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Deuteronomy Chapter 22
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Returning Lost Articles
22:1 If you see your brother's ox or sheep going astray, you must not ignore them. You must return them to your brother.
22:2 If your brother is not near you, or if you do not know who [the owner is], you must bring [the animal] home and keep it until your brother identifies it, whereupon you must return it to him.
22:3 You must do the same to a donkey, an article of clothing, or anything else that your brother loses and you find. You must not ignore it.

The Fallen Animal
22:4 If you see your brother's donkey or ox fallen [under its load] on the road, you must not ignore it. You must help him pick up [the load].

Transvestism
22:5 No male article shall be on a woman, and a man shall not wear a woman's garment. Whoever does such practices is revolting to God your Lord.

The Bird's Nest
22:6 If you come across a birds's nest on any tree or on the ground, and it contains baby birds or eggs, then, if the mother is sitting on the chicks or eggs, you must not take the mother along with her young.
22:7 You must first chase away the mother, and only then may you take the young. [If you do this] you will have it good, and will live long.

Guard-Rails; Mixed Agriculture
22:8 When you build a new house, you must place a guard-rail around your roof. Do not allow a dangerous situation to remain in your house, since someone can fall from [an unenclosed roof].
22:9 Do not plant different species in your vineyard. [If you do so] the yield of both the crops you planted and the fruit of the vineyard will be forfeit.

Forbidden Combinations
22:10 Do not plow with an ox and donkey together.
22:11 Do not wear a forbidden mixture, where wool and linen are together [in a single garment].

Bound Tassels
22:12 Make yourself bound tassels on the four corners of the garment with which you cover yourself.

The Defamed Wife
22:13 [This is the law in a case] where a man marries a woman, cohabits with her, and then finds himself hating her.
22:14 He therefore invents charges against her, framing her and saying, 'I have married this woman and have consummated the marriage. But I have found evidence that she has not been faithful.'
22:15 The girl's father and mother, however, then obtain evidence of their daughter's virtue, and present it to the city elders in court.
22:16 The girl's father shall then declare to the elders, 'I have given my daughter to this man as a wife, but he has grown to hate her.
22:17 He has therefore invented charges against her, and claims that he has evidence that she has not been faithful to him. But here is evidence of my daughter's virtue.' With that, [the girl's parents] shall present their case before the city elders.
22:18 The city elders shall then take the man and flog him.
22:19 They shall fine him 100 [shekels] of silver [as a penalty] for defaming an Israelite virgin, and give it to the girl's father. [The man] must then keep [the girl] as his wife, and may not send her away as long as he lives.

If the Accusation is True
22:20 If the accusation is true, however, and the girl does not have evidence of her innocence,
22:21 then they shall take her out to the door of her father's house, and the people of her city shall put her to death by stoning. She has brought sexual immorality to her father's house, doing a shameful thing in Israel. You must therefore rid yourself of the evil in your midst.

Penalty for Adultery
22:22 If a man is found lying with a married woman, both the woman and the man lying with her shall be put to death. You shall thus rid Israel of evil.

The Betrothed Maiden
22:23 [This is the law] where a virgin girl is betrothed to one man, and another man comes across her in the city and has intercourse with her.
22:24 Both of them shall be brought to the gates of that city, and they shall be put to death by stoning. [The penalty shall be imposed on] the girl because she did not cry out [even though she was] in the city, and on the man, because he violated his neighbor's wife. You shall thus rid yourselves of evil.

Rape
22:25 However, if the man encountered the betrothed girl in the field and raped her, then only the rapist shall be put to death.
22:26 You must not impose any penalty whatsoever upon the girl, since she has not committed a sin worthy of death. This is no different from the case where a man rises up against his neighbor and murders him.
22:27 After all, [the man] attacked her in the field, and even if the betrothed girl had screamed out, there would have been no one to come to her aid.

The Unmarried Girl
22:28 If a man encounters a virgin girl who is not betrothed and is caught raping her,
22:29 then the rapist must give the girl's father 50 [shekels] of silver. He must then take the girl he violated as his wife, and he may not send her away as long as he lives.



Commentary:

You must return them...
  See Exodus 23:4.

identifies it
  (Bava Metzia 28a).

under its load
  (Bava Metzia 32a; Ralbag). See Exodus 23:5.

pick up the load
  (Sefer HaMitzvoth, Positive 203; Rashi).

male article
  Clothing (Septuagint). But this also includes weapons (Nazir 59a), and, according to some, tefillin and tzitzith (Targum Yonathan; cf. Eruvin 96a; Orach Chaim 38:3 in Hagah).

bird's
  Only a kosher bird (Chullin 139b).

along with
  (Sefer HaMitzvoth, Negative 306; Chinukh 544; Chakham Tzvi 83; Septuagint; Bachya; Chizzkuni; cf. Chullin 141a). Or, 'from on' (Targum Yonathan; Sifri; Tur, Yoreh Deah 292. Cf. HaKethav VeHaKabbalah; Minchath Chinukh 544).

first
  (see Chiddushey HaRan, Chullin 139a; Teshuvoth Rashba 18, 3:283). However, some maintain that it is a meritorious deed to send away the mother even if one does not wish to take the young (Teshuvoth Chavvoth Yair 67; cf. HaKethav VeHaKabbalah).

new house
  The same is true if one buys a house (Sifri), or rents one (Yad, Sekhiruth 6:3). However, some maintain that the latter cases are obligations only by rabbinical legislation (Hagahoth Maimonioth, on Yad, Rotze'ach 11:1; Tzafenath Paaneach).

guard-rail
  At least 10 handbreadths (30') high (Bava Bathra 61a; Yad, Rotze'ach 11:1,3).

different species
  See Leviticus 19:19 (Berakhoth 22a; Sefer HaMitzvoth, Negative 216; Yad, Kelayim 5:1; Chinukh 548). The mixtures forbidden in the vineyard are primarily the same as those forbidden otherwise, but if they are planted in a vineyard they become forbidden, for any use at all (Yad, Kelayim 5:4, Maakhaloth Assuroth 10:6). See below.

fruit
  (HaKethav VeHaKabbalah).

forfeit
  (Rashbam; Ralbag). Literally, 'sanctified.' Or, 'an abomination' (Targum), or, 'fit to be burned' (Kiddushin 56b; Targum Yonathan). See note, this verse, 'fruit'.

forbidden mixture
  Shaatnez in Hebrew; see Leviticus 19:19.

wool and linen
  Some say that this was forbidden because such mixtures were reserved for the priests (Baaley Tosafoth; Chizzkuni; Josephus, Antiqities 4:8:11). Others say that it is forbidden because such mixtures were worn by gentile priests (Moreh Nevukhim 3:37; Chinukh 551). Other sources indicate that it is forbidden because sheep were the sacrifice of Abel while linen was the sacrifice of Cain (Pirkey Rabbi Eliezer 21; Tanchuma, Bereshith 9; Chizzkuni).

in a single garment
  (Bachya).

bound tassels
  Gedilim in Hebrew (cf. 1 Kings 7:17; Targum on Exodus 28:22). See Numbers 15:38. The ritual tzitzith-tassels are made by doubling over four threads so that eight appear to be coming from each corner. One of these threads is longer than the rest, and this is wound around the rest. This section, around which a thread is wound, constitutes one third of the length of the tassel, and is called the gedil (Menachoth 39a; Rashi ibid. 39b, s.v. U'Pothli-hu; Rashi on Deuteronomy 32:5). Or, 'doubled tassels' (Sifri; Menachoth 39b).

evidence that...
  That is, two witnesses who saw the girl committing adultery (Sifri; Yad, Naarah Bethulah 3:6; Ralbag from 17:6). Literally, 'I have not found tokens of virginity' (cf. Ramban).

girl's
  This law applies primarily in the case of a girl between 12 and 12 years old (Yad, Naarah Bethulah 3:7).

evidence...
  That is, two witnesses to refute those of the husband (Sifri; Yad, Naarah Bethulah 3:6, 3:12). See Deuteronomy, 19:18.

court
  A local supreme court of 23 judges.

their case
  (Kethuvoth 46a; Yad, Naarah Bethulah 3:12; Ralbag). Literally, 'the garment.' (cf. Ramban).

flog
  39 lashes. (Kethuvoth 46a). Some say that even if the husband merely falsely accuses his bride of not being a virgin, he is also flogged, but he is not given the full penalty of 39 lashes (Chizzkuni).

100 shekels
  (Bekhoroth 49b; Ralbag). This is twice the 50 shekels (Deuteronomy 22:29), which is the normal dowry of a bride (Moreh Nevukhim 3:49; see Exodus 22:2,16).

evidence
  Witnesses to refute those who accuse her of committing adultery (Sifri; Yad, Naarah Bethulah 3:6).

of her father's house
  But only if she was living at home when she committed adultery (Yad, Issurey Biyah 3:9).

found
  By two eyewitnesses (Sifri).

to death
  By strangulation. See Leviticus 20:10.

girl
  Between 12 and 12 years old (Sanhedrin 66b; Yad, Issurey Biyah 3:4). If she is older, the penalty is no longer stoning, but strangulation, as in all cases of adultery.

betrothed
  See note on Exodus 22:15.

gates of that city
  See note on Deuteronomy 17:5. (cf. Yad, Issurey Biyah 3:11).

did not cry out...
  This is considered prima facie evidence that she was not raped (Ramban; Ralbag; see Yehuda HaChasid).

If a man
  See Exodus 22:15,16.

virgin girl
  Only if she is between 12 and 12 (Kethuvoth 38a).

50 shekels
  The normal dowry of a bride (see note on Exodus 22:15).

He must then take
  But only if the girl consents (Yad, Naarah Bethulah 1:3).





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