Komentaryong Sumisipi para sa Deuteronomio 21:6

ופטר חמור – after breaking the neck of the heifer (see Deuteronomy 21:4), all the world admits that it is prohibited to [derive from it] benefit for we draw a conclusion by analogy of "עריפה עריפה" from the heifer whose neck was broken (Deuteronomy 21:6).

AND THE ELDERS OF THAT CITY SHALL BRING DOWN THE HEIFER UNTO A VALLEY ‘EITHAN’ — “which is ‘hard,’ one that has never been tilled.” This is Rashi’s language. And our Rabbis have said³⁶³Sotah 46b. that the field becomes forbidden from ever being tilled or sown. If so, [the words which is neither tilled nor sown]³⁶⁴In Verse 4 before us. are admonitions that he who sows or cultivates [a rough valley in which a heifer’s neck has been broken] transgresses this negative commandment. The meaning of the verse is thus that the elders should take forth the heifer to [what will forever become] “a rough valley” because it will never again be tilled or sown. The meaning of the expression And the priests the sons of Levi shall come near³⁶⁵Verse 5. is in order to recite Forgive, O Eternal, Thy people Israel, whom Thou hast redeemed etc.³⁶⁶Verse 8. And the purport of the verses is as follows: And the priests the sons of Levi shall come near;³⁶⁵Verse 5. and all the elders of that city, who are nearest unto the slain man, shall wash their hands;³⁶⁷Verse 6. and they shall speak and say: ‘Our hands have not shed this blood.’³⁶⁸Verse 7. The washing of hands is to be done only by some of the [elders] mentioned; so also their speaking [‘Our hands have not shed etc.’] is done by some of them, similar to what is stated, And thou shalt eat before the Eternal thy G-d etc. the tithe of thy corn, of thy wine, and of thine oil, and the firstlings of thy herd etc.³⁶⁹Above, 14:23. [meaning “he who is fit to eat,” for it cannot mean that all are to eat, for the Second Tithe may be eaten by all ritually clean Israelites, while the firstlings are eaten only by the priests; here, too, the washing of hands and speaking are done only by some, but not all, of the elders].
Now on the matter of breaking the heifer’s neck Rabbi Abraham ibn Ezra explained³⁶⁸Verse 7. that G-d commanded it to be done for the city which is nearest unto the slain man³⁷⁰Verse 3. because had they not committed a similar sin, it would not have happened that a man be killed near them, and G-d’s thoughts are infinitely profound to us. But the Rabbi [Moshe ben Maimon] said in the Moreh Nebuchim³⁷¹Guide of the Perplexed III, 40. Ramban follows Al Charizi’s translation. In Ibn Tibbon’s text the wording is quite different. that the reason for the breaking of the heifer’s neck is to discover the murderer and to cleanse [the guilt for the innocent] blood. In most cases the murderer comes from the place which is round about him that is slain,³⁷²Verse 2. and when the elders go out and engage in the measuring of the cities, and the elders of the nearest city then bear witness before the Creator that they were not negligent in maintaining and guarding the roads, and that they do not know who killed this man, and as the matter is investigated, the elders gather and bring the heifer, people increasingly speak about it. Then perhaps the matter [of the murderer’s identity] will be solved. The Rabbis have already said³⁷³Yerushalmi Sotah IX, 1. that even if a maidservant comes and declares that a certain person committed the murder, the heifer is not killed [despite the fact that such testimony is not sufficient to convict]. And if the murderer is known and they are silent about him, yet call upon the Creator as their witness that they do not know him, this would be a great wickedness, and whoever knows the slightest thing about it will come and tell. Thus it [the murderer’s identity] will become public knowledge, and he will be killed either through the court, or the king, or the avenger of the blood. This law receives added force because the place in which the heifer’s neck is broken may never be tilled or sown. Those who see [the field] recognize it and discuss it. [Thus far are the words of Rabbi Moshe ben Maimon.] Hence according to this reason there is a benefit in this rite. But the act [i.e., the breaking of the heifer’s neck] is not a pleasing one in itself and it would have been more fitting that it be done in a good field fit for sowing that could be recognized by those who see it, for in “a hard valley,” the reason for not being tilled, will not be obvious [because people will assume that it is left barren due to its stony ground]! In my opinion the reason for it is similar to that of the offerings which are done outside [of the Sanctuary Court], such as the goat sent [to Azazel]³⁷⁴Leviticus 16:22 and 26. and the Red Heifer.³⁷⁵Numbers 19:3. Therefore the Rabbis have counted³⁷⁶This is so counted by Rambam, at the end of Hilchoth Me’ilah. See my Hebrew commentary, p. 440, Note 23. the commandment of breaking the heifer’s neck among the chukim [“the statutes” — the class of commandments for which we do not know the reasons].
Ki Theitzei

AND HE KEPT MY CHARGE. Rashi comments: “As a reward that Abraham hearkened to My voice when I tested him. And he kept My charge — these are the precautionary decrees instituted by the Sages, which are intended to make us avoid the violation of Biblical laws, such as Second Degrees of forbidden marriages and certain prohibited acts on the Sabbath. My commandments — these are precepts which, had they not been written in the Torah, were requisite to have been written, such as robbery and murder. My statutes — these are matters against which the evil inclination and the heathen nations argue, such as the prohibitions against eating the swine and the wearing of garments woven of wool and linen, there being no apparent rationale for them except that they are decrees of the King imposed on His subjects. And My laws — the plural is intended to include, [besides the Written Law], the Oral Law as well as those rules given to Moses from Sinai.” [Thus far the words of Rashi.]
Now if so, all this interpretation is posited on the opinion that Abraham fulfilled and observed the Torah before it was given on Sinai. This is indeed what the Sages of the Midrash said in connection with the verse, And Joseph gave them ‘agaloth’ (wagons),¹³⁶Ibid., 45:21. The word agaloth (wagons) may also mean “heifers,” thus suggesting that as a mark of identification to his father, Joseph gave his brothers a reference to the law of the Heifer (Deuteronomy 21:6) which he studied with his father just before he became separated from him. The Midrash referred to is in Bereshith Rabbah 95:2. thereby indicating to his father that when he left him they were studying the section dealing with Eglah Arufah.¹³⁷See Deuteronomy 21:1-9. Thus Joseph occupied himself with Torah just as his fathers did. Though the Torah had not yet been given, it is still written of Abraham, And he kept My charge, My commandments, My statutes, and My laws.¹³⁸Thus far the Midrash in Bereshith Rabbah, 95:2. There the Sages also said¹³⁹Bereshith Rabbah, ibid. that Abraham observed the details of the Torah, which he taught to his children, etc.¹⁴⁰To his children, as it is said, For I know him that he will command his children and his household after him, etc. (Above, 18:19.) Bereshith Rabbah, ibid.
The question presents itself: If it be the case [that the laws of the Torah were observed by our ancestors before the Torah was given on Sinai], how did Jacob erect a pillar¹⁴¹Further, 28:18. This is forbidden in Deuteronomy 16:22. and marry two sisters in their lifetime,¹⁴²Forbidden in Leviticus 18:18. and, in the opinion of our Rabbis, four sisters.¹⁴³According to Bereshith Rabbah 74:11, Bilhah and Zilpah were also daughters of Laban. Thus Jacob married four sisters: Leah, Rachel, Bilhah and Zilpah. Also, Amram [Moses’ father] married his aunt,¹⁴⁴Exodus 6:20. and Moses our teacher erected twelve pillars.¹⁴⁵Ibid., 24:4. How then was it possible that they should be permissive in matters of Torah which Abraham their ancestor had prohibited on himself, and for which G-d appointed him reward, when he [Abraham] was wont to command his children and his household after him¹⁴⁶Above, 18:19. to walk in His ways? In the case of Jacob the Sages taught that he observed the Sabbath and established borders for Sabbath distances.¹⁴⁷Bereshith Rabbah 79:7. In this matter of the Sabbath it is possible though that Jacob observed it because it is equal in importance to the entire Torah since it testifies to the act of Creation.
Perhaps then we should say that My charge refers to the Second Degree of marriages which were forbidden to the Sons of Noah;¹⁴⁸See Seder Bereshith, Note 222, and Seder Vayishlach, Note 148. My commandments applies to robbery and murder; My statutes refers to the laws against eating a limb torn off from a live animal, as well as breeding mixed kinds of cattle or grafting together different species of trees; and My laws refer to civil statutes and the prohibitions against idol worship. The Sons of Noah were commanded concerning all of these matters, and Abraham observed and fulfilled the Will of his Creator, observing even the details and the strictures of their commandments, even as the Sages mentioned: “The tractate of idolatry of our father Abraham contained four hundred chapters.”¹⁴⁹Abodah Zarah 14b. They further expounded [on the verse referring to Isaac, which says], And he found in that year a hundredfold,¹⁵⁰Further, Verse 12. that he measured the produce for the purpose of tithing,¹⁵¹Bereshith Rabbah 64:6. since the patriarchs were the generous ones of the peoples,¹⁵²Psalms 47:10. giving tithes to the poor or the priests of G-d, such as Shem and Eber and their disciples, just as it is said, And he was a priest of the most high G-d.¹⁵³Above, 14:18. Reference is to Melchizedek, whom tradition identifies as Shem, the son of Noah. See Ramban, ibid.
Now it appears to me from a study of the opinions of our Rabbis that Abraham our father learned the entire Torah by Ruach Hakodesh¹⁵⁴See Note 90. and occupied himself with its study and the reason for its commandments and its secrets, and he observed it in its entirety as “one who is not commanded but nevertheless observes it.”¹⁵⁵The concept of “one who is not commanded but observes” is found in the Talmud (Kiddushin 31 a). His reward is less than that of “one who is commanded and observes.” (Ibid.) The reason for it, as explained in Tosafoth, is that he who is commanded to do a certain mitzvah (commandment) is under tension lest he might not properly fulfill it, while he who is not commanded therein has no responsibility in the matter and may leave it at his will. Consequently, his reward is less. Furthermore, his observance of the Torah applied only in the Land of Israel, whereas Jacob married two sisters only when outside the Land,¹⁵⁶See Leviticus 18:25 where Ramban extends the explanation further by saying that the reason Rachel died as they entered the Land of Israel (35:16-19) was that she was the sister whom Jacob married last. and similarly with Amram who married his aunt. For the Commandments are the ordinance of the G-d of the land,¹⁵⁷II Kings 17:26. even though we have been charged with personal duties in all places. Our Rabbis have already alluded to this secret, and I will yet call your attention to it with the help of G-d.¹⁵⁸See Ramban on Leviticus 18:25. And the matter of the erection of the pillar [by Jacob and Moses referred to above] was a commandment that was innovated at a certain time, as the Sages expounded from the verse, “Neither shalt thou set up a pillar which the Eternal thy G-d hateth,¹⁵⁹Deuteronomy 16:22. He hated it although it was pleasing to Him in the days of the ancestors.”¹⁶⁰Ibid., Sifre. The reason for the change being that the Canaanites afterward had made it an ordinance of idol worship. And with respect to Joseph concerning whom the Sages expounded that he observed the Sabbath even in Egypt,¹⁶¹Bereshith Rabbah 92:4. it was because it is equal in importance to all the commandments, constituting, as it does, a testimony to Creatio ex nihilo.¹⁶²In Hebrew, chiddush (new), thus implying that G-d created a new world out of an absolute void. Therefore Joseph would do so in order to teach his children faith in the Creation of the world, to remove from their hearts the false doctrine of idolatry and the opinion of the Egyptians. This then is the intent [of the Sages when speaking of the patriarchs and their children observing the Torah].
In accordance with the literal meaning of Scripture, you may say that My charge means faith in the Deity, implying that Abraham believed in the unique Divine Name and kept vigilant guard over it in his heart, differing thereby with the worshippers of idols, and calling by the name of the Eternal to bring many to His worship. My commandments refers to all that G-d commanded Abraham: Go out of thy land,¹⁶³Above, 12:1. the bringing of his son as a burnt-offering, and the expulsion of the maid-servant and her son.¹⁶⁴Ibid., 21:12. My statutes refers to walking in the paths of G-d by being gracious and merciful, doing righteousness and judgment,¹⁶⁵See Maimonides, “The Commandments,” Vol. I, pp. 11-12 Soncino edit. Positive Commandment 8. and commanding his children and his household concerning them.¹⁶⁶Above, 18:19. And My Laws refers to the circumcision of Abraham himself and his sons and his servants, as well as all Commandments of the Sons of Noah¹⁴⁸See Seder Bereshith, Note 222, and Seder Vayishlach, Note 148. which constitute their Law.

.(פג ALL THE WORDS OF JOSEPH — As evidence that it was Joseph who was sending this message he had informed them of the religious subject he had been studying with his father at the time when he left him, viz., the section of the Heifer (עגלה) that had its neck broken (Deuteronomy 21:6). It is to this that Scripture refers in the words “And he saw (i.e comprehended the meaning of) the עגלות (here to be taken in sense of Heifer) which Joseph had sent — and it does not state “which Pharaoh had sent” (as one would expect if עגלות meant wagons) (Genesis Rabbah 94:3).