Excerpt Browser

This page displays the full text of excerpts.  When viewing a single excerpt, its “Share,” “Switch Article,” and “Comment” functions are accessible.

DEUTERONOMY — 25:3 lashes

DEUT1427 That which our Sages, z"l, said (Yoma 86a) concerning one who has committed a desecration of Hashem's Name, that repentance together with Yom Kippur suspend [the atonement] in death purges--this is because death purges any sin, after full repentance [Lit., "excellent repentance." Without repentance, even death cannot atone.] If one is killed and confesses his sins before death [I.e., including the sin of desecrating Hashem's Name (Sha'arei Teshuvah Hameforash)], from the moment that the fear of death falls upon him he is atoned for [It would appear that according to Rabbeinu Yonah, it is the fear of death that atones, even before death itself (Zeh Hasha'ar). Thus, the murderer has killed a pious person] and his murderer is regarded as having spilled the blood of an innocent and pious person, as the pasuk says (Tehillim 79:2), "[They have given...] the flesh of Your pious ones to the beasts of the earth." [This chapter in Tehillim refers to the destruction of the Beis HaMikdash by the Babylonians]. Our Sages, z"l, explained (Midrash Tehillim 79) that ["pious ones"] refers also to the wicked among them, on whom the pasuk says (Yirmeyahu 5:8), "They were well-fed horses, arising early." [The rest of the verse reads, "each one neighing to his neighbor's wife," I.e., they were adulterers. Even so, the verse calls them pious, lamenting what the Babylonians did to them.] They were regarded as pious because they received the justice due them, as the pasuk says [this verse], "[Lest he beat him more than these…] And your brother [will thus] be degraded in your eyes"--once lashes have been administered, he is like your brother. [The Torah prohibits giving the sinner even one lash more than required by law. Once he has received his lashes, he is no longer a sinner, but "your brother." Here too, once the wicked adulterers repented and were faced with eminent death, they were considered "pious ones."]

SHOW FULL EXCERPT

DEUTERONOMY — 25:3 punishment

DEUT1428 Do not overdo physical punishment. If someone has committed a transgression whose punishment is lashes, the court is forbidden to administer the punishment without first estimating how many lashes the person will be able to endure. The court considers that person's age, strength, physical and emotional health and so on. If the court determines that he is capable of bearing thirty-nine lashes, then this is the number that he is given. If the court estimates that he cannot bear thirty-nine, he is given only the number that it appears that he can bear, and no more. Similarly, the court is forbidden to give anyone any more than thirty-nine lashes. An important teaching: If we are forbidden to strike a sinner, all the more so are we forbidden to strike others. In fact, our Sages forbid us to even gesture that we intend to strike a blow to a fellow Jew. They teach (Sanhedrin 58b), “Anyone who raises his hand to strike his fellow Jew is called a wicked man (rasha).” One should never strike a blow to anyone, except if someone has sinned and the court must give him lashes.

SHOW FULL EXCERPT

DEUTERONOMY — 25:4 muzzle

DEUT1429 [Continued from [[DEUT1311]] Deuteronomy 23:25 eat AMEMEI 9]. In a similar manner, an animal that works in the field around food may not be muzzled so that it is deprived of eating food. Just as the Jew is commanded to rest on the Sabbath, the Torah goes out of its way to state an animal must also rest on the Shabbat, to equate the animals in this aspect of Shabbat with man (Exodus 20:9-10 in the Ten Commandments).

SHOW FULL EXCERPT

DEUTERONOMY — 25:4 muzzle

DEUT1430 Biblical consideration for animals was the basis for the following laws: … An animal which works in an operation that exposes it to food which is eaten by animals must not be muzzled [this verse]. In such circumstances, the prevention of the animal from eating is an act of cruelty. Josephus (1st cent.) places this injunction on a moral plane of equity and fairness. "It is not just to restrain our fellow-laboring animals… of the fruit of their labor" (Antiq. 4:8). The required degree of animal care reached a noble dimension in rabbinic literature. It is forbidden to buy animals or fowl unless preparation of food for their sustenance has been made in advance. (Jer. Yevamot 15:3). Rav (3rd cent.) is the author of a rule which stipulates that owners must feed their animals first before sitting down to enjoy their own meals (Berachot 40a). It is important to bear in mind that Rav's rule applies exclusively to owners, since they bear a responsibility for the feeding of their cattle. No such preference is proper when one has to satisfy the needs of a hungry guest and his hungry animal. The interest of man must precede that of an animal. The major concern for the welfare of man has led the rabbis to discourage the raising of dogs. A dog which attacks or frightens strangers will inevitably deter the poor from entering a home for the purpose of soliciting charity or help (Shabbat 63a). For the same reason the rabbis urged that all dogs be kept on a leash (Baba Kama 79b).

SHOW FULL EXCERPT

DEUTERONOMY — 25:4 muzzle

DEUT1431 Do not muzzle an animal during its labors. Key concept: To instill in ourselves noble character traits, such as kindness and sympathy. This mitzvah is meant to incline one's heart towards the good, so that we pursue it and never swerve from it. By accustoming ourselves to human treatment of beings that were created only to serve us, we will custom ourselves to benevolent behavior towards our fellows in every way possible. Such is fitting for the Chosen People.

SHOW FULL EXCERPT

DEUTERONOMY — 25:4 muzzle

DEUT1432 Let us analyze this. The interdict against muzzling applies to all animals. If so, let it be written: "You shall not thresh with muzzling." Why does Scripture specify "an ox"? To liken the muzzler [i.e., a man] to the muzzled [i.e., an animal], and the muzzled to the muzzler, viz.: Just as the muzzler [a hired laborer] it Is permitted to eat of what is rooted in the ground, so the muzzled must be permitted to eat of what is rooted in the ground; and just as the muzzled eats of what is "torn" [from the ground, i.e., the "threshing"], so, the muzzler must be permitted to eat of what is "torn" [if that is what he is working with] (Bava Metzia 89a)

SHOW FULL EXCERPT

RSS
First262728293031323334353637384042434445
Back To Top