Yiddish Commentary on Ki Teitzei פון אונזער אלטען אוצר : געקליבענע פערל .... ב. יאושזאהן Fun unzer alṭen oytser geḳlibene perl fun unzere alṭe ḳṿolen ... ayngeṭaylṭ oyf di sedres̀ fun der toyre JUSTMAN, MOSHE BUNEM, 1889-1942

(22) He who finds a wife has found happiness And has won the favor of the LORD.

and a bad wife is called "מוצא"

,(26) Now, I find woman more bitter than death; she is all traps, her hands are fetters and her heart is snares. He who is pleasing to God escapes her, and he who is displeasing is caught by her.

So the Torah warns us "Guard what comes out of your lips" even when you have a wife, a מוצא

... my master. “He takes an oath to his own detriment, and changes not”; this is in accordance with the conduct of Rabbi Yoḥanan, as Rabbi Yoḥanan would say in the form of a vow when seeking to refrain from eating in another’s home: I shall fast until I will come to my house. He would fulfill that vow and refrain from eating, even though he took the vow only to avoid eating in that place. “He neither gives his money with interest”; meaning he does not lend money with usury even to a Gentile, which is permitted by Torah law. “Nor takes a bribe against the innocent”; this is referring to one such as Rabbi Yishmael, son of Rabbi Yosei, who refused to sit in judgment in a case involving his sharecropper. Since the latter would bring him a basket of fruit, he was concerned that he might unconsciously favor him. At the conclusion of the verses, it is written: “One who performs these shall never be moved.” The Gemara relates: When Rabban Gamliel would reach this verse he would cry, and he said: It is one who performed all these actions who shall never be moved; but if he performed only one of them, he shall be moved.....

Whoever multiplies his wealth by interest and profit gathers it for him who is generous to the poor.

In every case where the hand of a gentile is in the middle, the animal is exempt from the halakhot of a firstborn. By contrast, in the case of the mishna concerning the halakhot of interest, the animal is entirely in the possession of the recipient. § Apropos the discussion concerning the halakhot of interest, the Gemara cites several aggadic statements on the subject. The verse states: “He who augments his substance by interest [beneshekh] and increase [vetarbit] gathers it for him who has pity on the poor” (Proverbs 28:8). The Gemara asks: What is the meaning of the phrase “him who has pity on the poor”? How does this money ultimately reach someone who has pity on the poor? Rav said: This is referring to one such as King Shapur, for ultimately the money will reach the king, who provides for the poor from the possessions of the one who lends with interest. Rav Naḥman said: Rav Huna said to me that this verse is necessary only to state that even interest that a Jew took from a gentile will ultimately reach the government treasury, and the one who took it will not be successful. Rava raised an objection to the statement of Rav Naḥman: The verse states: “Unto a gentile tashikh” (Deuteronomy 23:21), which indicates that it is permitted for a Jew to take interest from a gentile, as what is the meaning of “tashikh”? Doesn’t it mean the same as tishokh, take interest, thereby teaching that one may take interest from a gentile? The Gemara refutes this claim: No, it means to pay interest, meaning that you must pay him interest. The Gemara asks: Is it not sufficient without this? In other words, can the verse actually require Jews to borrow money from a gentile and to pay him interest? This cannot be. The Gemara answers: It does not mean that borrowing money with interest is a mitzva; rather, the verse mentions paying interest to a gentile in order to exclude your brother, to teach that although one may pay interest to a gentile, one may not pay interest to a Jew. The Gemara challenges this explanation of the verse: The prohibition against paying interest to your brother is written explicitly in the continuation of that same verse in Deuteronomy: “Unto your brother you shall not lend with interest.” Consequently, there is no need to learn this halakha from an inference. The Gemara responds: It is necessary in order to teach that if one pays interest to a Jew he violates both the positive mitzvah to pay interest to a gentile but not to a Jew, and the prohibition against paying interest to a Jew. Rava raised an objection to the statement of Rav Naḥman based on another difficulty in the mishna, which teaches: One may borrow money from them and one may lend money to them with interest. And similarly, with regard to a ger toshav, one may borrow money from him and lend money to him with interest, since he is not a Jew. The mishna indicates that a Jew may lend money with interest to a gentile ab initio. Rav Ḥiyya, son of Rav Huna, said: This ruling of the mishna is necessary only

I am certain of myself that I know better than my competitor how to win. But with regard to one who makes it dependent on the decision of his pigeon, say that he is not disqualified from bearing witness, as he is aware that he cannot guarantee the results and therefore resolves to transfer the money if he loses. And conversely, had the mishna taught this halakha only with regard to one who makes it dependent on the decision of his pigeon, one might assume that only this type of gambler is disqualified, as he presumably says: The matter, i.e., the race, is determined by knocking on trees and other objects to speed up the pigeons, and I know how to knock better than my opponent. Therefore, he does not resolve to transfer the money if he loses. But with regard to one who makes it dependent on his own decision, say that he is not disqualified from bearing witness, as the roll of the dice is pure chance. Therefore, it is necessary for the mishna to teach both cases. The Gemara raises an objection to the opinion that the expression: Those who fly pigeons, refers to an ara, from a baraita: With regard to the expression one who plays with dice, these are ones who play with pispasim, which are dice of marble or other types of stone. But the Sages did not mean to say that only one who plays with pispasim is disqualified from bearing witness, but rather even one who plays with nutshells or pomegranate shells is disqualified. And when is their repentance accepted, so that they may resume being fit to bear witness? Once they break their pispasim and repent of them completely, abandoning this occupation entirely, where they do not do this even for nothing, i.e., they do not play even without betting. The baraita continues: The expression: One who lends with interest, is referring to both the lender and the borrower. Both are disqualified. And when is their repentance accepted? Once they tear their promissory notes and repent of them completely, abandoning this occupation entirely, where they do not lend with interest even to a gentile. The expression: And those who fly pigeons, is referring to those who induce the pigeons to behave in this manner, i.e., they train them. And the Sages did not mean to say that only those who fly pigeons are disqualified; rather, even those who do this with a domesticated animal, an undomesticated animal, or any type of bird are disqualified. And when is their repentance accepted? Once they break their fixtures [pigmeihen] upon which they stand the competing animals, and repent completely, abandoning this occupation entirely, where they do not do this even in the wilderness,

(1) The commandment to press the foreigner: To press the foreigner that worships idolatry, to pay what he is obligated to us. And we should not have pity and not have mercy upon him, to prolong the loan. And about this is it stated (Deuteronomy 15:3), "You shall press the foreigner." And so did they say in Sifrei Devarim 113, "'You shall press the foreigner' - this is positive commandment."

(2) It is from the roots of the commandment [that it is] so that we not teach our souls to have pity and to have mercy upon them, so that we are not pulled after their deeds and their counsel in anything. And Ramban, may his memory be blessed, wrote (in Sefer HaMitzvot, Shorashim 6) that this is not a positive commandment at all; but rather the matter of the verse is to warn us [to have] pity towards the Israelite with a positive commandment and a negative commandment: And it stated, "Press the foreigner," but not "your brother." And [so] it is a negative commandment that comes from the implication of a positive - about which it is established for us that it is like a positive commandment. And the negative commandment is also elucidated by it, "and you shall not press your brother." And so is the matter exactly with the prohibition of interest, like we will write in the Order of Ki Tetseh (Sefer HaChinukh 573).

(3) The laws of the commandment are included in the elucidation of the Scripture, according to my opinion.

(4) And this commandment is practiced in every place and at all times by males and females. And one who transgresses it and prolongs the time for repayment from a foreigner from the angle of pity upon him alone - and not from the angle of fear of the borrower, or [fear to] lose the debt, or for any other benefit - has violated a positive commandment, according to the opinion of Rambam, may his memory be blessed. But according to the opinion of Ramban, may his memory be blessed, one who presses an Israelite for his debt has violated this positive commandment, besides that he violated a negative commandment. But prolonging the debt of a foreigner 'does not raise or lower [a thing]'.

(1) To lend to the gentile with interest: That we were commanded to request interest from the [other] peoples when we lend to them and that we not lend to them without interest. And about this is it stated (Deuteronomy 23:21), "Take interest from the foreigner." And likewise is it permitted to borrow from them with interest. And they said in Sifrei, "'Take interest from the foreigner' - that is a positive commandment; 'and from your brother, do not take interest' - that is a negative commandment."

(2) It is from the roots of the commandment that it is fitting for us to do acts of loving-kindness only to the nation that knows God and serves in front of Him. And by refraining from kindness with other people and doing it with these, it becomes clear that the main love and pity on them is [coming] from the angle of their following the Torah of God, may He be blessed. And behold, with this intention, there will be reward for us in our refraining from kindness to them, [just] like [there will be] in our doing it to the children of our nation.

(3) From the laws of the commandment is that which they, may their memory be blessed, said (Bava Metzia 71a) that it is a commandment to prioritize a free loan to an Israelite over lending to a gentile with interest; and that which they said (Bava Metzia 72a and see Mishneh Torah, Creditor and Debtor 5:1) that [if] a gentile borrowed money from an Israelite with interest - even though he converted - [the Israelite] should collect from him all the interest that accrued until he converted; so that they will not say, "He converted to not pay the interest." And in the same manner that we were commanded to request interest from them, so too is it permissible to give them interest; since the verse only prohibited [taking] interest of an Israelite - the matter is known. And they, may their memory be blessed, said (Bava Metzia 71b and see Mishneh Torah, Creditor and Debtor 5:4) that [if] a gentile borrowed money from an Israelite and wanted to pay back [the loan] and found another Israelite and [that Israelite] said, "Give it to me and I will give you the interest from it, in the [same] way that you give it to the Israelite," it is permissible. But if [the gentile] stood [this Israelite] in front of the Israelite [lender] - even though the gentile gives the money to the hand of [the Israelite borrower] - since [the gentile] gave the money with the knowledge of the Israelite [lender], behold it is fixed interest (and forbidden). And they, may their memory be blessed, said (Bava Metzia 70b and see Mishneh Torah, Creditor and Debtor 5:2) that even though their interest is permissible according to the [letter of the] law, it is [still] forbidden for an Israelite to lend to them with fixed interest, more than what he needs for his livelihood; so that he not be accustomed to always be with him and learn from his deeds. But it is permissible to take 'the dust of interest (avak ribit),' even if it is more than what he needs for his livelihood - since he will not be so accustomed to be with him for the sake of the 'dust of interest.' And a Torah scholar may lend whatever he wants, as there is no concern about him that he will learn from [the gentile's] deeds; since 'wisdom emboldens the sage and guards him forever.' And the rest of its details are elucidated in the chapter [entitled] Eizehhu Neshekh in Bava Metzia (see Tur, Yoreh Deah 159, 160).

(4) And [it] is practiced in every place and at all times by males and females. And one who transgresses it and lends without interest from the perspective of kindness alone - not from the hope about him that he will profit from him from another angle, or because of the ways of peace - has violated this positive commandment. And Ramban, may his memory be blessed (in his critiques of the sixth root and at the end of his critiques of the Sefer HaMitzvot LaRambam) does not count this positive commandment in the calculation of the [613] commandments. And he says that this verse only came to give a positive [as well as] a negative commandment for one who lends to an Israelite with interest. And this is the intention of the midrash in Sifrei, in its saying that this is a positive commandment. And so does it appear from the words of the Gemara at the end of the chapter [entitled] Eizehhu Neshekh. But with all of this, 'we walk in the way of the king' - 'we will not veer to the right or left' from [Rambam's] calculation. And great is the one whose mistakes are numbered (few in number).

. MISHNA: One must distance animal carcasses, and graves, and a tannery [haburseki], a place where hides are processed, fifty cubits from the city. One may establish a tannery only on the east side of the city, because winds usually blow from the west and the foul smells would therefore be blown away from the residential area. Rabbi Akiva says: One may establish a tannery on any side of a city except for the west, as the winds blowing from that direction will bring the odors into the city, and one must distance it fifty cubits from the city. One must distance from vegetables water in which flax is steeped, because this water ruins them; and likewise one must distance leeks from onions, and mustard from bees. And Rabbi Yosei permits one not to do so in the case of mustard. GEMARA: A dilemma was raised before the Sages: With regard to what case is Rabbi Akiva speaking? Did he mean that one may establish a tannery on any side of a city, and one may even place the tannery close to the city, except for the west side, where one must establish it at a distance of fifty cubits? Or perhaps he meant that one may establish a tannery on any side and distance it fifty cubits, except for the west side, where one may not establish a tannery at all. The Gemara cites a proof: Come and hear, as it is taught in a baraita: Rabbi Akiva says that one may establish a tannery on any side of the city and distance it fifty cubits, except for the west side, where one may not establish a tannery at all, because the western wind is frequent. §