Bibbia Ebraica
Bibbia Ebraica

Halakhah su Deuteronomio 19:19

וַעֲשִׂ֣יתֶם ל֔וֹ כַּאֲשֶׁ֥ר זָמַ֖ם לַעֲשׂ֣וֹת לְאָחִ֑יו וּבִֽעַרְתָּ֥ הָרָ֖ע מִקִּרְבֶּֽךָ׃

allora farai a lui, come aveva deciso di fare a suo fratello; così allontanerai il male da te stesso.

Sefer HaMitzvot

You should know that one thing can have in it [both] a positive commandment and a negative commandment in one of three ways: If any act should be a positive commandment; but one who violates it transgresses a negative commandment, like Shabbat and holidays and the release [of the seventh year] - in which work is a negative commandment and rest upon them is a positive commandment, as will be explained. And likewise the fast of Yom Kippur is a positive commandment, but eating upon it is a negative commandment. Or when it is a negative commandment that is preceded by a positive commandment; like it states about a rape (Deuteronomy 19:29) or one who puts out a bad name (Deuteronomy 19:19), "and she shall be as a wife for him" - which is a positive commandment - but it also states, "he many not send her away all of his days," and that is a negative commandment. Or if the negative commandment is first and is afterwards rectified by a positive commandment, such as "do not take the mother together with her young" (Deuteronomy 19:6); and then "You shall surely send away the mother" (Deuteronomy 19:7). And in each of these types, it is appropriate to count the positive commandment in it among the positive commandments and the negative commandment in it among the negative commandments. As the Sages said, in explaining each one of them, that they are a positive commandment and a negative commandment. And many times they will say, "the positive commandment in it," and "the negative commandment in it." And this matter is clear, for the content of the command in them is different than the content of the prohibition. And both of them are two different matters, one that He commanded and one that He prohibited. And no one ever erred about this principle.
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Contemporary Halakhic Problems, Vol VI

It seems to this writer that Ramban's comment must be understood in light of the dual nature of the transgression inherent in misappropriation of property, commission of a tort and manslaughter. A person who deprives another of his property has committed an act of theft and in doing so has sinned against his fellow. In addition, he has violated the divine commandment prohibiting theft and has thereby sinned against God. The dayyan's putative concern that he may err in rendering judgment is not born of a concern for the welfare of the financially harmed litigant but of the dayyan's fear of sullying his own immortal soul by sinning against God. The verse "God is with you in the matter of judgment" serves to assure the judge that God joins in the judgment even if it is in error, i.e., insofar as God is concerned, the qualified judge who errs commits no sin. Indeed, theologically speaking, his error may, in a certain sense, be providentially ordained.29In explaining why false witnesses whose testimony leads not only to conviction but to actual execution are not put to death, Ramban, Commentary on the Bible, Deuteronomy 19:19, asserts that God does not abandon the totally guiltless and, moreover, God Himself participates in the judgment of the court. In concurring in the judgment of the bet din, The Heavenly Court renders judgment not simply upon the pleadings of the litigants but upon a totality of considerations, many of which are likely to be unknown to mortals.
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Sefer HaChinukh

And [it] is practiced in every place and at all time by males, but not by females. As women are not [included] in the category of testimony, since testimony requires focus and much concentration. And the verse put a limit on the punishment of the one who transgresses this negative prohibition and testifies falsely against his fellow, to do unto him as he thought to do his fellow (Deuteronomy 19:19). And there are also lashes for it (Makkot 2a). And it is also elucidated there in Sanhedrin.
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Sefer HaMitzvot

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Sefer HaChinukh

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