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536:1

שֶׁלֹּא לְהָלִין הַתָּלוּי – שֶׁלֹּא נַעֲזֹב הַתָּלוּי לְהָלִין עַל הָעֵץ, שֶׁנֶּאֱמַר (דברים כא כג) לֹא תָלִין נִבְלָתוֹ עַל הָעֵץ, זוֹ מִצְוַת לֹא תַעֲשֶׂה. כָּל עִנְיָן הַמִּצְוָה, כָּתוּב בְּמִצְוַת עֲשֵׂה שֶׁלּוֹ שֶׁבְּסֵדֶר זֶה (מצוה תקלז), וְאֵין לְהַאֲרִיךְ בְּמָה שֶׁאֵין צֹרֶךְ בּוֹ. וְשָׁם כָּתוּב, שֶׁאַף הַמֵּלִין מֵתוֹ שֶׁלֹּא לִכְבוֹדוֹ עוֹבֵר בְּלָאו.

To not leave one that is hung overnight: To not leave overnight on the pole the one who is hung, as it is stated (Deuteronomy 21:23), “You shall not leave his carcass on the pole overnight.” This is a negative commandment. The entire matter of the commandment is written in its [corresponding] positive commandment in this Order (Sefer HaChinukh 537), and we shall not be lengthy about what there is no need. And there it is written that even someone who leaves his [relative’s] dead body overnight not for his (the dead person’s) honor transgresses a negative commandment.

To not leave one that is hung overnight: To not leave overnight on the pole the one who is hung, as it is stated (Deuteronomy 21:23), “You shall not leave his carcass on the pole overnight.” This is a negative commandment. The entire matter of the commandment is written in its [corresponding] positive commandment in this Order (Sefer HaChinukh 537), and we shall not be lengthy about what there is no need. And there it is written that even someone who leaves his [relative’s] dead body overnight not for his (the dead person’s) honor transgresses a negative commandment.

Texts

  • Hebrew: Vocalized Edition · License: unknown
  • English: Sefer HaChinukh, translated by R. Francis Nataf, Sefaria 2018 · License: CC0

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