Pisqa’ 271361H:267;JN2:214-215. 1. “When a man takes a new wife” (Dt.24:5)— I might infer only that the rule applies to a virginal wife. On what basis do I extend the rule to include a widow or a childless sister-in-law awaiting the decision of her dead husband’s brother362Heb: shomeret yavam; literally, “one awaiting the levir.” [to either marry her or release her to remarry freely]? The Teaching states: “He shall rejoice with his wife” (Dt.24:5)— under all cirumstances [even if his wife is previously married]. If so, why is it stated: “New” (Dt.24:5)? To imply that she is new to him. This excludes [from the rule of rejoicing]: a man remarrying his ex-wife; a widow married to a High Priest; a divorcee or one released from marriage to her dead husband’s brother,363Heb: khalutzah, i.e., the Shoe-loosener; cf. Pisqa’ 215.1 [and now newly married] to a common Priest; a woman of impaired lineage;364Heb: mamzeret; see Pisqa’ 249.2-3 or an out-caste,365Heb: netin/ah; a descendent of Gibeonite converts who, in the days of Joshua, were condemned to form a cadre of wood cutters and water drawers (Josh.9:27). Usually regarded as being the lowest genealogical rung among those included in Israel (e.g. M. Hor.3:8). [either of whom is married] to an Israelite; or a daughter of Israel who marries either a man of impaired lineage or an out-caste.
2. “He shall not go off with the troops” (Dt.24:5). Is it possible to say that he shall not go off with the troops, but shall supply weaponry, water, and provisions? The Teaching states: “He shall not be burdened by any other matter” (Dt.24:5)— [of civilian support of the war efforts]. If “he shall not be burdened by any matter,” Is it possible to say that [he is not to be burdened] even if he built a house, but hadn’t dedicated it, or planted a vineyard, but hadn’t de-consecrated it, or betrothed a woman, but hadn’t married her? The Teaching states: “Burdened by” (Dt.24:5)— that is, he shouldn’t be burdened [by military service], but he may be burdened by these other matters.366Cf, T. Sotah 7:20.
3
נָקִי יִהְיֶה לְבֵיתוֹ, זֶה בֵּיתוֹ.
“He shall be given clearance to attend to his house” (Dt.24:5)— this refers to what he needs for his household.
4
יִהְיֶה, זֶה כַּרְמוֹ.
“He shall be given clearance” (Dt.24:5)— this refers to [the needs of] his vineyard.
5
וְשִׂמַּח אֶת אִשְׁתּוֹ, זוֹ אִשְׁתּוֹ.
“He shall rejoice with his wife” (Dt.24:5)— this refers to [the needs of] his wife [but not another woman].
6
אֲשֶׁר לָקָח, לְהָבִיא אֶת יְבִמְתּוֹ.
“Whom he has taken” (Dt.24:5)— including his widowed sister-in-law [taken to perpetuate his dead brother’s lineage under the rule of the levir].
(דברים כד ה) כִּי יִקַּח אִישׁ אִשָּׁה חֲדָשָׁה, אֵין לִי אֶלָּא בְּתוּלָה, מִנַּיִן לְרַבּוֹת אַלְמָנָה וְשׁוֹמֶרֶת יָבָם? תַּלְמוּד לוֹמַר: וְשִׂמַּח אֶת אִשְׁתּוֹ מִכָּל מָקוֹם. אִם כֵּן לָמָּה נֶאֱמַר חֲדָשָׁה? מִי שֶׁחֲדָשָׁה לוֹ, פְּרָט לְמַחֲזִיר גְּרוּשָׁתוֹ, וְאַלְמָנָה לְכֹהֵן גָּדוֹל, גְּרוּשָׁה וַחֲלוּצָה לְכֹהֵן הֶדְיוֹט, מַמְזֶרֶת וּנְתִינָה לְיִשְׂרָאֵל, בַּת יִשְׂרָאֵל לְמַמְזֵר וּלְנָתִין.
Pisqa’ 271361H:267;JN2:214-215.
1. “When a man takes a new wife” (Dt.24:5)—
I might infer only that
the rule applies to a virginal wife.
On what basis do I extend the rule
to include a widow or
a childless sister-in-law
awaiting the decision of her dead husband’s brother362Heb: shomeret yavam; literally, “one awaiting the levir.”
[to either marry her or release her to remarry freely]?
The Teaching states:
“He shall rejoice with his wife” (Dt.24:5)—
under all cirumstances
[even if his wife is previously married].
If so, why is it stated:
“New” (Dt.24:5)?
To imply that she is new to him.
This excludes [from the rule of rejoicing]:
a man remarrying his ex-wife;
a widow married to a High Priest;
a divorcee or one released from marriage
to her dead husband’s brother,363Heb: khalutzah, i.e., the Shoe-loosener; cf. Pisqa’ 215.1
[and now newly married] to a common Priest;
a woman of impaired lineage;364Heb: mamzeret; see Pisqa’ 249.2-3
or an out-caste,365Heb: netin/ah; a descendent of Gibeonite converts who, in the days of Joshua, were condemned to form a cadre of wood cutters and water drawers (Josh.9:27). Usually regarded as being the lowest genealogical rung among those included in Israel (e.g. M. Hor.3:8).
[either of whom is married] to an Israelite;
or a daughter of Israel who marries either
a man of impaired lineage or an out-caste.
לֹא יֵצֵא בַּצָּבָא, יָכוֹל לֹא יֵצֵא בַצָּבָא אֲבָל יְסַפֵּק כְּלֵי זַיִן וּמַיִם וּמָזוֹן? תַּלְמוּד לוֹמַר: וְלֹא יַעֲבֹר עָלָיו לְכָל דָּבָר. אִי ״לֹא יַעֲבֹר עָלָיו לְכָל דָּבָר״, יָכוֹל אֲפִלּוּ בָּנָה בַיִת וְלֹא חֲנָכוֹ, נָטַע כֶּרֶם וְלֹא חִלְּלוֹ, אֵרַשׂ אִשָּׁה וְלֹא לְקָחָהּ? תַּלְמוּד לוֹמַר: עָלָיו, עָלָיו אֵינוֹ עוֹבֵר, עוֹבֵר הוּא עַל כָּל אֵלּוּ.
2. “He shall not go off with the troops” (Dt.24:5).
Is it possible to say that
he shall not go off with the troops,
but shall supply weaponry, water, and provisions?
The Teaching states:
“He shall not be burdened by any other matter” (Dt.24:5)—
[of civilian support of the war efforts].
If “he shall not be burdened by any matter,”
Is it possible to say that
[he is not to be burdened]
even if he built a house, but hadn’t dedicated it,
or planted a vineyard, but hadn’t de-consecrated it,
or betrothed a woman, but hadn’t married her?
The Teaching states:
“Burdened by” (Dt.24:5)—
that is, he shouldn’t be burdened [by military service],
but he may be burdened
by these other matters. 366Cf, T. Sotah 7:20.
נָקִי יִהְיֶה לְבֵיתוֹ, זֶה בֵּיתוֹ.
“He shall be given clearance to attend to his house” (Dt.24:5)—
this refers to what he needs for his household.
יִהְיֶה, זֶה כַּרְמוֹ.
“He shall be given clearance” (Dt.24:5)—
this refers to [the needs of] his vineyard.
וְשִׂמַּח אֶת אִשְׁתּוֹ, זוֹ אִשְׁתּוֹ.
“He shall rejoice with his wife” (Dt.24:5)—
this refers to [the needs of] his wife
[but not another woman].
אֲשֶׁר לָקָח, לְהָבִיא אֶת יְבִמְתּוֹ.
“Whom he has taken” (Dt.24:5)—
including his widowed sister-in-law
[taken to perpetuate his dead brother’s lineage
under the rule of the levir].