Commentary for Genesis 38:13

עלה תמנתה HE GOETH UP TO TIMNAH — In the case of Samson it is said (Judges 14:1) “And Samson went down to Timnah”. But it lay on the slope of a mountain: from one direction one had to go up to it, from the other one went down to it (Sotah 10a).

“Shimshon went down, etc... to Timnah”... [Question:] In the previous verse it is written, “He went up,” and Rashi explained that this is connected with “to Timnah.” If so, why did Rashi not make his comment there? The answer is: [Based on the previous verse alone, Rashi would agree that] “He went up” could be connected with “to his sheep-shearers.” I.e., he went up the mountain to where the shepherds were, to stand by his sheep-shearers. [Thus, Rashi’s comment depends on the present verse.]

עולה תמנתה, “ascending toward Timnat;” when Yehudah travelled this route it was spiritually uplifting for him (in retrospect) seeing that two righteous people would be born from that union. When Shimshon in Judges 14,1, travelled the same route, this is described as a “descent,” as it eventually led to his being blinded and dying, [and we have no record of his having sired any children at all. Ed.]

לגוז צאנו, “to shear his sheep.” Tamar deliberately chose a time for this encounter when her fatherinlaw, Yehudah, would be in good spirits. At such a time one is more prone to fall victim to temptation, especially as at the conclusion of such a shearing there would be a festive meal and much wine would be consumed. If you were to ask how G-d could have agreed that all of the kings of the Davidic dynasty were the result of the illegitimate pairing of Yehudah with his daughterinlaw through Peretz? The answer is that it was better that David would be descended from the daughter of Shem who had been a priest of Hashem as we know from Genesis chapter 14, than that he should be descended through a Canaanite woman, a cursed nation. [The author appears to contradict what he wrote about Bat Shua, Yehudah’s wife not having been of Canaanite descent. Compare page 281. Ed.] Furthermore, it is erroneous to describe the union between Tamar and Yehudah as sinful incest, seeing that before the giving of the Torah, when the seven laws only plus circumcision were binding for the descendants of Avraham, one could perform levirate marriages with any relative, including with the father of the deceased brother. (Compare B’chor shor) Seeing that Yehudah had not allowed Sheylah to perform the rites of the levirate marriage on Tamar, she was available to him for that purpose. Once the Torah was given, the rules about the levirate marriages were revamped to apply only to surviving brothers of the deceased. However, even after the Torah was given, the practice of the levirate marriage to other members of the family did not stop. [This editor is not sure whether the author means that after the Torah was given it remained permissible but was not obligatory for other members of the family, or whether what had once been allowed could not be abolished in practice, just as the use of private altars, though forbidden once the Israelites settled in the land of Israel, continued in spite of this, and it took until 100 years before the destruction of the Temple to eradicate that practice. Ed.] What Boaz did with Ruth is an example of this practice hundreds of years after the Torah had been given.