Tafsiran yang Mengutip untuk Ulangan 22:8

It is clear that the straight path is the good actions which we have elucidated in the fourth chapter (Eight Chapters 4), and they are the virtues of moderation. As through them a person acquires a fine disposition and he will have a good way with people. And he said it is "praiseworthy for the person adopting [it], And praiseworthy to him from [other] people." And afterwards, he said that he needs to be careful with a commandment that he thinks is light - like rejoicing in the holiday, and study of the Holy Tongue - as with a commandment the great weightiness of which is clear to you - like circumcision and tsitsit (fringes) and slaughtering of the Pesach sacrifice. And there the reason for this is for you do not know the reward given [for the fulfillment] of [the respective] commandments. And the elucidation of this matter is as I will say. And it is that the entire Torah has positive commandments and negative commandments. It is true that Scripture elucidated the punishment of each negative commandment except for a few of them. And one is obligated the death penalties for some of them and excision and death at the hand of the Heavens and lashes for some of them. And we know from all of the punishments of the negative commandments which of the prohibitions are great and which ones of them are below them. And they are eight levels: The first level - and it is the greatest of them - are those things for which one is obligated stoning. And the one below it are the ones that obligate burning. And the third are the ones that obligate killing (decapitation). And the fourth are the ones that obligate strangling. And the fifth are ones that obligate excision. And the sixth are ones that obligate death at the hand of the Heavens. And the seventh are ones that obligate lashes. And the eighth are negative commandments for which we do not give lashes. And from these levels we can know what is the weightiness of a sin or its lightness. But what is the reward from God, may He be blessed, of each of the positive commandments is not elucidated. And all of this is so that we do not know which commandment requires that we keep it much and which commandment is below it. Rather He commanded to do matter x and y and He did not make known the reward of which one of them is greater from God, may He be blessed. And because of this one needs to be careful about all of them. And because of this principle, they said (Sukkah 25a), "One who is engaged in a commandment is exempt from [another] commandment," without comparing [the weight of] the commandment that he is involved in to the other one from which he is refraining. And for this, they also said (Pesachim 64b et. al.), "We do not skip over commandments," meaning to say that when you chance upon the performance of a commandment, do not skip over it and leave it to do another commandment. And afterwards he said that even though the [relative] desirability of each commandment is not elucidated, there is an angle of comparison. And that is that every positive commandment wherein you find that one who transgresses it is obligated a great punishment, know that there is also a great reward in doing [the commandment]. And the example of this is that circumcision, slaughtering the Pesach sacrifice, resting on the seventh [day] and the making of a parapet are all positive commandments. Yet the obligation of one who does work on Shabbat is stoning, but the one who refrains from circumcision or the sacrifice on the holiday is obligated [only] excision and the one who 'places blood in his house' (by refraining from setting up a parapet) violates a negative commandment [without a tangible punishment], and that is that which is stated (Deuteronomy 22:8), "do not place blood in your house." And from here you know that the reward of Shabbat is greater than the reward of circumcision and the reward of circumcision is greater with God, may He be blessed, than the reward of making a parapet. And that is the matter of his saying, "Also, weigh the loss [that may be sustained through the fulfillment] of a commandment against the reward [that may be obtained] for [fulfilling] it." And he also said "the gain of a transgression," when you do not do it - this too is not elucidated. However you can learn it from the punishment of the sin. When the sin for which the sinner was punished is great, the reward for his refraining from it is according to that level of greatness, as is elucidated in Kiddushin 39b in their saying, "Anyone who sits and does not commit a sin is given a reward like the one who does a commandment" - and we have already explained it there. And the expression of the Torah of actions being known to Him, may He be blessed, is like that when our teacher Moshe, peace be upon him, stated (Exodus 32:32), "from Your book that you have written."

This book is called Mishneh Torah. And at the beginning to tractate Gittin, Tosafos writes that Mishneh Torah denotes that [this Book] “only recapitulates and repeats what was stated previously [in the other four Books].” ¹Gittin 2a; Tosafos, s.v. Ha’meivi Get. Thus Mishneh Torah is to be translated as “Repetition of the Torah.” The Ramban of blessed memory is so convinced of this understanding [of Mishneh Torah] that when he addresses the mitzvos listed in the parashios of Shoftim²`For example, in Deut. 16:18, “You shall set up judges and law enforcement officials for yourself in all your cities” is explanatory of the implied directive of requiring judges as stated in Ex. 22:8, “The word of both parties shall come before the judges” and Ibid. 21:22, “he shall pay as the judges determine.” An additional example is Deut. 19:14, “You shall not remove your neighbor’s landmark,” which he considers to be part of [i.e. explanatory] of Num. 26:56, “According to the lot shall one’s inheritance be divided between the numerous and the few.” and [Ki] Seitzei,³An additional example to what is cited immediately below is that Deut. 22:8, “you shall make a guard rail for your roof” is deemed explanatory of Lev. 19:16, “You shall not stand idly by [the shedding of] your fellow's blood.” he explains some of them as being part and parcel of mitzvos written earlier. [And he applies this understanding] to the extreme by considering the mitzvah of shi’luach ha’kein (sending away the mother bird),⁴See Deut.: 22:6-7, “If a bird's nest chances before you on the road, on any tree, or on the ground, and [it contains] fledglings or eggs, if the mother is sitting upon the fledglings or upon the eggs, you shall not take the mother upon the young. You shall send away the mother, and [then] you may take the young for yourself, in order that it should be good for you, and you should lengthen your days.” to be part of the mitzvah of oso v’es b’no, (the prohibition of slaughtering the mother and her calf in the same day).⁵Lev. 22:28 states, “An ox or sheep you shall not slaughter it and its offspring in one day.” The Ramban on Deut. 22:6 writes, “[The sending away of the mother bird] is also an explanatory commandment of oso v’es b’no because the reason for both [commandments] is that we should not have a cruel heart and be discompassionate, or it may be that Scripture does not permit us to destroy a species altogether, although it permits slaughter [for food] within that group. Now, he who kills the mother animal and the young in one day or takes them when they are free to fly [is regarded] as though he cut off that species.” And in my opinion, this is astonishing, for these two mitzvos are entirely different. Moreover, we also find a duplication of the mitzvos in the Book of Exodus: In the parasha of Ki Sissa beginning with the verse, “Beware of what I command you today,” ⁶Ex. 34: 11. until “Do not cook a kid in its mother’s milk,”⁷Ibid. Verse 26. The following directives and mitzvos listed in these verses are also found in the Torah reading of Mishpatim: Not to make a covenant with the seven nations that are to be driven from the Land of Israel; to destroy their altars and places of worship; not to make idols nor to worship them; to work for six days and rest on the Sabbath; the celebration of the three festivals; the redeeming of the first sons; the redeeming of the firstborn of kosher animals and of the donkey; appearing three times a year at the Temple (including how God will protect their land when it is abandoned, in order to appear in the Temple three times a year); not to offer the Passover sacrifice while possessing leaven, and not to cook a kid in its mother’s milk. it is a repetition of what was already written in the parasha of Mishpatim.⁸See Ibid. 23:12-33. We explained there with God’s assistance how none [of those words] are superfluous – Heaven forbid [that one should say so].⁹According to the Ramban, following the sin of the Golden Calf, Israel is warned of the importance of fulfilling the commandments to safeguard their spiritual greatness; and to achieve this end, these prohibitions and commandments were repeated in particular. To quote the Ramban to Ibid. 34:14: “Observe the commandments which I command you today, and do not treat them as you have treated those which I commanded you at first, when you violated everything by worshiping the idols.” Thus, due to the significance of certain events (i.e. the making of the Golden Calf and the impending possession of the Land of Israel), mitzvos of particular importance may be repeated in the Torah to communicate a special exhortation and message. The Netziv strongly disagrees with this approach and argues that the primary purpose of the repetition of any mitzvah is to provide an additional halachic insight. And accordingly in the Book of Devarim one does not find that many duplicated mitzvos and whatever [seem to be] repeated are not considered – Heaven forbid – to be superfluous.

All of these [statements about] a house are written [in the Bible] - "the doorposts (mezuzot) of your house" (Deut. 6:9); "when you build a new house" (Deut. 22:8); "the one who owns the house shall come" (Lev. 14:35); "[a man] who sold a dwelling-house [in a walled city]" (Lev. 25:29); "[a man] who built a new house" (Deut. 20:5).