(Devarim 17:2) "If there be found in your midst, in one of your cities (lit., "gates") which the L-rd your G-d gives you, a man or a woman who would do what is evil in the eyes of the L-rd your G-d, to break His covenant": "If there be found": by witnesses, it being written (Ibid. 19:15) "By word of two witnesses, or by word of three witnesses, shall a thing be established." This is a prototype for the rule that wherever "there be found" is mentioned, Scripture speaks of ("finding") by two or three witnesses.
"in one of your cities": What is the intent of this? Because it is written (Ibid. 5) "Then you shall take out that man or that woman who did this evil thing, to your cities (lit., "gates"), I might think, the reference is to the gate (i.e., the beth-din) in which he was judged; it is, therefore, written "gates" (verse 2), "gates" (verse 5). Just as "gates" (2) refers to the city in which they were found and not to the gate (beth-din) in which they were judged, so, "gates" (5) refers to the city in which they were found and not to the gate (beth-din) in which they were judged.
"a man or a woman": What is the intent of this? Because we find with a condemned city (viz. Ibid. 13:16) that (only) many who served (idolatry) are (put to death) by the sword, I might think that the same obtains with individuals (who did so); it is, therefore, written
(Ibid. 17:5) "Then you shall take out that man or that woman." Because we find that those who were incited are killed by the sword, I might think that the same applies to the inciters; it is, therefore, written (Ibid.) "the man or the woman and you shall stone them with stones and they shall die." Because we find that a "condemned city" is not declared through (the incitement of) an individual or of women, I might think that they are not liable (to the death penalty); it is, therefore, written (Ibid. 2) "a man or a woman who would do what is evil in the eyes of the L-rd your G-d, to break His covenant."
He is called by five names: "banned," "abominated," "hated," "abhorred," "perverse." And the L-rd ascribes five names to him: "evil," "breaker of the covenant," "blasphemer," "angerer," "rebel." And he leads to five things: the defiling of the Temple, the desecration of the Name, the departure of the Shechinah, the defeat of Israel by the sword, and the exile of Israel from their land.
This tells me only of one who serves (idolatry). Whence do I derive (the same for) one who bows down to it? From (Ibid. 3) "and he bow down to them, or to the sun, or to the moon, or to the whole host of heaven."
R. Yossi Haglili says: Because it is written (Ibid. 4:19) ("the sun and the moon, etc.) which the L-rd your G-d bequeathed to all the peoples," I might think that He bequeathed them to the nations (to serve them), it is, therefore written (Ibid. 29:25) "gods which they did not know and which He did not bequeath to them (to serve them)."
R. Yossi says: Elazar, my son, says three things: (Jeremiah 19:5) "which I did not command" — in the Torah; "and which I did not speak" — to the prophets; "and which never entered My heart" — that a man should sacrifice his son on the altar.
Others say: "which I did not command": This refers to the son of Meisha the king of Moav (viz. II Kings 3:27); "and which I did not speak": This refers to the daughter of Yiftach (viz. (Judges 11:31-40); "and which never entered My heart": This refers to Isaac, the son of Abraham (viz. Bereshith 22).
(דברים יז ב) כִּי יִמָּצֵא – בְּעֵדִים. מִכְּלָל שֶׁנֶּאֱמַר לְהַלָּן (דברים יט טו) ״עַל פִּי שְׁנַיִם עֵדִים אוֹ עַל פִּי שְׁלֹשָׁה עֵדִים יָקוּם דָּבָר״ זֶה בִּנְיַן אָב, שֶׁכָל מָקוֹם שֶׁנֶּאֱמַר ״יִמָּצֵא״ – בִּשְׁנֵי עֵדִים וּבִשְׁלֹשָׁה עֵדִים.
(Devarim 17:2) "If there be found in your midst, in one of your cities (lit., "gates") which the L-rd your G-d gives you, a man or a woman who would do what is evil in the eyes of the L-rd your G-d, to break His covenant": "If there be found": by witnesses, it being written (Ibid. 19:15) "By word of two witnesses, or by word of three witnesses, shall a thing be established." This is a prototype for the rule that wherever "there be found" is mentioned, Scripture speaks of ("finding") by two or three witnesses.
בְּקִרְבְּךָ בְּאַחַד שְׁעָרֶיךָ, מַה תַּלְמוּד לוֹמַר? לְפִי שֶׁנֶּאֱמַר (דברים יז ה) ״וְהוֹצֵאתָ אֶת הָאִישׁ הַהוּא אוֹ אֶת הָאִשָּׁה הַהִיא אֲשֶׁר עָשׂוּ אֶת הַדָּבָר הָרָע הַזֶּה אֶל שְׁעָרֶיךָ״, שׁוֹמֵעַ אֲנִי שַׁעַר שֶׁנִּמְצְאוּ בוֹ – וְשַׁעַר שֶׁנִּדּוֹנוּ בוֹ! תַּלְמוּד לוֹמַר: ״שְׁעָרֶיךָ״ ״שְׁעָרֶיךָ״ לִגְזֵרָה שָׁוָה, מַה ״שְׁעָרֶיךָ״ הָאָמוּר לְהַלָּן – שַׁעַר שֶׁנִּמְצְאוּ בוֹ וְלֹא שַׁעַר שֶׁנִּדּוֹנוּ בוֹ, אַף ״שְׁעָרֶיךָ״ הָאָמוּר כָּאן – שַׁעַר שֶׁנִּמְצְאוּ בוֹ וְלֹא שַׁעַר שֶׁנִּדּוֹנוּ בוֹ.
"in one of your cities": What is the intent of this? Because it is written (Ibid. 5) "Then you shall take out that man or that woman who did this evil thing, to your cities (lit., "gates"), I might think, the reference is to the gate (i.e., the beth-din) in which he was judged; it is, therefore, written "gates" (verse 2), "gates" (verse 5). Just as "gates" (2) refers to the city in which they were found and not to the gate (beth-din) in which they were judged, so, "gates" (5) refers to the city in which they were found and not to the gate (beth-din) in which they were judged.
לְפִי שֶׁמָּצִינוּ שֶׁהַנִּדָּחִים בְּסַיִף, יָכוֹל אַף הַמַּדִּיחִים? תַּלְמוּד לוֹמַר (דברים יז ה): ״אֶת הָאִישׁ אוֹ אֶת הָאִשָּׁה וּסְקַלְתָּם בָּאֲבָנִים וָמֵתוּ״.
"a man or a woman": What is the intent of this? Because we find with a condemned city (viz. Ibid. 13:16) that (only) many who served (idolatry) are (put to death) by the sword, I might think that the same obtains with individuals (who did so); it is, therefore, written
לְפִי שֶׁמָּצִינוּ שֶׁאֵין עוֹשִׂים עִיר הַנִּדַּחַת לֹא עַל פִּי אֶחָד וְלֹא עַל פִּי אִשָּׁה, יָכוֹל יְהוּ פְּטוּרִים? תַּלְמוּד לוֹמַר: אִישׁ אוֹ אִשָּׁה.
(Ibid. 17:5) "Then you shall take out that man or that woman." Because we find that those who were incited are killed by the sword, I might think that the same applies to the inciters; it is, therefore, written (Ibid.) "the man or the woman and you shall stone them with stones and they shall die." Because we find that a "condemned city" is not declared through (the incitement of) an individual or of women, I might think that they are not liable (to the death penalty); it is, therefore, written (Ibid. 2) "a man or a woman who would do what is evil in the eyes of the L-rd your G-d, to break His covenant."
אֲשֶׁר יַעֲשֶׂה אֶת הָרַע בְּעֵינֵי ה׳ אֱלֹהֶיךָ לַעֲבֹר בְּרִיתוֹ, קָרוּי חֲמִשָּׁה שֵׁמוֹת: חֵרֶם, תּוֹעֵבָה, שָׂנאוּי, מְשֻׁקָּץ וְעָוֶל, וְהַמָּקוֹם קָרָא לוֹ חֲמִשָּׁה שֵׁמוֹת: רַע, וּמֵפֵר בְּרִית, מְנָאֵץ, מַכְעִיס, וּמַמְרֶה, וְגוֹרֵם חֲמִשָּׁה דְבָרִים: מְטַמֵּא אֶת הָאָרֶץ, וּמְחַלֵּל אֶת הַשֵּׁם, וּמְסַלֵּק אֶת הַשְּׁכִינָה, וּמַפִּיל אֶת יִשְׂרָאֵל בַּחֶרֶב, וּמַגְלֶה אוֹתָם מֵאַרְצָם.
He is called by five names: "banned," "abominated," "hated," "abhorred," "perverse." And the L-rd ascribes five names to him: "evil," "breaker of the covenant," "blasphemer," "angerer," "rebel." And he leads to five things: the defiling of the Temple, the desecration of the Name, the departure of the Shechinah, the defeat of Israel by the sword, and the exile of Israel from their land.
אֵין לִי אֶלָּא זֶה בִּלְבַד, עוֹבֵד מִנַּיִן? תַּלְמוּד לוֹמַר (דברים יז ג): ״וַיֵּלֶךְ וַיַּעֲבֹד אֱלֹהִים אֲחֵרִים״, מִנַּיִן אַף הַמִּשְׁתַּחֲוֶה? תַּלְמוּד לוֹמַר: ״וַיִּשְׁתַּחוּ לָהֶם וְלַשֶּׁמֶשׁ אוֹ לַיָּרֵחַ אוֹ לְכָל צְבָא הַשָּׁמַיִם אֲשֶׁר לֹא צִוִּיתִי״.
This tells me only of one who serves (idolatry). Whence do I derive (the same for) one who bows down to it? From (Ibid. 3) "and he bow down to them, or to the sun, or to the moon, or to the whole host of heaven."
(דברים כח יד) לְעָבְדָם – לְהָבִיא אֶת הַמְשַׁתֵּף.
"which I did not command" includes (in one interdict) "combining" (any of the above with the L-rd as co-deities).
רַבִּי יוֹסֵי הַגְּלִילִי אוֹמֵר: מִכְּלָל שֶׁנֶּאֱמַר (דברים ד יט) ״אֲשֶׁר חָלַק ה׳ אֱלֹהֶיךָ אוֹתָם לְכָל הָעַמִּים״ יָכוֹל שֶׁחֲלָקָם לָאֻמּוֹת? תַּלְמוּד לוֹמַר (דברים כט כה): ״אֱלֹהִים אֲשֶׁר לֹא יְדָעוּם וְלֹא חָלַק לָהֶם״.
R. Yossi Haglili says: Because it is written (Ibid. 4:19) ("the sun and the moon, etc.) which the L-rd your G-d bequeathed to all the peoples," I might think that He bequeathed them to the nations (to serve them), it is, therefore written (Ibid. 29:25) "gods which they did not know and which He did not bequeath to them (to serve them)."
רַבִּי יוֹסֵי אוֹמֵר: אֶלְעָזָר בְּנִי אוֹמֵר בּוֹ שְׁלֹשָׁה דְבָרִים (ירמיה יט ה): ״אֲשֶׁר לֹא צִוִּיתִי״ – בַּתּוֹרָה, ״וְלֹא דִבַּרְתִּי״ – בַּעֲשֶׂרֶת הַדִּבְּרוֹת, ״וְלֹא עָלְתָה עַל לִבִּי״ – שֶׁיַּקְרִיב אָדָם אֶת בְּנוֹ עַל גַּב הַמִּזְבֵּחַ.
R. Yossi says: Elazar, my son, says three things: (Jeremiah 19:5) "which I did not command" — in the Torah; "and which I did not speak" — to the prophets; "and which never entered My heart" — that a man should sacrifice his son on the altar.
אֲחֵרִים אוֹמְרִים: ״אֲשֶׁר לֹא צִוִּיתִי״ – עַל יִפְתָּח, ״וְלֹא דִבַּרְתִּי״ – עַל מֵישַׁע מֶלֶךְ מוֹאָב, ״וְלֹא עָלְתָה עַל לִבִּי״ – שֶׁיַּקְרִיב אַבְרָהָם בְּנוֹ עַל גַּבֵּי הַמִּזְבֵּחַ.
Others say: "which I did not command": This refers to the son of Meisha the king of Moav (viz. II Kings 3:27); "and which I did not speak": This refers to the daughter of Yiftach (viz. (Judges 11:31-40); "and which never entered My heart": This refers to Isaac, the son of Abraham (viz. Bereshith 22).