Halakhah su Deuteronomio 22:26

But this was already missed by someone besides us to the point that he counted, "she does not go out like the release of slaves" (Exodus 21:7) - and he did not know that this was a negation and not a prohibition. And the explanation of this is as I will explain. And that is that since God already determined about someone who struck his [gentile] slave or maidservant - and at the time of the strike, caused him to lack one of his main limbs - that [the slave or maidservant] goes out to freedom, it would enter our minds that if the matter is like this with a gentile slave, all the more so would it be the case with a Jewish maidservant and that she would go out to freedom if she loses one of her main limbs. And He negates this conception from us, by His saying, "she does not go out like the release of slaves" - as if to say, there is no obligation for her to be sent out to freedom with the loss of her limbs. So this is the negation of a law about her, and not a prohibition. And the masters of the tradition also explained it like this: And they said in the Mekhilta (Mekhilta DeRabbi Shimon Bar Yochai 21:7), "'She does not go out like the release of slaves' - she does not go out with the main limbs in the way that [gentile] slaves go out." Behold that it is hence already clear to you that it is the negation of another law, which He is negating from her - not that He prohibited anything to us. And there is no difference between His saying, "she does not go out like the release of slaves," and His saying (Leviticus 13:36), "the priest does not examine the yellow hair, he is impure" - it is only a negation, not a prohibition. And that is that it is explaining to us that he does not require quarantine because of this indication (of impurity), and that there is no doubt about him - he is impure. And likewise is His saying (Leviticus 19:20), "they are not put to death, since she has not been freed," a negation and not a prohibition. For He is saying that they are not liable for the death penalty, since [her] freedom is not complete. And it would be inappropriate to explain this as if it were stated, "you shall not put them to death" - such that it would go from a matter of negation to a matter of prohibition. For His saying, "they are not put to death, since she has not been freed," is like His saying (Deuteronomy 22:26), "the girl has no sin worthy of death" - which negates the death penalty from her because of the rape. And likewise [here], He negated the liability of death from them because of [her] slavery - as if to say, they have no sin worthy of death. And likewise is His saying (Numbers 17:5), "and not be like Korach and like his congregation," a negation. And the Sages clarified that it is a negation: They explained its content and said (Midrash Tanchuma, Tzav 13:1) that He, may He be exalted, was telling us that anyone who argues about and challenges the priesthood will not have what happened to Korach and his congregation happen to him with regards to being swallowing up or burned; but rather his punishment will truly be like that which the Lord said through Moshe - meaning to say, tsaraat. For He, may He be elevated, had said to him (Exodus 4:6), "Put your hand into your bosom." And they brought a proof [for this] from what happened to King Uzziah of Judah (II Chronicles 26:19). And even though we find a different expression in the Gemara in Sanhedrin (Sanhedrin 110a) - and that is their saying, "Anyone who maintains an argument, transgresses a negative commandment, as it is stated, 'and not be like Korach and like his congregation" - this is by way of an asmakhta (homiletic support), and not that their intention in this is the simple meaning of the verse. However the prohibition about this is included in a different negative commandment, which I will explain in its place.

Many smokers seek to excuse their behavior by stating that they are anusim, in effect coerced to smoke, since it is so difficult to free oneself from this addictive habit. In general, Halachah excuses one from sins committed under duress (see Devarim 22:26 and Ketubot 3a). This defense does not apply here, however, as smokers were not forced to begin smoking. The Chafetz Chaim (Likutei Amarim chapter 13 and Zechor L’miriam chapter 23) chides smokers who seek to excuse their behavior on the grounds that it is difficult to stop smoking, arguing that they had no right to start. As proof to his assertion, the Chafetz Chaim cites the Gemara (Bava Kama 92) that states that one is not permitted to harm himself.

That He prohibited us - that we not have compassion upon a pursuer. And the explanation of this is that that which we mentioned in the commandment before this about saving the sinner, such that the witnesses not kill him before the court judges him - that is however when he sinned and did the act for which one is liable for the death penalty and completed it. However at the time that he is making efforts and seeking to do it, he is then called a pursuer - and it is an obligation upon us to prevent him from doing what his heart desires and to stop him, in order to prevent him from the sin. But if the does not want to listen to us, we fight against him: If we can prevent it by destroying one of his limbs - such as if we cut off his hand or his foot or blind his eye - behold that is preferable. But if it is impossible to prevent it without [killing him] - he must surely be killed, so that he does not do that evil act. So the prohibition comes [that we] not have compassion upon him and prevent ourselves from killing him. And that is His saying, "You shall sever her hand; you are not to have compassion" (Deuteronomy 25:12). And the language of the Sifrei (Sifrei Devarim 293:1) is, "It teaches that you are obligated to rescue him with her hand. And from where [do we know] that if they are not able to rescue him with her hand, they rescue him with her soul (i.e., by killing her)? [Hence] we learn to say, 'you are not to have compassion.'" And there, they said, "Just like his genitals are specific in that they involve a danger to life - and it is with, 'You shall sever her hand'; so [too] is everything that involves a danger to life with, 'You shall sever.'" And that which we said, that the pursuer is to be killed, is not regarding anyone making efforts to do a transgression. However it is the same whether it is one who is pursuing his fellow to kill him - even if he is a minor - or one who is pursuing one of the forbidden sexual prohibitions to have sexual relations. And [the latter] is on condition that he is nine [years] old and a day; and it is clear that a male is among the sexual prohibitions [for a man]. And His saying, "the betrothed maiden cried out, but there was none to save her" (Deuteronomy 22:27), [tells us] - behold, if there was someone to save her, he must save her with everything he can. And He equated one pursuing her with one pursuing his fellow to kill him, with His saying, "for, just as if a man rises up against his neighbor and murders him, so is this matter" (Deuteronomy 22:26). And the regulations of this commandment have already been explained in Chapter 8 of Sanhedrin. (See Ki Teitzeh; Mishneh Torah, Murderer and the Preservation of Life 1.)