Halakhah zu Joel 2:28

And now I will begin mentioning each and every commandment, and I will explain their designation - as we set our goal at the beginning of our essay - for this is the intention of the book. Behold that I find it proper to add an addition to this intention: And that is that when I mention the commandment for which one receives a punishment - whether it be a positive or a negative commandment - I will mention its punishment. And I will say, "One who transgresses it will be liable for death, or excision, or a certain sacrifice, or lashes, or one of the death penalties of the court or payments." And you should know that that about which we do not mention any punishment: If it is a negative commandment, it is like that which they said, "It is like he is transgressing the commandment of the King," such that it is not for us to punish him. However with all positive commandments - whenever one is obligated to do one of them, we should give lashes to the one who refrains from doing it until he dies or does it. But if the time [for it] has passed, we refrain from this. Like, for instance, with one who transgressed and did not dwell in a sukkah - we do not give him lashes after Sukkot for his transgression. And know this. And also when I mention commandments for which women are not obligated - both positive and negative commandments - I will say this: "And women are not obligated in it." However it is well known that women do not judge, or testify, or bring sacrifices on their own or fight optional wars. So for all commandments that are contingent upon the court, or witnesses, or the Temple service or optional wars, I do not need to say, "And women are not obligated in this." For this [would be] extraneous speech and there is no need for it. Moreover, when I mention commandments that are only practiced in the Land of Israel or in the presence of the Temple - be they positive or negative commandments - I will say, "These are only obligated in the Land of Israel or in the presence of the Temple." However, it is also well known that all of the sacrifices are only done in the Temple and that the Temple service is only permitted in [its] courtyard; and likewise that capital punishments are only judged when the Temple is standing. And the language of the Mekhilta is, "From where [do we know] that we only sentence to death in the presence of the Temple? [Hence] we learn to say, 'from My altar you will take him to die' (Exodus 21:14) - behold, if you have the Temple you put him to death, if you don't have the Temple you do not put him to death." And there it also says, "From where do we know that the Sanhedrin needs to be close to the altar? As it is stated, 'from My altar.'" And it is also known that both prophecy and monarchy have departed from us until we refrain from our constant transgressions. And then He will atone for us and be merciful to us - as He set out - and bring them back, as it is stated (Joel 2:28), "And it will be after that, I will pour My spirit on all flesh, your sons and your daughters will prophesy." And regarding the return of the monarchy, He said, "On that day I will restore the fallen sukkah of David, and I will repair its breaches, etc., I will build it as in the days of old" (Amos 9:11). And it is well known that war and conquering of the cities cannot be without a king and without the counsel of the Great Sanhedrin and without a high priest, as it is stated (Numbers 27:21), "And he shall present himself in front of Elazar the Priest." And hence all of these are well-known to most people - all the positive or negative commandments that are contingent upon sacrifices, Temple rituals, capital punishments, the Sanhedrin, a prophet, a king or optional wars - so that I will not need to say about it, "This is only obligated in the presence of the Temple," since it is [already] clear, as we explained. But, with God's help, I will draw attention to that about which it is possible to have a doubt and about which some would err. And now I will begin the mentioning of each and every commandment of the Omnipresent.