ספר דברים - פרשת כי תצא - כד:ה-יג - ששי

When a man takes a new wife, the Torah says, "Lo yeitzei batzovo"—he shall not go out in the army. "Ve'lo ya'avor alav lechol davar"—nothing should pass over him, meaning, as Rashi will explain, no army needs will be placed on him. "Noki yiye leveisoi"—he shall be cleared for his home, meaning he should be able to spend time at home for one year. "Vesimach es ishtoi asher lokach"—he should delight and make his wife happy, the one that he has taken.

The teacher explains that this verse establishes a special exemption for a man who has just married: he is not drafted into the army, nor is he assigned any military-related tasks. Instead, he is given a full year to be at home and to bring joy to his wife. The teacher emphasizes that this is not just about not going to war, but also about not being given any responsibilities connected to the army, so that he can focus on building his new home and relationship.

Rashi on "Isha chadosha"—a new wife—explains that she is new to him. This means that even if she is an almona, a widow who has already been married before, she is still considered a new wife to him because it is the first time she is marrying him. Therefore, the laws of "noki yiye leveisoi, shona echos"—that he should be cleared for a year—apply to her as well. However, this excludes "lemachzir grushosoi"—one who brings back his divorcee. If a man divorced his wife and then remarries her, she is not considered an "isha chadosha" for this halacha, and he does not receive the exemption of a full year at home.

On the phrase "ve'lo ya'avor alav"—and it should not pass over him—the teacher explains, based on Rashi, that this refers to "devar hatzovo," the things of the army. In other words, all army-related matters should not be imposed on him. Rashi clarifies that "le'chol davar" means anything that is necessary and required for the army. For example, he should not be required to supply water or food, which are needs for the army, nor should he be required to fix up the roads. These are all considered army needs from which he is exempt during his first year of marriage.

The teacher elaborates that this exemption is unique to the newly married man. However, those who return from the battles of war by the instruction of the kohein—such as someone who built a house but did not dedicate it, or someone who betrothed a woman but has not yet married her—are sent back from the battlefield, but they are still required to supply water and food and to fix the roads. The exemption of not doing anything, "lo ya'avor alav lechol davar," applies only to the one who has married a new woman. For one year, he is completely released from all army-related duties and can focus solely on his home.

Rashi on "yiye leveisoi"—he should be for his house—teaches that this means "af bishvil beiso," also for the needs of his house. If a person built a home and dedicated it, or if he planted a vine and exchanged it for money (as is done with Neta Revai in the fourth year), he is exempt from all war needs, including supplying water and food, as long as it is for the needs of his house. Once he has begun to live in his house or to consume the Neta Revai, he will not be moved from his home for the needs of the war. This is in contrast to the earlier situation, where if he had not yet dedicated the house or married, he would still be required to supply these needs. Once he has begun, he is exempt.

Rashi on "leveisoi"—this refers to his house, as explained previously. The exemption applies specifically to his home.

Rashi on "yiye"—the word "yiye" comes to include "karmoi," his orchard. In the previous Rashi, we learned that there are two things that would exempt a man from army needs: if he built a house or if he planted an orchard. So "leveisoi" refers to the house, and "yiye" comes to include the orchard as well.

Rashi on "vesimach"—he should rejoice—teaches that it means "yesamach es ishtoi," he should delight and make his wife happy. The Targum Onkelos translates it as "veyachdei yat istatei," that he should make his wife happy. Rashi points out that anyone who translates it as "he should rejoice together with his wife" is making a mistake. That is not the translation of "vesimach"; rather, "vesimach" means to make someone else happy, specifically that he should make his wife happy, not just be happy together with her.

One should not take as collateral either the lower or the upper millstone. The Torah says, Lo Yachavol Rechayim VeRochev, meaning you should not take as a mashkin, as a security, either the lower or the upper part of a mill. The reason is ki nefesh hu chovel—because you are taking a life as security. The teacher explains that this means you should not take as collateral the items from the mill, since these are essential for preparing food, and by taking them you are essentially taking away the person's ability to live.

Rashi explains Lo Yachavol: If someone comes to the court to get a security, to take a collateral for a debt that he is owed, the court should not take as collateral items that are used to prepare food for the soul—meaning necessary articles for making food. This is specifically when the collateral is being taken against the borrower's will, through the court. If, however, the borrower himself gives a collateral at the time of the loan, he can give whatever he wants. But when the court is involved and is taking a collateral from him, they should not take items related to food preparation.

Rashi explains the word Rechayim: This refers to the lower millstone, the bottom part of the mill.

Rashi explains Rochev: This is the upper millstone, the top part. The word Rochev comes from the idea that it rides on top of the lower stone.

If a person is found stealing a soul from among his brothers, from the children of Israel, and he treats him as a slave and sells him, then that thief must be put to death, and you must remove the evil from among you. The teacher explains that this refers to someone who kidnaps a Jewish person, uses him as a slave, and then sells him. The Torah says that such a thief should be put to death. The phrase uvi'arta hara mikirbecha means you should clear out the evil from among you.

Rashi explains Ki Yimatze: This means when it is found through witnesses—there must be witnesses who testify that this person kidnapped and sold another, and there must also be a warning given to the perpetrator. Only if there are witnesses and a warning can the person be punished with death. Rashi adds that this is the meaning of Ki Yimatze anywhere in the Torah: it means there are witnesses and a warning.

Rashi explains Ve'his'amer bo: The kidnapper is not liable for the death penalty until he actually uses the victim as a slave. Only when he makes the kidnapped person work for him as a slave does the penalty of death apply.

This verse discusses the prohibition against kidnapping. If a person is found stealing a soul from among your brothers, meaning he kidnaps a Jewish person, treats him as a slave, and then sells him, that thief must be put to death, and you must remove the evil from among you. The teacher explains that the phrase 'if he is found' refers to witnesses coming and testifying that this person kidnapped and sold someone, and that he was warned not to do so but did it anyway. Only with witnesses and a warning does the penalty of death apply. The teacher adds that this is the case for every instance in the Torah where it says 'ki yimotze'—it means there are witnesses and a warning. Furthermore, the person is not liable for the death penalty until he actually uses the kidnapped person as a slave; only then does the punishment apply.

This verse commands to be careful with the plague of tsoras—to guard oneself very much and to do as all that the kohanim and leviim instruct, as God has commanded. The teacher explains that this is referring to all the laws and details about what is considered a plague of tsoras and what is not, and that it is the kohein who decides. Therefore, whatever the kohanim instruct, you must listen and do, as God has commanded them.

On the phrase 'hishamer b'nega ha-tsoras'—be careful with the plague of tsoras—Rashi explains that the Torah is warning specifically not to try to remove any of the signs of tumah (impurity) from the tsoras. You should not tear out the signs of impurity, such as certain hairs or peel off the skin, nor should you cut off the bright spot, the baheres, which would be a sign of impurity. The teacher elaborates that these are the things that would make a person impure, and the Torah warns not to tamper with them in order to avoid being declared impure.

The phrase 'as all that they teach you' refers to following whatever the kohanim instruct regarding tsoras. The teacher explains that this includes whether the kohein says to lock the person away for another period to see if the condition changes, to decide that the person is definitely impure, or to declare the person pure. In all these cases, whatever the kohanim tell you, you must listen to and do.

This verse says to remember what God did to Miriam on the way when you left Egypt. The teacher explains that this is a warning: if you want to be careful not to be punished with tsoras, as discussed in the previous verse, you should not speak lashon hara—slander or derogatory speech. The Torah tells you to remember what happened to Miriam, who was punished with tsoras because she spoke about her brother, Moshe Rabbeinu, and was then stricken with the plague of tsoras. This is the follow-up to the previous verse about tsoras.

On the phrase 'remember what God did to Miriam,' Rashi explains that this is to warn you: if you want to be careful not to be punished with tsoras, do not speak lashon hara. Remember what was done to Miriam—she spoke about her brother and was punished with negaim (plagues of tsoras).

This verse discusses the laws of taking collateral for a loan. When you lend your friend anything, you should not enter his house to take the security. The teacher explains that the literal meaning of 'tashe' is that you obligate your friend—he owes you something because you lent him. The verse is saying that even though your friend owes you, you are not allowed to go into his house to take the collateral for the loan.

On the phrase 'ki tashe bere'acho,' Rashi explains that it means you obligate your friend—he owes you something. The teacher adds that 'mashas me'uma' means a debt of anything, whatever he may owe you.

Rashi explains the phrase mashas me'uma as referring to a debt of anything, even the smallest amount. The word me'uma means 'anything,' so this is talking about any kind of debt, no matter how insignificant it may be.

The verse says, 'You shall stand outside, and the man whom you are demanding from, who owes you, should bring out to you the collateral, the security, outside.' The teacher explains that when you lend your friend a loan of anything, you are not allowed to enter his house to take the security. Instead, you have to stand outside, and the person who owes you the money must bring the collateral out to you. This is a matter of respect and privacy for the borrower; you cannot just barge into his home to take what is owed to you. The Torah is teaching sensitivity to the borrower's dignity.

The verse says, 'And if he is a poor man, do not sleep with his security.' The teacher explains that this is not just about not sleeping on his security, like not sleeping on his pillow or whatever item you have as collateral. That would be prohibited even if the borrower was wealthy. Rather, the verse means that you should not keep his security overnight when he needs it. For a poor person, the collateral might be something he desperately needs, and since he doesn't have anything else, you are not allowed to keep it from him overnight. The Torah is emphasizing compassion for the poor borrower, ensuring he is not deprived of his basic needs because of his poverty.

Rashi explains the phrase 'lo tishkav be'avoto' as meaning 'do not sleep while his collateral is with you.' In other words, you should not keep his security overnight when he needs it. This is not just about not sleeping on the item itself, but about not holding onto the collateral when the poor person requires it for his own use. The Torah is teaching that you must return it to him when he needs it, especially if he is poor and has no other means.

The verse says, 'You shall certainly return to him the collateral when the sun sets, so he can sleep in his garment, and he will bless you. And to you it will be counted as a merit before Hashem your God.' The teacher explains that if the collateral is a garment that the borrower uses at night, you must return it to him at sunset so he can use it. If it is a garment for daytime use, then you must return it to him in the morning so he has it for the whole day. The Torah is teaching that the lender must be sensitive to the borrower's needs and return the collateral at the appropriate time. The teacher also notes that this law was already written earlier in Parshas Mishpotim, in Shemos 22:26, where it says to return the garment until the sun comes. The idea is that the borrower should always have what he needs, whether it's day or night. The verse continues, 'and he will bless you.' Rashi explains that by returning the collateral, the borrower will bless you. But even if he does not bless you, the Torah says, 'to you it will be counted as a merit.' So whether or not you receive a blessing from the borrower, returning the collateral is a mitzvah and is considered a merit before Hashem.

Rashi explains the phrase "when the sun sets" as follows: If the collateral is a garment that is used at night, then you must return it to the borrower when the sun sets, so he can use it for sleeping. However, if it is a garment that is used during the day, then you must return it to him in the morning, so he has it for the entire day. This is not just an idea found here; it was already written earlier in Parshas Mishpotim, in Shemos chapter 22, verse 25, where it says, "until the sun comes, you shall return it to him," meaning that you should return it to him for the whole day. When the sun sets, you may take it back. So, the Torah is teaching that the lender must ensure the borrower has his garment when he needs it, whether that is during the day or at night, depending on the type of garment.

Rashi explains the phrase "and he will bless you" as follows: By returning the collateral to the borrower, he will bless you. But even if he does not bless you, the Torah says, "to you it will be considered a merit." In other words, whether or not the borrower actually blesses you, the act of returning the collateral is itself a merit and will be considered a righteous deed before God your God.