely forbidden, that the Torah relaxed this ruling only in order to give the brother-in-law permission to marry her, but did not obligate him to marry her. This is why the additional word ויבמה is necessary.

וענתה ואמרה ככה יעשה לאיש, "and she will say in reply: "so shall be done to any man, etc." The reason the Torah employs the term עניה, "reply," is because it is in answer to her brother-in-law who had refused to marry her.

להציל את אישה, in order to save her husband, etc. It is interesting that instead of writing: "the wife stretches out her hand in order to save her husband," the Torah reversed the order by writing: "in order to save her husband she stretches out her hand." This teaches that if the woman had no other way of saving her husband except by grabbing his adversary's private parts she is not culpable. She is only free from guilt if the adversary was clearly threatening the life of her husband, not if he merely engaged in a brawl with him. The Torah managed to convey all this by writing the word "to save (the life of) her husband" prior to describing what the woman actually did.

כל עשה אלה, כל עשה עול. "are all who do this, anyone who commits a wrong." The verse refers to people who use deceptive weights or measurements. The Torah means that anyone committing other wrongs is no better than people using deceptive weights or measurements. We should not think that the Torah singled out people who use deceptive weights and measurements for the description תועבה, "abomination," a term used as a rule for violation of sexual mores or for violating the laws of ritual impurity and forbidden foods.

זכור את אשר עשה לך עמלק, "Remember what Amalek did to you, etc." The reason the Torah singles out Amalek is because this nation was unique, attacking the Israelites by seeking them out, not even knowing where they were to be found. Just as an eagle flies far and wide to search for prey, so the Amalekites marched through hundreds of miles of desert in order to locate the Israelites.

אשר קרך בדרך, "who happened to you on the way, etc." This expression may be understood on the basis of Rosh Hashanah 3 where we are told that the cloud of G'd was continuously enveloping the Israelites so that no one knew the exact whereabouts of this people until the death of Aaron when this cloud dissipated. At that time the Canaanite (Amalekites dressed up as Canaanites) attacked the Israelites. In view of this, how did the Amalekites locate the encampment of the Israelites? To answer this question the Torah writes אשר קרך בדרך, "who chanced upon you on the way." The Torah goes on with ויזנב בך, "and he struck your hindmost ones, the ones who trailed behind." The Torah means that the cloud did not permit the Amalekites to penetrate into the camp of the Israelites; however, they struck only those whom the cloud had expelled as unfit for this kind of protection. When the Torah speaks of הנחשלים אחריך, "the weaklings behind you," it refers to the spiritually weak Israelites.

ואתה עיף ויגע, "and you were tired and exhausted." You were still עיף from your long and hard bondage in Egypt, and יגע exhausted from your trek through the desert.

ולא ירא אלוקים, "and he did not fear G'd." This fact inspired more fear in you than the combined fatigue and exhaustion you had experienced. We know from Isaiah 33,14: "the sinners in Zion are frightened," that people who are aware of having sinned will experience fear as opposed to those who are serene in their knowledge of leading a blameless life. The Torah is at pains to describe Amalek in terms which will cause us to hate him by describing his surprise attack on the Jewish people, his exploiting a time when the Israelites were tired and exhausted, pouncing upon them like an eagle. At that time they were also deprived of the power of the righteous who ensured that through their conduct G'd's cloud would completely envelop and protect them.