신명기 21:1의 인용 해설

Introduction The first part of the last chapter of Sotah discusses the ceremony in which the neck of a heifer is broken in order to atone for a murder whose murderer has not been identified. This ceremony is described in Deuteronomy 21:1-9.

[The declaration over] the heifer whose neck is to be broken must be in the holy tongue; as it is said, “If a corpse is found slain on the land … then your elders and judges shall go out” (Deuteronomy 21:1-2)--three used to go out from the high court in Jerusalem. The reason that this biblical passage is discussed here is that the declaration over the heifer must be made in Hebrew (the content of the declaration will be discussed below). However, the mishnah does not say why this is so. According to the Talmud, this is based on a midrash on the words, “And they shall answer and they shall say” (vs. 7). As we have seen in earlier mishnayoth, “they shall say” is interpreted to mean that they must say in Hebrew. After stating that the declaration must be made in Hebrew, the mishnah continues to discuss how the entire ceremony is performed, and when it is performed. According to the first opinion, three judges would go out from the high court in Jerusalem to determine which town was the closest to the dead body.

שלוש ערים תבדיל, after Moses had explained the function of the judges, the king, the priests, and the prophets, Moses now details some of the tasks that fall under the jurisdiction of the judges, among them the establishment of the cities of refuge, the boundaries of the land, the examination of witnesses to establish that their testimony is truthful and accurate, and that they are acceptable as witnesses. Next, he deals with the tasks that fall within the competence of the king, such as leading the nation in war, especially aggressive wars beyond the boundaries of the land of Israel. (20, 1-9) The priests also have a role to play during the preparation of what are termed מלחמת רשות, “halachically permissible wars,” although they are not fought in order to repel invaders. The priests and judges cooperate in some of their duties, especially the עגלה הערופה, the calf killed when a murder in the field was unresolved. (21,1-9)