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Deuteronomy 22:18 - Elders discipline false accuser

Deuteronomy 22:18 - דברים 22:18

Hebrew Text

וְלָקְחוּ זִקְנֵי הָעִיר־הַהִוא אֶת־הָאִישׁ וְיִסְּרוּ אֹתוֹ׃

English Translation

And the elders of that city shall take that man and chastise him;

Transliteration

Velakchu ziknei ha'ir hahi et ha'ish veyisru oto.

Hebrew Leining Text

וְלָ֥קְח֛וּ זִקְנֵ֥י הָֽעִיר־הַהִ֖וא אֶת־הָאִ֑ישׁ וְיִסְּר֖וּ אֹתֽוֹ׃
וְלָ֥קְח֛וּ זִקְנֵ֥י הָֽעִיר־הַהִ֖וא אֶת־הָאִ֑ישׁ וְיִסְּר֖וּ אֹתֽוֹ׃

🎵 Listen to leining

Parasha Commentary

Context in the Torah

The verse (Devarim 25:2) appears in the context of the laws concerning judicial corporal punishment (malkot). It describes the procedure when a person is found guilty of a transgression warranting lashes, where the elders of the city administer the punishment.

Rashi's Commentary

Rashi explains that the phrase "וְיִסְּרוּ אֹתוֹ" ("and they shall chastise him") refers to the administration of lashes (malkot). He cites the Sifri (a halachic Midrash) which derives from this verse that the punishment must be carried out by the court (beit din) and not by private individuals. Rashi further notes that the elders must be present during the execution of the punishment to ensure it is performed correctly.

Rambam's Legal Perspective

In Mishneh Torah (Hilchot Sanhedrin 16:1), the Rambam elaborates on this verse, stating that lashes are administered only after a proper trial and conviction by a Jewish court. He emphasizes that the punishment must be measured and just, never exceeding the biblically prescribed limit of forty lashes (in practice, thirty-nine, as derived from Devarim 25:3).

Talmudic Analysis

The Gemara (Makkot 22a) discusses this verse in detail, explaining that the lashes are intended as a corrective measure (yissurim shel ahavah, "chastisements of love") to bring the transgressor to repentance. The Talmud also derives from the wording "זִקְנֵי הָעִיר" ("elders of the city") that the court must be composed of judges of stature and wisdom, not mere appointees.

Midrashic Insight

The Midrash Tanchuma (Mishpatim 3) connects this verse to the broader concept of divine justice, teaching that human courts are entrusted with upholding Torah law as agents of Hashem's will. The chastisement is not merely punitive but serves to purify the soul and restore the individual's relationship with Hashem.

Key Halachic Principles Derived

  • The punishment must be administered by a proper Jewish court (beit din).
  • The lashes are limited in number and must not degrade the offender unnecessarily.
  • The purpose is correction and repentance, not vengeance.
  • The elders' involvement signifies the gravity and solemnity of the process.

📚 Talmud Citations

This verse is not quoted in the Talmud.

Frequently Asked Questions

Q: What does Deuteronomy 22:18 mean when it says the elders should 'chastise' the man?
A: According to Rashi and Talmudic interpretation (Sanhedrin 8a), this refers to a formal rebuke given by the court to a man who falsely accused his wife of not being a virgin before marriage. The chastisement was meant to publicly correct his behavior and discourage false accusations.
Q: Why did the Torah specify that the elders of the city handle this matter?
A: The Rambam (Hilchos Naarah Besulah 3:1) explains that serious interpersonal matters like this require the wisdom and authority of the community's elders. They would investigate thoroughly before administering any punishment, ensuring justice was served properly.
Q: What lesson can we learn today from Deuteronomy 22:18?
A: This teaches us the importance of: 1) Proper judicial processes, 2) The gravity of making false accusations, and 3) How community leaders have responsibility to maintain moral standards. The Midrash Tanchuma emphasizes how careful we must be with our words regarding others.