Audio Summaries of the daily Chumash portions In loving memory of Ousher Zelig ben Myer HaLevi Z”L
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Safety Rails. Forbidden Mixtures. Intimate Relations and Marriage.
Chumash now teaches some laws regarding building a new house, acquiring a vineyard, a field and fine clothing.
Rashi explains that this section follows that of the mitzvah of Shiluach HaKan (ie. sending the mother bird away from her young in their nest - see yesterday's post) since if a person performs this commandment, this will lead them to fulfill another commandment (i.e of setting up a safety rail for one's house and all the commandments related to vineyards, fields and clothing ) as one commandment leads to another.
Safety Rails
When a person builds a house, they must make sure to set up a fence around the roof to protect people from falling. Rashi stipulates that a person would only fall from a roof if they were so deserving due to their misdeeds, however this does not excuse a home owner for not taking responsibility for his home as just because a person deserves to fall, that doesn't mean that this misfortune has to come about through him. Good things happen through good people, and bad things happen through bad people.
Forbidden Mixtures
A person may not plant 2 other different species of seeds (Rashi gives wheat and barley as an example) together with grape seeds (i.e for one's vineyard).
One may not lead any two species of animals together either to plow or even to transport any load as a pair.
One may not wear clothing which has wool and linen woven together.
However, one must put twisted threads on the four corners of one's clothing (i.e Tzitzis) and these twisted threads may be made out of a mixture of wool and linen (which is why this law regarding tzitzis is mentioned here).
Some Rules Regarding Intimate Relations and Marriages
If a man marries a woman but then comes to hate her (which is a transgression of the law "do not hate"- see Vayikra 19:17), he will eventually come to slander her saying that he did not find her to be a virgin. In such a case, her parents are to get proof of her virginity and bring it to the elders of the city and the father* is to tell them what happened.
*Side note: Rashi notes that the wording here implies the teaching that a woman is not allowed to speak in public when her husband is there.
These elders are then to strike the accusing husband with lashes and fine him 100 shekels which is to be given to the wife's father and he must stay married to her and is not allowed to ever divorce her.
However if it is proven that this girl did indeed commit adultery (ie. there were witnesses and she was warned), then she is taken to the entrance of her father's house (so as to have him confront the child he raised) and she is to be stoned to death as the men of the city watch.
Both a man and woman involved in committing adultery (defined as a married woman having relations with someone who is not her husband) are to be put to death. This only includes normal intimate relations in which they both derive pleasure.
If such people are sentenced to death but before they are killed they commit adultery with other people, these new people are also liable for death.
If an adulterous woman is pregnant at the time that she is sentenced to death, she is killed with the fetus still inside of her.
If a virgin girl is betrothed to one man and another man finds her* and has relations with her, this second man and the girl are to be stoned to death at the gate of the city. The girl is liable since she didn't refuse the man and the man since he violated the wife of his fellow.
*Side note: Rashi notes that this second man was only able to "find her in the city" because she went out and teaches how an opening in a wall invites a thief. Had she stayed home, he teaches, this would not have happened.
If a man sees a girl who is betrothed in the field and rapes her, only he is to die, not her. Just as in the case of murder, it is permitted for someone to intervene and kill the attacker in order to protect the victim.
If a man has intimate relations with an unbetrothed virgin girl, he is to give 50 shekels of silver to her father and marry her and may never divorce her.
It is forbidden for a man to marry his father's wife, Even after the father passes away, such a betrothal would not be legally binding.
It is also forbidden to marry the widow of his father's brother who died without children as the man's father must either marry this woman or release her through the Chalitza ceremony(see Devarim 25:5).
Any child born of a forbidden relationship punishable by kares (excision - for example marrying the widow of one's father's brother) has the status of a mamazer (i.e. "bastard"). All forbidden relations which are punishable by death are also liable for kares, so any child born from a forbidden relationship which is punishable by death also has the status of a mamzer.
Chumash now lists several types of men who due to their status are forbidden from marrying a Jewish woman (AKA "entering into the assembly of G-d"):
A man who's testicles have been injured or crushed.
A man who's organ is cut such that semen does not flow out in a way, making him unable to produce children.
A mamzer (detailed above). Even after 10 generations. Such a person however is allowed to marry another mamzer or a convert
An Ammonite or Moabite - even someone descendant from such nations 10 generations later. These nations have this restriction as a consequence of their not giving the Israelites bread and water in their travels from Egypt as well as due to Balak who was the king of Moav hiring Bilam to curse the Israelites. The Israelites are never to help these nations.
Ki Teitzei, 3rd Aliya