Commento su Deuteronomio 13:16

הכה תכה THOU SHALT SURELY SMITE [THE INHABITANTS OF THAT CITY] — If you cannot put them to death by the death-penalty prescribed regarding them, kill them in some other way (Sifrei Devarim 94:1; Bava Metzia 31b; cf. Rashi on v. 10).

DESTROY IT UTTERLY, AND ALL THAT IS THEREIN. [Destroy] ‘it’ [utterly] — the men that have gone astray [after the idols]; and all that is therein — the women who followed after the men. But the children who are minors, among males and females, are not killed. And so the Rabbis said in the Sifre:¹⁸⁵Sifre, R’eih 94. “Chanan¹⁸⁶Ibid.: “Abba Chanan.” says: It is written, The fathers shall not be put to death for the children, neither shall the children be put to death for the fathers¹⁸⁷Further, 24:16. — the verse is speaking with reference to an apostate city.” But in the Tosephta¹⁸⁸On Tosephta see Vol. III, p. 118, Note 101. of Tractate Sanhedrin we find a difference of opinion regarding this matter:¹⁸⁹Tosephta, Sanhedrin 14:3. “Minors, children of people of an apostate city, who have gone astray with [the city] are not killed. Rabbi Eliezer says they are killed. Rabbi Akiba said to him: How do I fulfill then the verse, and He will give thee compassion, and make thee compassionate, and multiply thee etc.?¹⁹⁰Verse 18. If its intent is to show mercy to the adults, it is already stated, destroy it utterly, and all that is therein and the cattle thereof etc. And how then do I fulfill and make thee compassionate, and multiply thee? By applying it to the children therein etc.” Thus all these commandments are explanatory of what it says in the Torah, He that sacrificeth unto the gods shall be utterly destroyed,¹⁹¹Exodus 22:19. and now he explained the nature of this “utter destruction” with reference to inciters and the worshippers [of idols].

ואת בהמתה לפי חרב, to wipe out their memory as a form of vengeance on behalf of the G’d of Israel. The principle underlying the destruction of the belongings of these people is the same as that contained in G’d’s commandment to destroy every vestige of Amalek in order to obliterate any memory of that nation. (compare. Deut. 25,19) The prophet Samuel spelled this out prior to ordering King Sha-ul to carry out this commandment in Samuel I 15,3.

הכה תכה, “you shall surely smite.“ The Torah means that if one is unable for one reason or another to execute the inhabitants of this town by judicial process one must see to it that the people are killed even by other than accepted judicial procedures. This is why the verb הכה is repeated here (compare Baba Metzia 31).