Pisqa’ 207364H:221-222; JN2:101-102. 1. “Now, the elders of that city shall bring the calf down” (Dt.21:4)— this is the obligation of the elders of that city.
They behead the calf from the back of its neck with a cleaver. And the spot [at which it is killed] is forbidden from being sown or from being worked in any way.365=M. Sotah9:5. Is it possible to say that it is forbidden as well to comb flax there or to chisel stones there? The Teaching states: “Which had never been worked and had never been sown” (Dt.21:4)— sowing [should be conceived] as an aspect of working. Why, then, is it singled out for special mention? To facilitate comparative inquiry: Just as sowing is distinctive, as work connected to the soil, this excludes from the rule these, which are not connected to the soil.
2. “And they shall behead it there” (Dt.21:4)— Here, beheading is mentioned, and elsewhere [in connection with the Firstling of an ass] (Ex13:13) beheading is mentioned. Just as the beheading mentioned here (Dt.21:4) requires beheading at the neck, and requires beheading with a cleaver, and requires beheading from behind, and requires burial of the carcass, and is forbidden for any benefit— So, too, the beheading mentioned elsewhere, requires beheading at the neck, and requires beheading with a cleaver, and requires beheading from behind, and requires burial of the carcass, and is forbidden for any benefit.
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בַּנָּחַל – אַף עַל פִּי שֶׁאֵינוֹ אֵיתָן.
“In the river-bed” (Dt.21:4)— even if it is not a rapids.
(דברים כא ד) וְהוֹרִידוּ זִקְנֵי הָעִיר הַהִיא – מִצְוָה בְּזִקְנֵי הָעִיר הַהִיא.
Pisqa’ 207364H:221-222; JN2:101-102.
1. “Now, the elders of that city shall bring the calf down” (Dt.21:4)—
this is the obligation of the elders of that city.
אֶת הָעֶגְלָה אֶל נַחַל אֵיתָן – כְּמַשְׁמָעוֹ, קָשֶׁה; וְאַף עַל פִּי שֶׁאֵינוֹ אֵיתָן – כָּשֵׁר.
“To a river-bed of rapids” (Dt.21:4)—
in the sense that it is difficult [to navigate].
But even if it is not a rapids,
the rite is fit.
עוֹרְפִים אוֹתָהּ בְּקוֹפִיץ מֵאֲחוֹרֶיהָ, וּמְקוֹמָהּ אָסוּר מִלִּזְרוֹעַ וּמִלַּעֲבוֹד. יָכוֹל יְהֵא אָסוּר לִסְרוֹק שָׁם פִּשְׁתָּן וּלְנַקֵּר שָׁם אֶת הָאֲבָנִים? תַּלְמוּד לוֹמַר: אֲשֶׁר לֹא יֵעָבֵד בּוֹ וְלֹא יִזָּרֵעַ, זְרִיעָה בִּכְלָל הָיְתָה, וְלָמָּה יָצָאת? לְהַקִּישׁ אֵלֶיהָ – מָה זְרִיעָה מְיֻחֶדֶת שֶׁהִיא עֲבוֹדַת קַרְקַע; יָצְאוּ אֵלּוּ, שֶׁאֵין עֲבוֹדַת קַרְקַע.
They behead the calf
from the back of its neck
with a cleaver.
And the spot [at which it is killed]
is forbidden from being sown or
from being worked in any way. 365=M. Sotah9:5.
Is it possible to say that
it is forbidden as well to comb flax there
or to chisel stones there?
The Teaching states:
“Which had never been worked and had never been sown” (Dt.21:4)—
sowing [should be conceived] as an aspect of working.
Why, then, is it singled out for special mention?
To facilitate comparative inquiry:
Just as sowing is distinctive,
as work connected to the soil,
this excludes from the rule these,
which are not connected to the soil.
וְעָרְפוּ שָׁם, נֶאֱמַר כָּאן עֲרִיפָה וְנֶאֱמַר לְהַלָּן (שמות יג יג) עֲרִיפָה, מָה עֲרִיפָה הָאֲמוּרָה כָּאן – עוֹרְפָהּ בְּקוֹפִיץ מֵאַחֲרֶיהָ, וְקוֹבְרָהּ, וַאֲסוּרָה בַּהֲנָיָה, אַף עֲרִיפָה הָאֲמוּרָה לְהַלָּן – עוֹרְפָהּ בְּקוֹפִיץ מֵאֲחוֹרֶיהָ, וְקוֹבְרָהּ, וַאֲסוּרָה בַּהֲנָיָה.
2. “And they shall behead it there” (Dt.21:4)—
Here, beheading is mentioned, and
elsewhere [in connection with the Firstling of an ass] (Ex13:13) beheading is mentioned. Just as the beheading mentioned here (Dt.21:4)
requires beheading at the neck,
and requires beheading with a cleaver,
and requires beheading from behind,
and requires burial of the carcass,
and is forbidden for any benefit—
So, too, the beheading mentioned elsewhere,
requires beheading at the neck,
and requires beheading with a cleaver,
and requires beheading from behind,
and requires burial of the carcass,
and is forbidden for any benefit.
בַּנָּחַל – אַף עַל פִּי שֶׁאֵינוֹ אֵיתָן.
“In the river-bed” (Dt.21:4)—
even if it is not a rapids.