(Mishnah): "Mi ha'Ish Asher Iras Ishah v'Lo Lekachah" - the same applies to one who was Mekadesh a virgin or Mekadesh a widow, or even if a Shomeres Yavam [fell to him to do Yibum], and even if he heard that his brother died in the war, he returns.

All of these people hear the Kohen Gadol's words from the ranks of war, and return and supply water and food [for the soldiers], and fix the roads.

(Gemara) Question: "Asher Iras Ishah" teaches only a bachelor who married a Besulah. What is the source for a bachelor who married a widow, or a widower who married a Besulah?

Answer: "Ishah" - in any case.

Question: Why does it say [Devarim 24:5, if a man will take "Ishah] Chadashah" [he does not go to war]?

Answer: It excludes one who remarries his divorcee.

Inference (R. Yosi): (Above (37b), we said that "v'Lo Chanacho" excludes a house in Chutz la'Aretz, that it is not a Mitzvah to inaugurate it.) This teaches that one who marries an Ailonis, since there is no Mitzvah to dwell with her, he does not return. (SEFER NIR, DEVAR AVRAHAM 1:8)

Even a Shomeres Yavam to five brothers [causes all of them to return from war].

Question: Similarly - does even one house [exempt] five brothers [who jointly own it]?

Answer: (No.) There, not everyone is proper to dwell [in the house, until he pays the others for their share]. Here, each is proper to do Yibum. (PNEI MOSHE)

What resembles [a Yevamah whose husband died during the war]? If one was Mekadesh a woman from now and after 12 months, and the time finished in the war. He returns.

(Mishnah): The following do not return - one who built a Beis Sha'ar, an Achsadra, or a balcony;

One who planted four fruit trees, or five barren trees;

One who remarried his ex-wife, or [a woman forbidden to him, e.g.] a widow to a Kohen Gadol, a divorcee or Chalutzah to a regular Kohen, a Mamzeres or Nesinah to a Yisrael, or a Bas Yisrael to a Mamzer or Nasin, he does not return.

R. Yehudah says, even one who rebuilds his house like it used to be, does not return;

R. Lazar says, even one who builds a brick house in Sharon (which will not last very long) does not return.

(Gemara - Beraisa - R. Yehudah): If he made something new [in his house], he returns. If not, he does not return;

If he plastered it or opened windows in it, he does not return. If it was big and he made it small, he returns, and all the more so] if it was one and he made it two.

(Beraisa - R. Eliezer): Even people of Sharon did not return [for rebuilding their houses], for they renew them twice in seven years.

Even the Kohen Gadol used to pray for them [in the Kodesh ha'Kodoshim] on Yom Kipur that their houses not [collapse, and] become their graves.

(Mishnah): The following stay home and do not budge from their place (they do not even go to the border) - one who built a house and inaugurated it, one who planted a vineyard and redeemed [the fruits], and one who made Nisu'in [full marriage] with his Arusah or entered (did Yibum with) his Yevamah;

"Naki Yihyeh l'Veiso" - Naki l'Veiso teaches about for his house; Yihyeh teaches about his vineyard; "v'Simach Es Ishto" (the continuation of the verse) teaches about his wife; "Asher Lakach" includes his Yevamah.

These [men] do not supply water and food, and do not fix the roads.

(Gemara): If one who built a house and inaugurated it and did not delay in it 12 months, or he planted a vineyard and redeemed it and did not delay in it 12 months - we learn all of these from a wife. Just like a wife, he needs 12 months, also all of them need 12 months.

(Beraisa): All of these that they said [that they do not budge], they dwell idle in the city, and do not supply water and food, and do not fix the roads - "v'Lo Ya'avor l'Chol Davar" - [the obligation to supply and fix] does not fall on him, but if falls on others (who go to the border and return).

(Mishnah): "V'Yasfu ha'Shotrim Ledaber El ha'Am v'Amru Mi ha'Ish ha'Yarei v'Rach ha'Levav Yelech v'Yashov l'Veiso" - R. Akiva says, one who fears, and his heart is soft, is like the simple meaning. He cannot stand in the thick of combat, and to see a drawn sword;

R. Yosi ha'Glili says, ha'Yarei v'Rach ha'Levav is someone who is afraid of his sins. Therefore, the Torah attributed for him all these to return for them (one who built a house, planted a vineyard or was Mekadesh a woman, so people will think that he returns for one of them).

R. Yosi says, [a forbidden marriage, e.g.] a widow to a Kohen Gadol, a divorcee or Chalutzah to a regular Kohen, a Mamzeres or Nesinah to a Yisrael, or a Bas Yisrael to a Mamzer or Nasin, this is ha'Yarei v'Rach ha'Levav.

(Gemara - Beraisa #1): It is written "v'Yasfu ha'Shotrim" - this is always an expression of an addition, like one who says 'I add to Rebbi's (the Kohen Gadol's) words.'

(Beraisa #2): The latter words [Mi ha'Ish ha'Yarei v'Rach ha'Levav] is the addition.

(R. Yosi): Two Tana'im taught [these two Beraisos]. The one who says 'I add to Rebbi's words', both the first and last [words, the officer] said them, and his Rebbi (the Kohen Gadol) said them. (V'Yasfu means, he repeats them.)

The one who says 'the latter words are the addition', the first words, the officer said them, and his Rebbi said them. The latter words, the officer said them, and his Rebbi did not say them. (V'Yasfu means, he says an additional matter.)

(R. Mana): One Tana taught them. The first words, the officer said them, and his Rebbi said them. The latter words, the officer said them, and his Rebbi did not say them. (V'Yasfu means, he says an additional matter.)

Question (against R. Yosi - Beraisa): At the border, the officer hears the Parshah ("Shema Yisrael Atem Kereivim...") from the Kohen, and says to the nation in every language. (This implies that at the ranks of war, when he says who should go home, he does not hear this from the Kohen!)

Question (against R. Mana - Seifa): However, at the ranks of war, the Kohen says it in every language and the officer broadcasts it to the nation in every language.

Answer: We can say that [the Kohen discusses one who built...., and the officer broadcasts this,] and he adds another matter on his own (one who fears...)

Consequence: If so, also [the Reisha] does not argue with R. Yosi. He can say that it is like the opinion that the first words, the officer said them, and his Rebbi said them. (The Reisha connotes that the Kohen said only "Shma Yisrael...", but due to the Seifa, we are forced to say that he says also 'one who built....') The latter words, the officer said them, and his Rebbi did not say them. (We explained this like SHA'AREI TORAS ERETZ YISRAEL.)

(Beraisa): All of them [who return] must bring a proof for their words (that they built, planted or were Mekadesh), except for one whose witnesses are with him (all can see that he is afraid).

Limitation: This is like the opinion that he cannot stand in the thick of combat, and a sword is drawn. However, according to the opinion that he is afraid of his sins, he must bring a proof.

Therefore, the Torah attributed for him all these to return for them, not to publicize the sinners. (If one must bring a proof of his sins, they are publicized! SHIREI KORBAN - such people can build, plant or betroth, to avoid publicizing their sin. LECHAYIM BI'YRUSHALYIM – he brings a proof in front of the Mashu'ach Milchamah and his top officers, but no one else knows why he returns. This is like a Chatas (mentioned after this) – the Kohen must know to offer and it eat like a Chatas, but others do not know.)

This is like R. Levi said in the name of Reish Lakish, "bi'Mkom Asher Tishachet ha'Olah Tishachet ha'Chatas Lifnei Hash-m", not to publicize the sinners (lest people know that he brings a Chatas. They can think that he brings an Olah!)

(Mishnah): "V'Hayah k'Chalos ha'Shotrim Ledaber El ha'Am u'Fakdu Sarei Tzeva'os b'Rosh ha'Am" - at the end of the nation.

They appoint valorous men at the front, and others in back of them, with iron axes in their hands, and they are allowed to cut the legs of anyone who wants to go back.

This is because falling is the beginning of fleeing - "Nas Yisrael Lifnei Felishtim v'Gam Magefah Gedolah Haysah va'Am", and below it says "va'Yanusu Anshei Yisrael Mipnei Felishtim va'Yiflu Chalalim b'Har ha'Gilbo'a."

What does this discuss? It is an optional war, but in a war that is a Mitzvah, everyone goes to fight, even a Chasan from his room and a Kalah from her bridal canopy;

R. Yehudah says, all this applies to a war that is a Mitzvah; but in an obligatory war, everyone goes to fight, even a Chasan from his room and a Kalah from her bridal canopy.

(Gemara) Question: It says "v'Hayah k'Chalos ha'Shotrim Ledaber El ha'Am u'Fakdu Sarei Tzeva'os b'Rosh ha'Am" - I know only at the head of the nation. What is the source for at the end of the nation?

Answer: [Instead of] Fakdu, [it says] u'Fakdu [to include at the back].

Question: This is like R. Akiva (who expounds the prefix Vov - Sanhedrin 51b). According to R. Yishmael [who does not, how can we answer]?

Answer: R. Yishmael holds like R. Meir, who calls the end of a rope 'Rosho' (its head. We do not need an inclusion for the back, for it is like the front; the enemy can come from either side.)

Question (R. Meir): "Ha'Chacham Einav b'Rosho" - where are a fool's eyes - on his feet?!

Answer (R. Aba Mari): A Chacham, when he is at the beginning of a matter, he knows what will be in its end.

Note: Our text connotes that R. Meir could not explain the verse, and no one answered it until R. Aba Mari, who was a late Amora! There must be a textual error; perhaps some texts said 'Amar', and some said 'Amrei', and a scribe wrote both of them, and a later scribe assumed that 'Amrei' is the acronym of 'Aba Mari.' (PF)

"Gad Gedud Yegudenu" - a troop comes to despoil him (Gad), and he despoils [the attacker].

Our Mishnah should say that fleeing is the beginning of falling.

(R. Yochanan): [The first Tana and R. Yehudah] differ [only] about connotations. R. Yehudah calls [what the first Tana calls] a war of Reshus, he calls it Milchamas Mitzvah, but [what R. Yehudah calls Milchamas] Chovah, even a Chasan leaves his room and a Kalah from her bridal canopy.

(Rav Chisda): They argue about the Halachah. Rabanan hold that Milchamas Mitzvah is the war of David [to conquer additional territory]. Milchamas Chovah is the war of Yehoshua;

R. Yehudah calls Milchamas Mitzvah when we attack others. Milchamas Chovah is when they attack us. (We explained this like PNEI MOSHE.)

Question: "Veha'Melech Asa Hishmi'a Es Kol Yehudah Ein Naki" - what does it mean "Ein Naki"?

Answer #1: R. Simon and Rabanan argued about this. R. Simon said, [even a Chasan] is not free to [stay in] his house for a year (for it was Milchamas Chovah. We explained this like PNEI MOSHE.)

Answer #2 (Rabanan): There is no [exemption for a] Rebbi, even a great Chacham.

(Mishnah): Parshas Eglah Arufah (beheading a calf when a murdered body is found) is said in Leshon ha'Kodesh, for it says "Ki Yimatzei Chalal ba'Adamah... v'Yatz'u Zekenecha v'Shoftecha";

Three judges of the great Sanhedrin in Yerushalayim go out;

R. Yehudah says, five go, for "Zekenecha" teaches two, "v'Shoftecha" teaches two, and we do not make an even Beis Din (i.e. with an even number of judges), so we add one more.

(Gemara): Presumably, [we know that Eglah Arufah must be in Leshon ha'Kodesh] only because it says "v'Anu v'Amru" (and we learn from "v'Anu ha'Leviyim v'Amru" - they said the Berachos and curses in Leshon ha'Kodesh. Our Mishnah does not mean that we learn from "Ki Yimatzei Chalal...";, it merely) starts from the beginning of the Parshah.)

"Ki Yimatzei", and not at a time when [murder is widespread, and corpses] are commonly found. "Ki Yimatzei" (you happen to find) - you need not pursue [to see if there is a Mes - PNEI MOSHE]. "Ki Yimatzei" - everywhere, Metzi'ah means with witnesses.

Question: "Lo Noda Mi Hikahu" - but if it is known who killed him, even if a male or female slave knows, we do not behead. And here you say so (there must be witnesses)?!

Answer: This refers to the murderer (if he is known, we do not behead). This refers to the victim (there must be witnesses).

Limitation: You say that if it is known who killed him, even if a male or female slave, we do not behead - this is when they say 'if we see him, we will recognize him.' However, if they say 'if we see him, we will not recognize him', we behead.

If Beis Din saw the murderer, [even] they say 'if we see him, we will not recognize him', they do not behead, for it says "our eyes did not see', and here they saw, in any case.

If Beis Din saw the victim - some teach that two stand and testify in front of [the rest of] them, and some teach that all of them stand and testify elsewhere (in front of another Beis Din).

(R. Yudah ben Pazi citing R. Zeira): Just like they argue here, so they argue about Edus ha'Chodesh. (If Beis Din saw the new moon, some teach that two stand and testify in front of [the rest of] them, and some teach that all of them stand and testify elsewhere.

(R. Yudah bar Pazi): "Chalal", and not one who is quivering.

If they saw him shaking here (and assessed that he will die), and they came afterwards and did not see him, I say that a miracle occurred for him, and he lived.

If they saw him quivering here, and they came and found him dead elsewhere, we measure from when he was found [dead, for it says "Ki Yimatzei Chalal"].

"Asher Hash-m Elokecha Nosen Lecha" excludes Chutz la'Aretz; "Lerishtah" excludes Yerushalayim, which is of all the Shevatim (no Shevet received it, and it teaches also) like R. Yishmael;

R. Yishmael says, wherever it says 'Bi'ah' (entering Eretz Yisrael) in the Torah, it is after 14 years - seven of conquest and seven that they divided. (Here, all hold like R. Yishmael, for it says Lerishtah. We explained this like MEICHAL HA'MAYIM.)

(R. Pinchas bei R. Bun): We will say that all 14 years, [when they found and buried a murdered body], they marked the place.

How did they do? Sheluchim of Beis Din went out and gathered his Simanim, dug and buried him, and marked his grave, so [after the 14 years of conquest and division finish,] Beis Din will go out from Lishkas ha'Gazis and measure. (SEFER NIR - they gathered Simanim in order to identify the victim, to enable his wife to remarry. Or, if witnesses saw this person murdered, we do not bring Eglah Arufah. I (PF) suggest that the Simanim specify where he was found, so later, Beis Din will be able to find it later.)

Note: How did this apply 'all 14 years', i.e. even at the beginning of the conquest? The coming Mishnah says that if there is a Nochri city nearby, Eglah Arufah does not apply! It applied in Ever ha'Yarden, and also west of the Yarden, in a place where they had already destroyed all the nearby Nochri cities. The finder would mark the grave only if he knew that this had been done. Or, he recorded the date, and Beis Din recorded the dates that they destroyed each city, so they would know whether or not a Nochri city was nearby at the time. (PF)