Sotah 44b — the Talmud in English

Since

the beginning of fleeing is defeat —

for fleeing from the battle formation is the beginning of defeat, since it introduces panic and a spirit of defeatism among the warriors, and this causes failures in the battle,

as it is stated: “Israel fled before the Philistines, and also a great plague occurred among the people”

(I Samuel 4:17)

for at first, “Israel fled,” and afterward, “a great plague occurred among the people,”

and below

in another place

it [the verse]

says

“And Israel fled

the men

before the Philistines, and fallen ones fell,” et cetera

(ibid. 31:1)

at first, “and they fled,” and afterward, “and they fell”; therefore, sentries, mighty men of valor, are appointed, who will guard discipline in the army and strengthen the spirit of the warriors through their courage and the completeness of their leadership.

And this entire passage — that there are those who return from the battle formation and engage in supplying food, repairing roads, and the like, while there are those who do not move from their place —

in what circumstances are these words said

specifically

in optional wars

that they wage in order to expand the border of Israel and collect tribute from the nations, or a king who wages war in order to increase his greatness and add honor to his name,

but in mitzva wars

such as the conquest of the Land in the days of Joshua or the war against Amalek,

everyone goes out

to the battle formation,

even a groom from his chamber and a bride from her wedding canopy.

Rabbi Yehuda said: In what circumstances are these words said

that there are those who return from the battle formation and there are those who do not go out to war at all,

in mitzva wars

that Israel wages so that [the enemies] will not overpower them. This too is called a mitzva war according to Rabbi Yehuda, and concerning it as well it is permitted to suspend the mitzvot, because one who is engaged in a mitzva is exempt from a mitzva, whereas according to the first tanna he is not engaged in a mitzva and is obligated in all the mitzvot.

But in obligatory wars

namely, the seven nations and Amalek,

everyone goes out, even a groom from his chamber and a bride from her wedding canopy,

And it is explained in the Gemara that the entire dispute of the first tanna and Rabbi Yehuda is only whether it is permitted to suspend the mitzvot in order that the enemies should not come: the first tanna calls this optional, while Rabbi Yehuda calls this obligatory:

Gemara:

What difference is there

what difference is there

between

the position of

Rabbi Yose and

the position of

Rabbi Yose the Galilean?

For apparently they agree on the same matter, that “the fearful and fainthearted” is one who has transgressed.

And we answer:

There is a difference between them

with regard to

a rabbinic transgression

from the words of the Scribes. According to Rabbi Yose the Galilean, he returns; according to Rabbi Yose, he returns only because of a transgression from the Torah, such as the prohibition against a High Priest marrying a widow.

According to whose view does

according to which position was it said

that which was taught:

even if

he spoke

he spoke,

between

the placing of the

arm tefilla

of the hand

tefilla

of the head and did not return to recite the blessing again over the head tefilla —

it is a transgression

in his possession, and he returns because of it from the ranks of the army.

According to whose view

according to whose position

And we explain:

according to

the position of

Rabbi Yose the Galilean

who holds that he returns even because of a minor transgression.

Which tanna is the author of that which the Sages taught:

If he heard the sound of horns

trumpets

and was terrified

and trembled from fear,

or he heard

the closing of shields

the striking together of shields

and was terrified,

or he heard

the sharpening of swords, and

because of fear —

water

urine

trickles down his knees,

his law is that he

returns

from the ranks of the army.

According to whose view —

according to whose position was this beraita stated,

let us say

perhaps let us say that according to the position of

Rabbi Akiva it was stated

who interprets “the fearful and fainthearted” according to its plain meaning,

and not

according to the position of

Rabbi Yose the Galilean

who interprets “the fearful and fainthearted” as referring to transgressions in his possession? The Gemara says: No!

In this matter

in this

even Rabbi Yose the Galilean agrees

that he returns,

because it is written: “And he shall not melt the heart of his brother like his heart”

(Deuteronomy 20:8)

for a person whom everyone sees to be very afraid influences others and also causes them to be afraid,

if so, Rabbi Yose the Galilean does not disagree with Rabbi Akiva regarding a person who is afraid because of the war, who returns. Rather, he adds to him that even one who is fearful because of transgressions in his possession returns:

We learned in the Mishna:

“And it shall be, when the officers have finished, etc., for the beginning of fleeing is defeat”:

And we raise an objection concerning the wording:

This

this wording

“because the beginning of fleeing is defeat,”

whose meaning is that the beginning of fleeing is the defeat,

whereas apparently it should have said the opposite:

“because the beginning of defeat is fleeing” should have been said,

for the beginning of defeat is because of fleeing. Rather,

say

indeed, say:

“because the beginning of defeat is fleeing,”

and this is the intention of the Mishna:

We learned in the Mishna:

“In what circumstances are these words said? In optional wars, etc.”

Rabbi Yoḥanan said:

The war of

rabbinically optional war,

that is, what the Sages call “an optional war”

this is

the war of

mitzva

according to

the

words of

Rabbi Yehuda,

and the war of

rabbinic mitzva —

what the Sages call “a mitzva war”

this is

the war of

obligation

according to

the

words of

Rabbi Yehuda,

and Rava adds to explain:

Rava said:

In the essential matter, there is no difference between Rabbi Yehuda and the Sages,

for

the wars of Joshua

that were

to conquer —

according to everyone, obligatory

and everyone must go out to war,

and

the wars of the house of David

that were

for enlargement

for he waged war against Aram-Zobah to add it to the Land of Israel, and in its other surroundings in order to make them bring him a gift and a labor tax,

according to everyone, optional

and even according to Rabbi Yehuda it is an optional war, and not everyone goes out for it.

When do they disagree

in what did they disagree?

In a war that Israel wages against an enemy in order

to weaken

the

idolaters, so that they should not come against them

so that they should not wage war against Israel, and so that they should not attack their land, when they fear that they may come against them, or it has become known to them that the enemies are preparing themselves for this.

And even in this case, everyone holds that not everyone goes out; rather,

one master —

Rabbi Yehuda —

calls it

a war of

mitzva, and one master —

the Sages —

calls

it a war of

optional,

and

the practical difference is: concerning

the matter of

one engaged in a mitzva, who is exempt from a mitzva

for Rabbi Yehuda calls it a mitzva war, in which one who is engaged in it is exempt from another mitzva that comes to his hand; while the Sages call it an optional war, in which one who is engaged in it is not permitted to desist from the mitzva that comes to his hand. 19 .

We shall return to you, chapter “The Anointed for War”

Mishna:

We learned at the beginning of Chapter Seven that the section of

the beheaded heifer

is recited

in the holy tongue,

and in the Mishna [below, 45b] the order of bringing the beheaded heifer is detailed: the elders of the city say, “Our hands did not spill this blood,” and the priests say, “Atone for Your people Israel,” etc.

And the source that it must be recited in the holy tongue is

as it is stated: “When a slain person is found on the land, and your elders and your judges shall go out,”

[and the Gemara explains that in this section they learned by a gzera shava that it refers to the holy tongue].

Three

judges

from the Great Court in Jerusalem

would go out

and proceed to the place where the slain person was found, and measure from him to the surrounding cities, to determine which was the nearest.

Rabbi Judah says: Five

judges would go out. Rabbi Judah learned that five judges are required for measuring the distance of the cities from

as it is stated, “your elders,”

and the minimum of a plural is

two,

and likewise

“and your judges”

means another

two.

And since it is established that always

a

court is

not even-numbered,

so that it can be divided equally and they will be unable to decide the law according to the majority, therefore

they add another

judge

to them,

and there are found five judges who go out to measure the distance of the cities from the slain person.

If

the slain person

was found concealed in a heap

of stones,

or hanging from a tree, or floating on the surface of the water, they do not break the heifer’s neck

to atone for the blood.

As it is stated,

“When a slain person is found”

on the land,

and we derive that the section was said only when he was found on the land,

and not

when he was found

concealed in a heap.

And from what is written that he was found

fallen,

we derive

and not hanging from a tree.

And from what is written

in the field,

we derive

and not floating on the surface of the water.

If he was found near the border,

near the boundary of the land of the gentile nations,

or

near

a city whose majority are

star-worshippers,

and the Gemara explains that in these areas he is considered to have brought death upon himself.

Or

if he was found near

a city in which there is no court, they did not [

break the heifer’s neck ] [

measure ]

because it is impossible to fulfill there what is written, “and the elders of that city shall go out.”

And therefore,

they measure only for a city in which there is a court,

and they leave aside the city in which there is no court, and measure toward the other surrounding cities that have a court, to determine which of them is nearest to the slain person; and it brings the beheaded heifer.

Gemara:

We inquire concerning what we learned, that the source that the section of the beheaded heifer is recited in the holy tongue is the verse, “When a slain person is found,” etc., which is apparently difficult:

What is it saying?

How did the tanna learn from this verse that it must be recited in the holy tongue?

And we explain:

Rabbi Abbahu said: This is what it is saying:

In the continuation of this section, which begins with the verse, “When a slain person is found,”

it is stated, “And they shall answer and say,”

the elders of that city, “Our hands did not spill this blood”;

and elsewhere it says, “And the Levites shall answer and say, etc.,”

the blessings and curses on Mount Gerizim and Mount Ebal. And they learn by a gzera shava, “and they shall answer—and they shall answer”:

Just as the answering mentioned there

by the Levites had to be recited

in the holy tongue

[as we derived above, 33a],

so

here

the priests and the elders of the city recite their words

in the holy tongue.

And the tanna does not intend to learn from the verse he cited; rather, he continues further concerning the beheaded heifer, and comes to detail

“And the order of the beheaded heifer—how is it?”

As it is stated,

“When a slain person is found in the field, and your elders and your judges shall go out,”

to teach us that

“three from the Great Court in Jerusalem would go out,”

and everything that we learned afterward.

We learned in the Mishna:

“Rabbi Judah says: Five, etc.”

The Sages taught: “And your elders and your judges shall go out,”

and we derive

“your elders”

means at least

two

and likewise

“your judges”

means another two.

And a court is not even-numbered;

therefore

they add another one to them; here there are five. These are the words of Rabbi Judah. Rabbi Shimon says:

We derive only

“your elders,”

that is,

two, and a court is not even-numbered;

therefore

they add another one to them; here there are three.

And we ask:

And Rabbi Shimon,

why does he not derive that five judges are required for the measurement, and

behold, it is written

also

“and your judges,”

which means another two? And we answer:

That expression is needed by him

for Rabbi Shimon

to

derive that three should go out,

the distinguished ones among your judges,

that is, judges from the Great Court in the Chamber of Hewn Stone.

And we ask from the other side:

And Rabbi Judah,

from where will he learn that the judges must be from the Chamber of Hewn Stone? And we explain that he derives it

from

what could have been written

“the elders of,”

but it says

“your elders,”

and from this

it follows

for him that the three must be the distinguished ones among your judges.

And we explain from the other side:

And Rabbi Shimon,

who did not derive it from the superfluity in the word “your elders,” held that it was impossible for the Torah to write “the elders of,” since

if the Merciful One had written “the elders of,” I would have said even the elders of the marketplace,

and judges from the Sanhedrin would not be required. Therefore

the Merciful One wrote “your elders”; and if the Merciful One had written

only

“your elders,” I would have said

that it is sufficient for judges to go out

even

from

a lesser Sanhedrin

of twenty-three, which exists in every city. Therefore

the Merciful One wrote “and your judges,”

to teach us that they must be from

the distinguished ones among your judges,

who are in the Great Sanhedrin; and it is impossible to learn from this that two additional judges should go out to measure.

And we explain from the other side:

And Rabbi Judah,

who learned from “your elders” that they are the distinguished ones among your judges, did not need a teaching for the basic law that they may not be from the elders of the marketplace, since he

derived

a gzera shava,

“elders—elders,” from

“the elders of the congregation,”

mentioned concerning the bull for the communal error.

Just as there

in the section of the bull for the communal error, it refers to

the distinguished ones of the congregation, so here

the elders of the court who go out are

the distinguished ones of the congregation.

And we ask:

If Rabbi Judah derived

the laws of the beheaded heifer from the section of the bull for the communal error,

let him derive the entire matter from there,

including the number of five judges who go out to measure, which he could learn from the section of the bull for the communal error, from which Rabbi Judah proved [in Sanhedrin 3b] that five judges are required in a court; if so,

why do I need “your elders” and “your judges”?

And we conclude that indeed Rabbi Judah learned that they are the distinguished ones among your judges by a gzera shava,

but

he derives from “your judges” two judges, like Rabbi Shimon. And the

vav

in the word

“and your judges”

he expounds

for counting,

to add two more judges who go out to measure.