Ki Tetze (when you go out) Devarim (Deuteronomy) 21:10-25:19

KiTetze is named from the first words of the portion, and it begins with a statement that presupposes Yehovah fulfills His promise Israel will triumph over her enemies.

 Honor Even for Captives

 We are given instructions about what to do if a soldier sees a woman among the captives that he desires. The procedure for taking a captive as a wife shows again Elohim’s loving nature. A female captured after the defeat of her people is among the most powerless individuals. Akin to a widow or an orphan.

Even a woman in this lowly position is accorded honor and civility. She is taken in and allowed to grieve for a month before she can be taken as a wife. Israel is to be a light to the nations. This process is one more way that they are set apart from the ways of the nations around them.

 Rights of the Firstborn

Following the verses of the captive woman are the instructions of the inheritance of the firstborn son. It has not been uncommon through history for fathers to eliminate sons as potential competitors, especially if they are from an unfavored wife. Israel is to honor the rights of the firstborn.

 Rebellion is as the Sin of Adultery

Just as we have seen in the last two portions, we come to an instruction that seems harsh by our standards;

“If a man has a stubborn and rebellious son who will not listen to his father's voice, or his mother's voice; even though they discipline him, will not listen to them,” the parents take the son to the elders in the gate and tell them not only is he stubborn and rebellious he is also a glutton and a drunkard. (Deuteronomy 21:18-21)

If you are unfamiliar with the city setup in ancient Israel, the elders in the gate were the administrators of the city. They would hear cases and make decisions as they sat in the gate.  We saw this established in portion Shoftim two weeks ago; “You shall appoint judges (shoftim) and officers (shotrim) for yourself in all your gates which Yehovah your Elohim gives you, tribe by tribe. And they shall judge the people with righteous judgment.” (Deuteronomy 16:18)

Looking at the English explanation of what the son had done, it seems somewhat a trivial matter to have the death penalty attached. But there are two things to consider; 

1. During this time, children were expected to obey their parents and honor them. The family expected it, the community expected it. This is a type and shadow of our relationship with Yehovah; He says if you love me keep my commandments.Conversely, if we don’t keep His commandments, we demonstrate we don’t love Him. In Romans 6:23 Paul points out that the wages of sin is death. Sin is violation of Elohim’s commandments, and in turn not loving and obeying Him. This instruction shows us the fatal consequences of rebellion against Elohim. 
2. The Hebrew here paints a bleaker picture of the son’s character. Stubborn –Sarar, to turn away, revolt, and has the overtones of immorality. Rebellion – Marah, bitter, the same name given to the waters in the desert in Exodus 15:23. Glutton – Zalal, shake, this isn’t someone who overeats; it’s someone who eats so much they are sick. Drunkard – Saba, again, not just someone who drinks, but who is habitually drunk.

Even thought the son is all of these, added to them is the problem that even though his parents discipline him, he won’t shema, listen and obey them. If we consider that in this time discipline was actually disciplinarian, not empty threats and impotent consequences we get a picture of a person who is out of control and unwilling to return to community standards of decency. 

There are other places where Elohim warns Israel to “Put the evil away.” Evil has a tendency to infect the community. If a son such as described here is allowed to roam freely, he may become an example of what other children can get away with if he is not punished. We saw this occur in the U.S. rebellious children became a rebellious generation, and we are still suffering the consequences of the immoral and ungodly influences today.

Since we have become so lax, and rebellion so rampant, this instruction appears extreme. But in a Torah observant community surrounded by hostile nations who would like nothing more than eradicate you, it is imperative to maintain moral standards. Losing Elohim’s protection because of immoral behavior would mean the annihilation of Israel. Better that one man die than the nation perish.

Am I My Brother's Keeper?

In verses 22:1-4 we are given instructions that form a basis for community involvement. We shouldn’t turn our backs on our neighbors who are in need. If a neighbor loses something, and we find it, we need to make the effort to take care of it until the owner can find it and reclaim it. There is a rabbinical story of a traveler who accidentally left his walking stick at and inn. He returned several years later to find it still in the place he had left it. It had been dusted along with the other furniture, but never moved. What a wonderful place to live that another’s property is as carefully looked after as our own.

A Woman in a Man's Kelee

Verse 22:5 has caused many interesting discussions, often leading to conclusions not supported by the text, so I would like to spend some time exploring what it means, let’s look at it in its entirety;

“The woman shall not wear that which pertains to a man, neither shall a man put on a woman's garment: for all that do so are abomination unto Yehovah your Elohim.”

First, I am going to add in the Hebrew text behind several of the words, and return it to the Hebrew order. For those of you familiar with some Hebrew, you may notice right away that things are not what they appear to be in the English.

Shall not wear (hayah, H1961, exist, come upon) that which pertains (kelee, H 3627 implement, weapon, vessel) to a man (geber, H1397 see also H1368, valiant man, warrior) upon a woman, neither shall a man (geber) put on a woman's garment (simlaw, H8071, raiment, covering): for all that do so are abomination unto Yehovah your Elohim.

Notice the word for garment. The common term for garment is beged and is used 270 times for clothing, this word, simlaw is used only 29 times and primarily when there is something special about the clothing or the function.

The Hebrew word translated as man is not the most common ish (used over 1,000 times), or even the less common adam (used over 500 times), the Hebrew here is geber (used only 64 times and listed in Strong’s as the same as gibbor H1368 mighty, powerful). “That which pertains” kelee is used over 300 times and never refers to clothing, but rather to equipment, weapons and instruments. Esau’s weapons were kelee. The vessels in the tabernacle were kelee.

Taking this verse back into context of the time, the clothing was what we would call unisex. It consisted generally of a nondescript sheath type covering and an over garment. However, there seems to have been additional identifiable clothing and equipment items that were distinctive between men and women. It was these gender distinguishing articles that men and women were not to wear interchangeably.

Similarly, much of the clothing today is difficult to distinguish whether it is designed for a man or woman. But other items are not. Pants and shirts can be either a man’s or woman’s clothing similar to the common clothing of ancient times. 

A dress is not a man’s clothing. Distinctively feminine articles are not a man’s clothing. In contrast, the argument could be made that battle gear should not be placed on a woman. Items that are distinctively masculine should not come upon a woman. I suspect that by the use of the term kelee in the Torah and TaNaKh a man’s military equipment should not be carried by a woman as her own.

Going back to the Hebrew language and the context of the times, this verse is not a simple instruction telling men and women not to wear similar non distinctive clothing. But rather to avoid those items that distinctively identify one gender or the other by their appearance or function.

These Least Commandments?

In verse 22:6-7 we have what the rabbis call the least of the commandments. Yeshua referred to the least of the commandments in Matthew 5:19 when he said “Whosoever therefore shall break one of these least commandments, and shall teach men so, he shall be called the least in the kingdom of heaven: but whosoever shall do and teach them, the same shall be called great in the kingdom of heaven.”

It is difficult to determine when this began to be considered the least of the commandments, but it is possible that Yeshua was referring to it when he spoke as recorded in Matthew. If the status of this instruction was established as least prior to Yeshua’s time, when he referred to the least, his hearers would have an immediate frame of reference and none of them would be confused as to which commandment he was referring to.

Framing this commandment as least puts all other instructions into a position of greater importance. Yeshua’s hearers could not argue that some other commandment could be broken with impunity if breaking this, the least of all commandments brought with it the proscribed penalty.

The Fruit From the Flower

In verse 22:12 the instruction to wear tzitzit is repeated. They are to be put onto to the four corners of the covering, kesuth, with which you cover, kasah, yourself. In Hebrew, we see that the word for cover is the root word for the word for covering. Again, this is not one of the common words used for clothing items, and appears to apply to a specific type of covering. This distinction may be part of the reason that the tallit was conceived to carry the tzitzit after the four cornered garments were longer in use.

This verse also contains information about the fringes. The Hebrew word used here is gedelim, twisted, and indicates the fringes on the garment are to be twisted together. Adding this to the instructions given in Shemot (Numbers) 15:38-39 about the blue thread, and it appears that a blue thread is to be twisted into the tzitzit.

In Shemot, we are told the reason for wearing the fringes, so that when we look on them we will remember the commandments and keep them and do them. This idea ties in with what we were studying earlier about one of the signs of loving Elohim is keeping His commandments.

The Hebrew word tzits, the root word of tzitzit, has as one of its meaning, a flower. Considering the concrete nature of Hebrew, we ask, what is the purpose of a flower? The answer is that it is what precedes the fruit which contains the seed. When we look on the tzitzit (flowers), we are to produce works of keeping the commandments (fruit) and when others see our good works of keeping the commandments, the word (torah, seed) of Elohim is planted in them and they glorify our Father in Heaven.

The Law says...What do you Say?

In 22:22 the instruction of what to do when a man commits adultery with a married woman.

“If a man be found lying with a woman married to an husband, then they shall both of them die, both the man that lay with the woman, and the woman: so shall thou put away evil from Israel.”

It was to this verse that the men who brought the woman taken in adultery to Yeshua in John chapter 8 referred when they said, Moshe said in the law she is to be stoned, what do you say. If we look at verse 22:22 it requires that both the man and the woman die. Yet when the woman is brought to Yeshua, there is no man brought as the second party even though the witnesses claimed she was taken in the very act. Yeshua told them, “let he that is without sin cast a stone first.”

Could it be that one or more of the group that brought her before Yeshua was the partner in sin? That Yeshua was actually calling them on their involvement saying let the one of you who has not committed this sin with this woman cast a stone first.

A point of confusion has resulted from Yeshua’s encounter with the adulterous woman. The idea that Yeshua forgave her of her sin. There is no indication he forgave her. What he says in the encounter is “Where are your accusers? Has no man condemned you?” Then he said “Neither do I condemn you, go and sin no more.” Nowhere does it say that he forgave her, he simply chose not to condemn her.

Taken in context, the last thing Yeshua instructs is to the one without sin cast the stone first. When he looks up, the men are gone and he asks “Has no man condemned you?” tying “condemned” to the stoning. A pardon is not the same thing as forgiveness.

Keep Your Vows

Skipping down to verse23:21-24 we come to a matter that is too often trivialized in our day, the issue of vows. The Torah tells us that we do not need to make vows. And it is not sin not to make a vow. But if we do make one, Elohim expects us to fulfill our vow. 

This should be a caution to us in two ways. To be careful what we say, as Yeshua said we will have to give an account for every idle word we speak, and to do what we vow we are going to do. It is especially important that we not make unwise vows that would cause distress to us or anyone else.

Be Perfect Even as your Father

One last area I want to cover today is Devarim 24:17:

“You shall not pervert the judgment of the stranger, nor of the fatherless; nor take a widow's raiment to pledge: But you shall remember that you were a bondman in Egypt, and Yehovah your Elohim redeemed you from there: therefore I command you to do this thing.”

The instruction to deal justly and fairly with strangers, orphans and widows is consistent with Elohim’s character and the instructions he has already given us earlier in the Torah. But it is interesting that He follows the instruction with His reason, “you were in bondage in Egypt and I redeemed you.”

Elsewhere in the Scriptures we are urged to be like our Father, as He is merciful, we should be merciful, and as he is just, we are to be just. Strangers, orphans and widows as we discussed earlier are the least powerful, just as those in bondage are. If He showed Israel compassion and redeemed them, so Israel should show compassion to those who are powerless. But taken in context with earlier instructions, we are not to pervert justice for the powerless any more than we are to pervert it against them. As we saw last portion, justice, justice we are to pursue.

I would enjoy hearing your insights into the portion, or any feedback you would like to give to me or other readers. Please share them through the comment section below. Shalom v’shavua tov.