Deuteronómio 21:16 Midrash: Midrash Tanchuma Buber & Sifrei Devarim

(Deut. 21:10:) WHEN YOU GO OUT TO WAR <AGAINST YOUR ENEMIES, AND THE LORD YOUR GOD GIVES THEM INTO YOUR HAND> AND YOU TAKE THEM CAPTIVE. Our masters have taught (Avot 4:2): <ONE> GOOD DEED BRINGS ABOUT <ANOTHER> GOOD DEED, AND <ONE> TRANSGRESSION BRINGS ABOUT <ANOTHER> TRANSGRESSION. (Deut. 21:11–12:) AND WHEN YOU SEE AMONG THE CAPTIVES A BEAUTIFUL WOMAN <WHOM YOU DESIRE TO TAKE FOR A WIFE, YOU SHALL BRING HER INTO YOUR HOUSE, > WHERE SHE SHALL SHAVE HER HEAD, so that she will not find favor in his eyes.¹Tanh., Deut. 6:1; see Deut. R. 6:4. What is written after that (in vs. 15):) WHEN A MAN HAS TWO WIVES. Two wives in <one> house <means> strife in the house. And moreover (ibid., cont.:) ONE LOVED AND THE OTHER HATED, or both of them hated. What is written after that (in vs. 18)? IF ONE HAS A DEFIANT AND REBELLIOUS SON. Whenever anyone marries a pretty face, there results from it A DEFIANT AND REBELLIOUS SON. Thus we find it so in the case of David, because (as suggested by II Sam. 3:3) he had lusted for Maacah bat Talmai king of Geshur, while he had gone to war.²By having sexual relations while at war with Saul (II Sam. 3:1), David was disobeying the Mosaic law of warfare. See Deut. 20:7–8. So Absalom came out of him <in this union>, who wanted to kill him and (according to II Sam. 16:22) slept with his wives before the eyes of all Israel and in broad daylight. Also because of him several myriads from Israel were killed. So he made discord in Israel. Also killed were Shimei [ben Gera] (in I Kings 2:46), Sheba ben Bichri (in II Sam. 20:22), Ahithophel (in II Sam. 17:23), Mephibosheth,³There seems to be some confusion between Mephibosheth who was a son of Saul that David had killed (in II Sam. 21:8) and the Mephibosheth who was Saul’s grandson and who was falsely accused of betraying David for Absalom (II Sam. 16:3; but cf. 19:24–30). and Ishbosheth (in II Sam. 4:7). Moreover <David> had Ziba rule over the whole house of Saul (II Sam. 16:4; cf. II Sam. 9:9). It is also taught: R. Jose says:⁴Sanh. 72a. Is it because A DEFIANT AND REBELLIOUS SON ate half a pound⁵Gk.: litra. of meat and drank half a log of wine that Torah says for one to go out to the place for <execution by> stoning (cf. Deut. 21:18–21)? It is simply that Torah has foreseen the end of A DEFIANT AND REBELLIOUS SON, that he ends up squandering his father's assets with wastrels with whom he eats and drinks, until he seeks what he has been accustomed to and does not find it.⁶Cf. Luke 15:14–16. Then he goes out to the crossroads, where he kills people and robs⁷Melastem, from the Gk.: lestes (“robber”). them. So Torah is saying: Let him die innocent and not die guilty, for the death of the wicked is fitting for them and fitting for the world. And what is written after that (in vs. 22)? AND WHEN SOMEONE IS GUILTY OF A CRIME PUNISHABLE BY DEATH AND IS PUT TO DEATH. If he is delivered from the one,⁸I.e., the preventive punishment as A DEFIANT AND REBELLIOUS SON. he is not delivered from the other. We have learned (in Avot 4:2): THAT <ONE> TRANSGRESSION BRINGS ABOUT <ANOTHER> TRANSGRESSION; <ONE> GOOD DEED/COMMANDMENT BRINGS ABOUT <ANOTHER> GOOD DEED/COMMANDMENT.⁹In the text of Avot the clauses are reversed. For the correct order, see the beginning of the paragraph. Note also that the word for GOOD DEED (mitswah) also means COMMANDMENT and that the midrash has both meanings in mind. Where is it shown (in Scripture)? Where it is stated (in Deut. 22:6–7): WHEN YOU COME ACROSS A BIRD NEST…. YOU MUST SURELY LET <THE MOTHER> GO …, IN ORDER THAT IT MAY BE WELL WITH YOU AND YOU MAY LENGTHEN YOUR LIFE. What is written after that (in vs. 8)? [WHEN YOU BUILD A NEW HOUSE, <YOU SHALL MAKE A PARAPET FOR YOUR ROOF>.] You have the right to build a house and make a parapet. What is written after that (in vs. 9)? YOU SHALL NOT SOW YOUR VINEYARD WITH TWO KINDS OF SEED. You do have a right to <possess> a vineyard and to sow a field. What is written after that (in vs. 10)? YOU SHALL NOT PLOW WITH AN OX AND AN ASS <TOGETHER>. You do have a right to <possess> oxen and asses. What is written after that (in vs. 11)? YOU SHALL NOT WEAR INTERWOVEN STUFF, <WOOL AND FLAX TOGETHER>. You do have the right to nice clothes of wool and of linen (but not in combination). What is written after that (in vs. 12)? YOU SHALL MAKE YOURSELVES TASSELS. You have a right to the commandment on tassels. What is written after that (in vs. 13)? WHEN A MAN TAKES A WIFE. A man has a right to a wife and children. We learn (in Avot 4:2): THAT <ONE> GOOD DEED/COMMANDMENT BRINGS ABOUT <ANOTHER> GOOD DEED/COMMANDMENT; therefore the parashot are dependent on each other.

[Another interpretation (of Gen. 29:31): WHEN THE LORD SAW THAT LEAH WAS HATED.] This text is related (to Deut. 21:15-17): WHEN A MAN HAS TWO WIVES, < THE ONE BELOVED AND THE OTHER HATED, AND WHEN BOTH THE BELOVED AND THE HATED HAVE BORNE HIM SONS WITH THE FIRST-BORN BELONGING TO THE HATED WOMAN; THEN, ON THE DAY THAT HE WILLS HIS PROPERTY TO HIS SONS AS AN INHERITANCE, HE MAY NOT TREAT THE SON OF THE BELOVED AS THE FIRST-BORN IN PREFERENCE TO THE SON OF THE HATED WHEN HE IS THE FIRST-BORN. INSTEAD, HE SHALL RECOGNIZE THE FIRST-BORN SON OF THE HATED WOMAN BY GIVING HIM A DOUBLE PORTION SINCE HE IS THE FIRST FRUIT OF HIS STRENGTH >. < (Deut. 21:15:) WHEN A MAN HAS >: This is Jacob, as stated (in Gen. 25:27): JACOB WAS A PERFECT MAN. (Deut. 21:15, cont.:) TWO WIVES: Leah and Rachel. (Ibid., cont.:) THE ONE BELOVED, i.e., Rachel, as stated (in Gen. 29:30): AND HE ALSO LOVED RACHEL. (Deut. 21:15, cont.:) AND THE OTHER HATED: i.e., Leah, as stated (in Gen. 29:31): WHEN THE LORD SAW THAT LEAH WAS HATED. (Deut. 21:15, cont.:) AND WHEN BOTH THE BELOVED AND THE HATED HAVE BORNE HIM SONS, i.e., both of them bore for him.³⁷The passage may interpret banot (“daughters”) as bonot (“builders”) who would build up a worthy lineages. Moreover, what Leah produced Rachel produced.³⁸Similarly Gen. R. 70:15. Leah produced kings, and so did Rachel [produce kings. Leah produced prophets, and so did Rachel produce prophets]. Leah produced judges, and so did Rachel. It is therefore stated (in Deut. 21:15): AND WHEN < BOTH THE BELOVED AND THE HATED > HAVE BORNE HIM SONS. (Deut. 21:16:) THEN, ON THE DAY THAT HE WILLS < HIS PROPERTY > TO HIS SONS AS AN INHERITANCE. When the time had come for him to depart from the world, (according to Gen. 49:1): THEN JACOB CALLED HIS SONS. (Deut. 21:16, cont.:) HE MAY NOT TREAT THE SON OF THE BELOVED, < i.e., > Joseph, AS THE FIRST-BORN. Why? (Vs. 17:) INSTEAD, HE SHALL RECOGNIZE THE FIRST-BORN SON OF THE HATED WOMAN < BY GIVING HIM A DOUBLE PORTION >. This was Reuben, as stated (in Gen. 49:3): REUBEN, YOU ARE MY FIRST-BORN, < MY MIGHT AND THE FIRST FRUIT OF MY STRENGTH, EXCELLING IN ELEVATION AND EXCELLING IN POWER >. < Jacob gave this blessing >, even though he said to his shame (in vs. 4): UNSTABLE AS WATER, YOU SHALL NO LONGER EXCEL; < FOR YOU WENT UP TO YOUR FATHER'S BED, THEN DEFILED IT >. What is the meaning of (ibid., cont.) HE WENT UP TO MY COUCH. When Moses would come, about whom it is written (in Exod. 19:3): THEN MOSES WENT UP TO GOD, he would redeem him. As Moses stood < there >, he sought mercy for him. It is so stated (in Deut. 33:6): LET REUBEN LIVE. The Holy One said (ibid., cont.): AND LET HIM NOT DIE. It turns out that he gets {compensation in proportion to both of them} [a pardon³⁹Gk.: demos (“common people”). This meaning of demos may be suggested by demotikos agon, a public festival with games in connection with which amnesties might be given. Cf. Lat.: dimissus. from the mouth of both of them] (i.e., God and Moses). Thus it is stated (in Deut. 21:17): INSTEAD, HE SHALL RECOGNIZE THE FIRST-BORN [SON OF THE HATED WOMAN] BY GIVING HIM A DOUBLE PORTION. (Deut. 33:6:) LET REUBEN LIVE, AND LET HIM NOT DIE; < i.e., > LET REUBEN LIVE in this world, AND LET HIM NOT DIE in the world to come. Why? (Deut. 21:17:) SINCE HE IS THE FIRST FRUIT OF HIS STRENGTH. [It is also written (in Gen. 49:3): MY MIGHT AND THE FIRST FRUIT OF MY STRENGTH.]

(Devarim 21:16) "Then it shall be on the day that he causes his sons to inherit": Inheritances are adjudicated in the daytime and not at night.