Midrash su Deuteronomio 22:6

(Deut. 21:10:) WHEN YOU GO OUT TO WAR <AGAINST YOUR ENEMIES, AND THE LORD YOUR GOD GIVES THEM INTO YOUR HAND> AND YOU TAKE THEM CAPTIVE. Our masters have taught (Avot 4:2): <ONE> GOOD DEED BRINGS ABOUT <ANOTHER> GOOD DEED, AND <ONE> TRANSGRESSION BRINGS ABOUT <ANOTHER> TRANSGRESSION. (Deut. 21:11–12:) AND WHEN YOU SEE AMONG THE CAPTIVES A BEAUTIFUL WOMAN <WHOM YOU DESIRE TO TAKE FOR A WIFE, YOU SHALL BRING HER INTO YOUR HOUSE, > WHERE SHE SHALL SHAVE HER HEAD, so that she will not find favor in his eyes.¹Tanh., Deut. 6:1; see Deut. R. 6:4. What is written after that (in vs. 15):) WHEN A MAN HAS TWO WIVES. Two wives in <one> house <means> strife in the house. And moreover (ibid., cont.:) ONE LOVED AND THE OTHER HATED, or both of them hated. What is written after that (in vs. 18)? IF ONE HAS A DEFIANT AND REBELLIOUS SON. Whenever anyone marries a pretty face, there results from it A DEFIANT AND REBELLIOUS SON. Thus we find it so in the case of David, because (as suggested by II Sam. 3:3) he had lusted for Maacah bat Talmai king of Geshur, while he had gone to war.²By having sexual relations while at war with Saul (II Sam. 3:1), David was disobeying the Mosaic law of warfare. See Deut. 20:7–8. So Absalom came out of him <in this union>, who wanted to kill him and (according to II Sam. 16:22) slept with his wives before the eyes of all Israel and in broad daylight. Also because of him several myriads from Israel were killed. So he made discord in Israel. Also killed were Shimei [ben Gera] (in I Kings 2:46), Sheba ben Bichri (in II Sam. 20:22), Ahithophel (in II Sam. 17:23), Mephibosheth,³There seems to be some confusion between Mephibosheth who was a son of Saul that David had killed (in II Sam. 21:8) and the Mephibosheth who was Saul’s grandson and who was falsely accused of betraying David for Absalom (II Sam. 16:3; but cf. 19:24–30). and Ishbosheth (in II Sam. 4:7). Moreover <David> had Ziba rule over the whole house of Saul (II Sam. 16:4; cf. II Sam. 9:9). It is also taught: R. Jose says:⁴Sanh. 72a. Is it because A DEFIANT AND REBELLIOUS SON ate half a pound⁵Gk.: litra. of meat and drank half a log of wine that Torah says for one to go out to the place for <execution by> stoning (cf. Deut. 21:18–21)? It is simply that Torah has foreseen the end of A DEFIANT AND REBELLIOUS SON, that he ends up squandering his father's assets with wastrels with whom he eats and drinks, until he seeks what he has been accustomed to and does not find it.⁶Cf. Luke 15:14–16. Then he goes out to the crossroads, where he kills people and robs⁷Melastem, from the Gk.: lestes (“robber”). them. So Torah is saying: Let him die innocent and not die guilty, for the death of the wicked is fitting for them and fitting for the world. And what is written after that (in vs. 22)? AND WHEN SOMEONE IS GUILTY OF A CRIME PUNISHABLE BY DEATH AND IS PUT TO DEATH. If he is delivered from the one,⁸I.e., the preventive punishment as A DEFIANT AND REBELLIOUS SON. he is not delivered from the other. We have learned (in Avot 4:2): THAT <ONE> TRANSGRESSION BRINGS ABOUT <ANOTHER> TRANSGRESSION; <ONE> GOOD DEED/COMMANDMENT BRINGS ABOUT <ANOTHER> GOOD DEED/COMMANDMENT.⁹In the text of Avot the clauses are reversed. For the correct order, see the beginning of the paragraph. Note also that the word for GOOD DEED (mitswah) also means COMMANDMENT and that the midrash has both meanings in mind. Where is it shown (in Scripture)? Where it is stated (in Deut. 22:6–7): WHEN YOU COME ACROSS A BIRD NEST…. YOU MUST SURELY LET <THE MOTHER> GO …, IN ORDER THAT IT MAY BE WELL WITH YOU AND YOU MAY LENGTHEN YOUR LIFE. What is written after that (in vs. 8)? [WHEN YOU BUILD A NEW HOUSE, <YOU SHALL MAKE A PARAPET FOR YOUR ROOF>.] You have the right to build a house and make a parapet. What is written after that (in vs. 9)? YOU SHALL NOT SOW YOUR VINEYARD WITH TWO KINDS OF SEED. You do have a right to <possess> a vineyard and to sow a field. What is written after that (in vs. 10)? YOU SHALL NOT PLOW WITH AN OX AND AN ASS <TOGETHER>. You do have a right to <possess> oxen and asses. What is written after that (in vs. 11)? YOU SHALL NOT WEAR INTERWOVEN STUFF, <WOOL AND FLAX TOGETHER>. You do have the right to nice clothes of wool and of linen (but not in combination). What is written after that (in vs. 12)? YOU SHALL MAKE YOURSELVES TASSELS. You have a right to the commandment on tassels. What is written after that (in vs. 13)? WHEN A MAN TAKES A WIFE. A man has a right to a wife and children. We learn (in Avot 4:2): THAT <ONE> GOOD DEED/COMMANDMENT BRINGS ABOUT <ANOTHER> GOOD DEED/COMMANDMENT; therefore the parashot are dependent on each other.

(Deut. 21:10:) “When you go out to war [against your enemies, and the Lord your God gives them into your hand and you take them captive].” Our masters have taught (Avot 4:2), “[One] good deed/commandment brings about [another] good deed/commandment, and [one] transgression brings about [another] transgression.” (Deut. 21:11-12:) “And when you see among the captives a woman of pretty form [whom you desire to take for a wife. And you shall bring her into your house,] where she shall shave her head and do her nails,” so that she will not find favor in his eyes.¹See Deut. R. 6:4. What is written after that (in vs. 15), “When a man has two wives.” Two [wives] in [one] house [means] strife in the house. And moreover (ibid., cont.) “one loved and the other hated,” or both of them hated. What is written after that (in vs. 18)? “If one has a defiant and rebellious son.” Whenever anyone marries a “woman of pretty form,” there results from it a defiant and rebellious son. Thus we find it so in the case of David, because (as suggested by II Sam. 3:3) he had desired Maacah bat Talmai king of Geshur, while he had gone to war; so Absalom came out of him [in this union. The latter] wanted to kill him and (according to II Sam. 16:22) slept with his ten concubines before the eyes of all Israel and in broad daylight. Also because of him several myriads from Israel were killed. And he created discord in Israel, [through which] were killed Shimei ben Gera (in I Kings 2:46), Sheba ben Bichri (in II Sam. 20:22), Ahithophel (in II Sam. 17:23). And he killed Mephibosheth,²There may be some confusion between Mephibosheth who was a son of Saul that David had killed (in II Sam. 21:8) and the Mephibosheth who was Saul’s grandson and who was falsely accused of betraying David for Absalom (II Sam. 16:3; but cf. 19:24–30). and had Ziba rule over the whole house of Saul (II Sam. 16:4; cf. II Sam. 9:9). It is taught: R. Jose says,³Sanh. 72a. “Is it because a defiant and rebellious son ate half a pound⁴Gk.: litra. of meat and drank half a log of undiluted wine that the Torah says for him to go out to the court and be [executed by] stoning (cf. Deut. 21:18-21)? It is simply that Torah has foreseen the end of the thinking of a defiant and rebellious son. As in the end he will squander his father's assets with wastrels with whom he eats and drinks, until he seeks what he has been accustomed to and does not find it. Then he goes out to the crossroads, where he kills people and robs⁵Melastem, from the Gk.: lestes (“robber”). them. So the Torah is saying, ‘Let him die innocent and not die guilty,’ for the death of the wicked benefits them and benefits the world.” And what is written after that (in vs. 22)? “And when someone is guilty of a crime punishable by death and is put to death.” If he is delivered from the one,⁶I.e., the preventive punishment as A DEFIANT AND REBELLIOUS SON. he is not delivered from the other. [Hence] we have learned “[One] transgression brings about [another] transgression.” [But that one] good deed/commandment brings about [another] good deed/commandment,⁷In the text of Avot the clauses are reversed. For the correct order, see the beginning of the paragraph. Note also that the word for GOOD DEED (mitswah) also means COMMANDMENT and that the midrash has both meanings in mind. where is it shown (in Scripture)? Where it is stated (in Deut. 22:6-7), “When you come across a bird nest…. You must surely let [the mother] go …, in order that it may be well with you and you may lengthen your life.” What is written after that (in vs. 8)? “When you build a new house, [you shall make a parapet for your roof].]” You will merit to build a house and make a parapet. What is written after that (in vs. 9)? “You shall not sow your vineyard with two kinds of seed.” You will merit to [possess] a vineyard and to sow a field. What is written after that (in vs. 10)? “You shall not plow with an ox and an ass [together].” You will merit to [possess] oxen and asses. What is written after that (in vs. 11)? “You shall not wear interwoven stuff, [wool and flax together].” You will merit to [possess] nice clothes of wool and of linen. What is written after that (in vs. 12)? “You shall make yourselves tassels.” You shall merit the commandment of tassels. What is written after that (in vs. 13)? “When a man takes a wife.” You shsll merit to [have] a wife and children. Behold, we have learned that [one] good deed/commandment brings about [another] good deed/commandment and one] transgression brings about [another] transgression. Therefore these sections of the Torah are adjacent to one another.

When Rabbi Yosei of Milḥaya died, Rabbi Yoḥanan and Reish Lakish went up to perform an act of kindness¹³⁶They went to participate in the funeral. and Rabbi Yitzḥak Pesaka went up with them. There was a certain elder there who sought to ascend and begin eulogizing him, but they did not allow him to do so. Rabbi Yitzḥak Pesaka said to him: ‘Before these lions of Torah you open your mouth?’ Rabbi Yoḥanan said to them: ‘Leave him, as he is an elder. Let him ascend and be honored in his place.’¹³⁷Since he is an elder and a local, let him deliver the first eulogy. He ascended, began, and said: ‘We find that the departure of the righteous is more difficult before the Holy One blessed be He than the ninety-eight rebukes in Mishne Torah¹³⁸This is a reference to the book of Deuteronomy. The reference is to the warnings of punishment in Deuteronomy 28:15–68. and the destruction of the Temple. In the rebukes it is written: “The Lord will render your blows extraordinary [vehifla]” (Deuteronomy 28:59).¹³⁹The Lord will strike you with extraordinary blows. Regarding the destruction of the Temple it is written: “She has declined extraordinarily [pela’im].” However, regarding the departure of the righteous it is written: “Therefore, behold, I will continue to bewilder [lehafli] this people, bewilderment [hafleh] upon bewilderment [vafeleh]” (Isaiah 29:14). Why to that extent? “The wisdom of her wise will be lost and the understanding of her men of understanding will be concealed” (Isaiah 29:14).’ Rabbi Yitzḥak Pesaka said: ‘May the mouth of this man be blessed.’ Rabbi Yoḥanan said to him: ‘Had we not allowed him, from where would we have heard this pearl?’
The Divine Spirit was shouting and saying: “See, Lord, my affliction, for the enemy has expanded.”¹⁴⁰The midrash has returned to explicating the verse in Lamentations 1:8. The point is that the first part of the verse is a description of what has happened, whereas the phrase “see, Lord…” is the prophet, influenced by the Divine Spirit, calling out to God. “Evildoers dig pits for me that do not accord with Your Torah” (Psalms 119:85). Rabbi Abba bar Kahana said two [examples]: It is written: “Do not take the mother with the young” (Deuteronomy 22:6), and here: “A mother was torn apart with her children” (Hosea 10:14);¹⁴¹The Torah prohibits trapping the mother bird while she is with her young, but the enemies attacked mothers in the presence of their children. that is, “that do not accord with Your Torah.”
Rabbi Abba bar Kahana said another: It is written: “To eradicate an infant from the street” (Jeremiah 9:20), but not from the synagogues; “young men from the squares” (Jeremiah 9:20), but not from the study halls. But here, “the wrath of the Lord arose against them…[He struck down the young warriors among them]” (Psalms 78:31);¹⁴²The “young warriors” refers to those involved in the study of Torah. At times the debate of matters of halakha in the course of study is compared to war (see, e.g., Megilla 15b). Alternatively, some suggest that the correct version of the text is as cited in Yalkut Shimoni, Tehillim 877, which provides a different prooftext: “Who slew their young men with the sword in the house of their sanctuary” (II Chronicles 36:17) (Rabbi David Luria; Etz Yosef). that is, “that do not accord with Your Torah.”
Rabbi Yehuda ben Rabbi Simon said two [examples]: It is written: “An ox or a sheep, it and its offspring you shall not slaughter on one day” (Leviticus 22:28), but here, child and mother were killed on one day, as it is stated: “A mother was torn apart with her children” (Hosea 10:14); that is, “that do not accord with Your Torah.”
Rabbi Yehuda ben Rabbi Simon said another: It is written: “Who will hunt game of a beast…he shall [pour out its blood and] cover it with dirt” (Leviticus 17:13). But here, “They spilled their blood like water around Jerusalem, and there was no one to bury them” (Psalms 79:3); that is, “that do not accord with Your Torah.”
Rabbi Berekhya said: The congregation of Israel said before the Holy One blessed be He: ‘Master of the universe, You afforded burial to donkeys, but to Your children You did not afford burial.’ You afforded burial to donkeys, these are the Egyptians. That is what is written: “Whose flesh is the flesh of donkeys” (Ezekiel 23:20). And Rabbi Berekhya said: Because the sea would cast them to the dry land and the dry land cast them to the sea. The sea said to the dry land: ‘Accept your people,’ and the dry land said to the sea: ‘Accept your people.’ The dry land said: ‘If when I accepted only Abel’s blood, it is stated in my regard: “Cursed is the land” (Genesis 3:17), how can I accept the blood of this entire multitude?’ [This continued] until the Holy One blessed be He took an oath to it that He would not place it on trial. That is what is written: “You extended Your right hand; the earth swallowed them” (Exodus 15:12). The right hand is nothing other than an oath, as it is stated: “The Lord took an oath by His right hand” (Isaiah 62:8). But to your people, you did not afford burial, that is, “that do not accord with Your Torah.”