Halakhah su Deuteronomio 28:78

It further follows that, as a religion in which imitatio Dei serves as a governing moral principle,²The obligation of imitatio Dei is derived from the verse “and thou shalt walk in His ways” (Deuteronomy 28:9). See Rambam, Hilkhot De‘ot 1:5-6. Judaism must perforce view compassion towards animals as a moral imperative. It is told variously of one or another of the leading exponents of the Musar movement that he kept a cat as a pet and insisted upon feeding the cat personally. That individual is reported to have remarked to his disciples that his motivation was simply to emulate divine conduct. Since God extends "His tender mercies over all His works" (Psalms 145:9), man should eagerly seek opportunities to do likewise. The story is perhaps apocryphal in nature but remarkable nonetheless because of its wide currency in rabbinic circles.³See also narratives concerning R. Eliyahu Lapian recounted by Aaron Soraski. Marbiẓei Torah u-Musar (Brooklyn, 5737), IV, 165, and concerning Ḥazon Ish by R. Shlomoh Cohen, Pe’er ha-Dor (Bnei Brak, 5726), I, 175. It is told of the hasidic master, R. Zusya of Anapole, that, saddened by the sight of caged birds, he would purchase them from their owner in order to set them free. He informed his disciples that he regarded this to be a form of “ransoming prisoners” which constitutes a moral imperative.

Other scholars advance less obvious sources as constituting the scriptural basis for obligations concerning za'ar ba'alei ḥayyim. R. Moses ibn Habib, Yom Teru'ah, Rosh ha-Shanah 27a, finds a source for such obligations in the verse "… and thou shalt bring forth to them water out of the rock; so thou shalt give the congregation and their cattle drink" (Numbers 20:8). Water was miraculously produced from the rock for the benefit of animals as well as of humans. Water was produced for the animals, states R. Moses ibn Habib, in order to obviate za'ar ba'alei ḥayyim. In the opinion of this authority, Scripture specifically records that the miracle was performed on behalf of animals as an admonition to man directing him likewise to alleviate the suffering of brute creatures. R. Moses Sofer, Hagahot Hatam Sofer, Baba Mezi'a 32b, similarly regards obligations with regard to animal welfare as predicated upon emulation of divine conduct. Thus Hatam Sofer cites the verse "And His tender mercies are over all His works" (Psalms 145:9) as imposing an obligation upon man to exercise compassion toward animals. Earlier, Sefer Haredim, chapter 4, expressed the opinion that compassion toward animals is mandated by the commandment "and you shall walk in His ways" (Deuteronomy 28:9). Rambam, Hilkhot De'ot 1:6, apparently basing himself upon Sifre, Deuteronomy 11:22, renders the verse as meaning, "just as He is merciful so also shall you be merciful."

(14) It also is apparent that [in all eight modes] he also transgresses (Devarim 28:9): "And you shall walk in His ways," whereby we have been commanded to emulate the traits of the Holy One Blessed be He, all of which [traits] are for the good alone, as Chazal have said (Shabbath 133b): "Just as He is merciful, you, too, be merciful; just as He is gracious, you, too, be gracious," and the like with the other good traits, as is explained by the Rambam (Hilchoth Deoth 1:5 and 6). And we find with the Holy One Blessed be He, in His pure and holy traits, that He hates delation [informing] in all modes, even against the most reprehensible of men, as Chazal have said in the episode of Achan [viz. Joshua 7] (Sanhedrin 11a): "Am I [the L–rd] a delator for you?" And He hopes for the good and not for the bad (viz. Tanna d'bei Eliyahu 1), and (Sotah 42a): "Four classes do not behold the Divine Presence: …the class of the speakers of lashon hara, as it is written (Tehillim 5:5): 'For You are not a G–d who desires wickedness, evil shall not dwell with You.'" Therefore, one who habituates himself to this evil trait does not walk in the way of the L–rd, which is only to do good to others, and he does the opposite — wherefore the Torah designated [lashon hara] as "evil" — so that he also transgresses this positive commandment [i.e., "And you shall walk in His ways."]
We have thus enumerated fourteen positive commandments, which tend to be transgressed by lashon hara and rechiluth (aside from the aforementioned seventeen negative commandments). And though all the seventeen negative commandments and fourteen positive commandments cannot obtain with one man and with one slur, as is clear to the reader, still, all who are habituated, G–d forbid, to this evil trait will certainly transgress all of them in the course of time. For sometimes he will come to speak lashon hara against an elder, and sometimes, against a sage. And sometimes he will demean him to his face and sometimes not to his face, as mentioned above.

I called this letter The Sabbath Epistle (’iggeret haShabbat), for it brings together (’ogeret) all responses. Also, it is named for the letter that I saw in my dream. It is clear from this epistle when the day begins, also the beginning of the month, and also the beginning of the year. The glorious God, who is first without beginning and last without end, will draw near the time of the end of days, to return us as in days of long ago and earlier years. Amen.

But we, Israel, the children of Avraham, Yitzchak, and Yaakov have a received tradition, as is known, that the Oral Torah includes not only the Talmud and the other works of our Sages which have already been written or printed. Rather, every explanation and virtuous practice which the people of Israel inherit from their parents or teachers, as long as it does not oppose the holy Torah, is considered part of the Oral Torah and our accepted traditions, and we are bound in it by the prohibition of “Do not stray.” (Devarim 28:14) [Examples] of this type [of tradition] are calling the letter shaped א “alef” and the letter shaped ב “bet” and so too all the letters, and the fact that lo means negation and that hen means affirmation, and that seven days after the [accepted] beginning of the week is considered to be Shabbat and sanctified as such. About all of these and the many things similar to them, the knowledge of which cannot emerge from books and are known only through tradition from our ancestors and teachers, we say that they are received from Moshe at Sinai through direct transmission. So, too, the explanation of the hue of techelet is known and clear to every child of Israel who attends school. When he learns in the Torah of Moshe the word “techelet” his teacher explains to him (blue wool), and the knowledge received from his teacher is acceptable knowledge. And so, we have a clear received tradition about the hue of the color techelet. And why should we involve ourselves with academic analyses which can neither help nor hurt? Even if a wise and brilliant person would come and enumerate proofs like sand against our received tradition it would be forbidden for us to listen to him, and we are warned agains this as part of the prohibition of “Do not stray.”

That He prohibited us from dwelling in the Land of Egypt forever, so that we not learn from their practices and not follow their disgraceful ways. And that is His saying, "You must not return that way again" (Deuteronomy 17:16). And this prohibition was already repeated three times: They said in the Gemara (Yerushalmi Sukkah 4:1), "In three places did the Holy One, blessed be He, warn Israel not to return to Egypt; and at three times did they return and get punished from them." Indeed one of the three places is that which we mentioned. The second is, "by a route which I told you, you should not see again" (Deuteronomy 28:68). And the third is, "for Egypt which you have seen this day - you will never again see them" (Exodus 14:13). Even though it appears from the words that it is narrative, the tradition comes [to teach that] it is a prohibition. And it has already been explained in the Gemara, Sukkah (Sukkah 51b), that Alexandria is from the cities in which it is forbidden to dwell. And [from the Sea of] Alexandria, the measurement of the perimeter of Egypt is four hundred parasangs by four hundred parasangs - and that is the total of the Land of Egypt in which it is forbidden to dwell. But it is permissible to travel [there] for business, or to pass through it to a different land. And in explanation, they said in the Yerushalmi (Yerushalmi Sanhedrin 10:8 at the end), "You may not return for living, but you may return for business and to conquer the land." (See Parashat Shoftim; Mishneh Torah, Kings and Wars 5.)

1. Rambam records the prohibition against residence in Egypt both in Sefer ha-mizvot, negative commandment no. 46, and in Mishneh Torah, Hilkhot Melakhim 5:7-8. In Sefer ha-mizvot Rambam cites three separate verses as sources for this prohibition: "You shall henceforth return no more this way" (Deuteronomy 17:16); "… by the way whereof I said unto you, 'You shall see it no more again' " (Deuteronomy 28:68); and "For whereas you have seen Egypt today, you shall see them again no more forever" (Exodus 14:13). In citing all three verses as negative commandments Rambam follows the Palestinian Talmud, Sukkah 5:1. The Babylonian Talmud, Sukkah 51b, however, cites only Deuteronomy 17:16. Maharsha explains that, for the Babylonian Talmud, Exodus 14:13 is a promise rather than a prohibition. Deuteronomy 28:68 is presumably viewed as a threatened punishment rather than as a prohibition. Basing himself upon the Palestinian Talmud, Rambam declares that the prohibition is limited to permanent residence. Accordingly, it is permissible to return to Egypt for business purposes or for other reasons which involve only temporary domicile. Rambam further rules that it is permissible to reside in Egypt if the land is conquered by "a king of Israel" with the approval of the Sanhedrin "since [the Torah] forbids [us] only return to [Egypt] as individuals or to dwell therein while it is in the hands of idolaters." The reason, as explained by Rambam, is that settlement in Egypt is forbidden because of the degenerate moral character of the ancient Egyptians. Reference to the immorality of ancient Egypt is made in Leviticus 18:13. Hence, when Egypt is under the dominion of Israel, Jews are permitted to reside in that land.

And nonetheless the maidservant is liable for lashes, as we cannot say about her that she is light in her [own] eyes - and that because of that, she did not guard herself from licentiousness. But still, she also is not liable for lashes unless she has intercourse in the regular fashion, is an adult and volitional. And about her is it said, "there shall be an investigation (bikoret tehiyeh)" - as our Rabbis, may their memory be blessed, expounded (Keritot 22a), "bikrai tehe (she shall be with verses)," meaning to say with lashes. And they, may their memory be blessed, said (Keritot 22a), "She is lashed, and not he." And because of this did the Scripture express the lashes with this language of 'reading' - since they would read verses of rebuke over the one lashed while they were still lashing him, so that he understand and take instruction. And [these verses] are "And the Lord will make wondrous, etc." (Deuteronomy 28:59).

The beginning of wisdom is fear of God.¹(Perush.) This is the preferred sequence. In the original text the first verse “the beginning of wisdom” appears later. This is the foundation for God-fearing men. When you set out to do anything think (of it as) if another person were doing it and asked for your advice: what would you say to him? So did the rabbis say, “That which also honors him in the sight of mankind.” ²Aboth 2:1.As you advise others so do for yourself. The beginning of wisdom is to acquire wisdom. When your son reaches the age of learning, acquire for him a teacher who is a scholar, and God-fearing, for it is written “The fear of the Lord is the beginning of knowledge” (Prov. 1:7). This is to introduce him to the fear of the Lord. In addition, from all firstlings give Him, “The first of all the first fruits of everything, and every heave offering of everything” (Ezek. 44:30). So too, give Him the beginning of the day and night (in which) to bless Him for that which man enjoys day and night.³J. T. Yoma 1:1, also Midrash Rabbah, ed. Horeb, Leviticus, Chapter XXVI, p. 69. Thus does he say, “When I behold the heavens the work of Thy fingers, the moon and the stars which Thou hast established” (Ps. 8:4). It is He who brings on the evening twilight and forms light when you arouse from your sleep and awaken. She⁴“She” refers to Torah. will speak to you, and when you open your eyes put upon your heart your tasks and needs,⁵This is a paraphrase of Proverbs 6:22. but prior to setting yourself aright there is fear of the Lord, as it is written “The fear of the Lord is the beginning of knowledge” (Prov. 1:7). How so? When a man leaves prison he is obliged to thank the Holy One, blessed be He, and inasmuch as there is no greater imprisonment than sleep,⁶Berakoth 60b. he must bless the Holy One, blessed be He, because prior to awakening there was no power to do anything nor mastery over body. Bless Him for every limb with which you perform your work which was previously immobilized but is now useful. And concerning the hands which were initially in a state of uncleanliness with the spirit of uncleanliness prevailing over them,⁷Yoma 77b. in order that you not be harmed, wash your hands. Similarly do not put your hands to your eyes until you wash them. Our scholars instituted blessings for every activity. It happened with a certain pious man who recited a blessing for each and every limb and Scripture supported him “My heart and my flesh sing for joy unto the living God” (Ps. 84:3). And it is written, “All my bones shall say, Lord who is like unto Thee” (Ps. 35:10), and he prayed for all of the limbs that were created part of him that they serve Him who created them for His glory and that they not sin against Him. For the Holy One, blessed be He, puts into the heart of the good that they (do) not sin against Him, nor that sin be brought about through them, for it is said, “There shall no mischief befall the righteous” (Prov. 12:21).⁸Yebamoth 120a. Good and evil inclinations can serve beneficent ends with the righteous. He sees how the wicked with deliberate cunning seek to fulfill their lusts even but for a moment, and because of their appetites they often place their lives in danger for (this) momentary fulfillment, as in the case of robbers, thieves, and adulterers, who do so, all for the sake of questionable results.⁹They don’t know if they will succeed. But I have all the more need to be cunning because of the Holy One, blessed be He, who grants to His loved ones their desires in the hereafter and for eternity supreme joys far beyond the voluptuous indulgences of the wicked.¹⁰This is the preferred reading. (See Mekor Hesed, note 10.) If man’s good inclination overpowers him to do good, as the evil inclination bends him toward the lusts of his flesh and his ambitions, then with ingenious cunning he would seek to fulfill the desires of heaven. That person who has the ability to do everything that his heart desires, and it is possible for him to do it without risk of shame, he need not be so cunning in the matter. But where the power is not within him to do that which the heart desires, because of so and so and because of someone in such a matter, then he must be cunning so as to make the desires of his heart such that this other matter does not harm him. Since all of these matters involve depth of wisdom and great exertions which are found in those who lust, and are jealous and pursue honor, (therefore) he who fears the word of God sees how they search and lurk to fulfill their lusts which are momentary and questionable of achieving, and they hurl their souls from the distance, so much the more (let him apply this tenacity to himself) myself.¹¹“I need to be cunning.” “But I will be hallowed among the children of Israel” (Lev. 22:32) refers to those who are slain in Sanctification of the Name,¹²Sifra, ed. Weiss, p. 99b. for it is said “Nay but for Thy sake are we killed all the day” (Ps. 44:23). Behold, the evil inclination is good for man, for if there is no evil inclination to govern man, of what significance is the reward which he receives for doing good.¹³Baba Kamma 38a. Now that his evil inclination overwhelms him and he subdues it because of the Holy One, blessed be He, he receives the good reward. For those that are evil the good inclination is bad, because if they did not taste the good inclination they would have been able to say we did not know the value of the good inclination. If anything presents itself to you in accord with the will of the Holy One, blessed be He, but because of shame you desist from doing it and the matter seems awkward to you or if your evil inclination overpowers you to transgress or to act,¹⁴Used here in the sense “to act wrongly.” reflect accordingly. If you were living at a time of religious persecution, you would have been visited by all afflictions, even death, for the sake of the Creator, for it is said, “Therefore do the maidens love thee” (Cant. 1:3).¹⁵Midrash Rabbah, ed. Horeb, Song of Songs, Chapter I, p. 11. If they wanted to kill you or inflict punishment upon you to the extent that death would be preferable to life, you would endure them, all the more in this matter which is not so great, where your evil inclination overpowers you. And the person that overwhelms his evil inclination receives greater reward than for a hundred commandments where his evil inclination did not incite, overwhelm or compel him to sin. For they said, there is no reward for meritorious deeds that they shall perform in the hereafter.¹⁶For there is no evil inclinations.
“Before the evil days come” (Eccl. 12:1). These are the years of old age¹⁷Midrash Rabbah, ed. Horeb, Ecclesiastes, Chapter XII, p. 128. and the weariness of years of which you say, “I have no pleasure in them” (Eccl. 12:1), which are the days of the Messiah which have neither merit nor guilt It is therefore better to do that thing wherein the evil inclination overpowers him¹⁸Baba Metzia 32b. but he subdues his inclination because of the Creator, rather than commandments wherein the evil inclination does not assert itself. You shall not say behold the commandments are of equal weight, the light ones as the more serious ones. He carries greater sin in a hundred commandments where the inclination does not bother him and he transgresses, than in those commandments where the inclination opposes him.¹⁹Menahoth 43b. This is a parable to a king of flesh and blood who commands his servants to go to a certain place. One comes and says to his (the king’s) servant, “do not go to that place where the king sends you, and I will give you a pound of gold,” the servant accepts and does not go. The other does not go because one promises to give to him two pennies. Behold this one accepts but two pennies his punishment is greater, because he voids the will of the king in a small matter. Similarly, this one who sins in a matter where his evil inclination does not overpower him his punishment is greater. Anything that comes to your hand to do and you do not do because of the shame, lest they call you “pious fool,” consider yourself as if living during time of religious persecution; you would (suffer death) over a light transgression even a shoestrap,²⁰Sanhedrin 74a.
/21/ Toseftah, Baba Kamma, Chapter VII. (therefore say) all the more that I will subdue my passion which is given into my hand. If you stole learning it will suffice for you. And if the shame embarrasses you, behold it is for you as an atoning sacrifice.²²Berakoth 12b. Better that you be embarrassed before a hundred and not be embarrassed before tens of thousands after death.²³Kiddushin 81a. And so he who withholds himself from a meritorious deed because of shame whether in a positive commandment or in a prohibitory commandment, he will be shamed publicly after his death in their presence and perhaps even in his lifetime, as with Zedekiah who said, “Lest they deliver me into their hand and they mock me” (Jer. 38:19), he did not submit to the Lord and they blinded him.²⁴II Kings 25:7.
Consider the two letters kof kof, “For every boot stamped …”²⁵The letter appears both in the verse from Isaiah and in the verse from Deuteronomy. The letter kof has two forms, one is a final letter used at the end of a word, the other is for initial and medial use. The kof in the verse from Isaiah begins the quotation and is the initial letter for the word “all.” The kof in medial form appears in the last word which concludes the quotation from Deuteronomy. Here again the word is “all.” (Isa. 9:4) for the entire world is judged measure for measure for it is said, “because thou didst not serve the Lord thy God with joyfulness, and gladness of heart, by reason of the abundance of all things; therefore shalt thou serve thine enemy whom the Lord shall send against thee in hunger, and in thirst, and in nakedness, and in want of all things” (Deut. 28:47). And all who have mercy on the cruel show no mercy to the merciful. A man who is obliged to have mercy upon others, such as his sons, his daughters, his brother and his near ones, and they are in need and he is able to feed them but does not, behold everything that he possesses will come into the hands of others and he will receive for this neither merit nor credit.²⁶i.e., into the hands of his sons, daughters, and relatives. Even if he supports others, but knows that his father, mother and brothers are poor and does not support them, in the end these others that he supports will deal cruelly and mercilessly with him; they will become his enemies and not consider it as a favor the kindness that he did with them. For there is a matter for which a person receives no merit if he does it, but if he does not do it, it is regarded as evil. For instance a man and his wife who love their children and they possess the means for their support and have mercy upon them, behold this is no merit or righteousness²⁷Ketuboth 50a. because out of love they do this for them, as in the case of dogs, bears and all animals who put their lives in danger to bring prey to their offspring.²⁸Ibid., 49a. If parents do not support their children or if they strike them unnecessarily or show no mercy to them or never admonish them and their offspring have nothing, the parent’s transgression is grave. Therefore a father who does favors for some of his children and reviles others and does no good for them, him that he loathes will be his heir.

To not ever dwell in the Land of Egypt: That we not further go back on the way to Egypt ever; meaning to say that we do not establish our residence in Egypt. And about this is it stated (Deuteronomy 17:16), "and the Lord said to you, 'You shall not further go back on this way again.'" And the prevention of this is repeated three times: They, may their memory be blessed, said (Mekhilta d'Rabbi Yishmael 14:13:2), "In three places did the Torah warn not to return to the Land of Egypt [...] In the three they returned, and in the three they were punished." And these three places [are] the one we mentioned; the second is "by the way that I said to you, 'You shall not further again, etc.'" (Deuteronomy 28:68); and the third is "as that which you see Egypt today, you shall not further, etc." (Exodus 14:13) - and even though it appears to be [only] a story from its revealed meaning, the tradition comes about it that it is a prevention (a negative commandment).

The Law The Law of Moving Fruits from Place to Place on a Holiday, and it has 3 Simanim: 1. We can drop fruits through a trapdoor (meaning, from "when your olives will drop" (Deuteronomy 28:40), as in, when fruits fall to the ground) on a holiday. One should not drop them through windows nor lower them on a ladder nor carry them from roof to roof, even if the two are the same (height).

From the laws of the commandment is that which they, may their memory be blessed, said in the chapter mentioned (Mishnah Makkot 3:12-14), "How do they lash him? His two hands are bound on each side of the column and the administrator grabs his clothes. If they are torn, they are torn (so be it), and if they become unstitched, they become unstitched, until his heart (chest) is uncovered. And a stone is placed behind him and the administrator stands on it. And a strap of calfskin is in his hand, doubled over once into two [straps] and a second time into four [straps] and there are two [other] straps going up and down with it. The [strap's] handle is a hand-breadth [long] and [the strap] is a hand-breadth wide and its tip reaches to the mouth (beginning) of his stomach. And he lashes him one third [of the lashes] on his front and two thirds on his back [...] The reader would read, 'If you do not guard to do [...] And the Lord will increase your beatings, etc.' (Deuteronomy 28:58-59)." And the rest of its details are elucidated in the mentioned chapter of Tractate Makkot (see Mishneh Torah, The Sanhedrin and the Penalties within their Jurisdiction 6)

The commandment to walk in - and make oneself similar through - the ways of God, may He be blessed: That we were commanded to perform all our actions in the way of straightness and goodness with all our strength and to incline all our affairs that are between ourselves and others towards the way of kindness and mercy; as we have known from our holy Torah that this is the way of God, and this is God’s desire for His creatures so that they merit God’s goodness - as He desires kindness. And about this is it stated (Deuteronomy 28:9), "and you shall walk in His ways." And this commandment was further repeated in another place, as it is stated (Deuteronomy 10:12, 11:22), "to walk in all His ways."

From the laws of the commandment is that which they, may their memories be blessed, said (Sotah 41a, Mishneh Torah, Laws of Festival Offering 3:3) that the king was the one that was obligated to read it in their ears. And he would read it in the women's yard [of the Temple]. And he reads while sitting, but if he read while standing, behold that is praiseworthy. And from where does he read? From the beginning of the book of Eleh HaDevarim (Deuteronomy) until the end of the section of Shema Yisrael (Deuteronomy 6:9), and he skips to Vehaya im shamo'ah and finishes that section (Deuteronomy 11:13-21), and [then] skips to Aser te'aser (Deuteronomy 14:22) and reads from Aser te'aser, according to [its proper] order, until the end of the blessings and curses, up until "besides for the covenant which He made with them in Chorev" (Deuteronomy 28:69), and stops.