Sefer HaChinuch ספר החינוך

That the tribe of Levi not take a portion in the spoils: That the whole tribe of Levi not take a portion in that which Israel despoiled upon their entering into the Land (see Sefer HaMitzvot LaRambam, Negative Commandments 170), and in that which they would despoil from their enemies afterwards. And about this is it stated (Deuteronomy 18:1), “There shall not be a portion and inheritance for the priests.” And so [too,] does it appear in Sifrei Devarim 163, “‘Portion’ in the spoils, ‘inheritance’ in the land.” And let not the matter of a general prohibition be difficult for you about this negative commandment (as there appear to be two prohibitions from the same phrase); since two prohibitions come in Scripture about these two negative commandments — and they are, “There shall not be a portion and inheritance for the priests, the Levites,” and also afterwards, “And no inheritance shall be for him, etc.” (Deuteronomy 18:2). And these two negative commandments themselves are repeated for the priests, as it is stated with Aharon (Numbers 18:20), “In their land you shall not inherit, and there will not be a portion for you among them.” And they, may their memory be blessed, said (Sifrei Bamidbar 119), “‘In their land you shall not inherit’ — at the time of the division of the land; ‘and there will not be a portion for you among them’ in the spoils.” And even though the priests were in the tribe of Levi, the prevention is repeated about them for strengthening. And so [too,] all that is similar to this in the Torah, such that it repeats negative commandments in many places — it is all to strengthen the matter or to complete the law when it is not complete from the one negative commandment. And you will understand why God made it lack in one place and completed in another from that which I wrote at the beginning of the book of Eleh HaDevarim (Deuteronomy). And Rambam, may his memory be blessed, wrote (Sefer HaMitzvot LaRambam, Negative Commandments 170), “If we had counted these negative commandments, which are ‘In their land, you shall not inherit, etc.’ about the priests, additionally to the negative commandments stated about the Levites, etc., it would, according to this comparison, be fitting likewise for us to count the prohibition of the divorcee, the challalah and the zonah for the high priest as three additional negative commandments in addition to the three that came on every priest — whether common or high. And if the speaker say that this is so, we shall answer him with what they, may their memory be blessed, said in Kiddushin 77b that a high priest is only liable one [punishment] for a divorcee. And were the law to be [that a high priest is transgressing two commandments], he would be liable two for it — one because of [being] a priest, since a divorcee is forbidden to him, and a second from the angle of his being high priest, since she is forbidden to him in a different negative commandment. And from this type itself are the preventions that came to the priests for ‘They shall not make a bald spot on their heads, and they shall not shave their beards and their flesh they shall not gash with a gash’ (Leviticus 21:5); as they were already preceded for all of Israel more generally, in its stating, ‘You shall not round off the corner, etc.’ (Leviticus 19:27), ‘and you shall not place a bald spot’ (Deuteronomy 14:10), ‘And a marking for a soul, you shall not put onto your flesh, etc.’ (Leviticus 19:28). However these were repeated with the priests to complete the law, as is elucidated at the end of Tractate Makkot 20a. And therefore a priest that transgresses one of these is only liable for one [set] of lashes. And understand this principle and guard it.”

It is from the roots of the commandment [that] since they are the servants of God, it is not fit for them to use vessels snatched from the hand of people in war with the sword, the spear and the javelin. As only a thing that has come by way of peace, righteousness and faith should come to the House of God, and not [something] about which the heart of a man or a woman be troubled.

And this commandment is practiced at the time of the [Temple] with the tribe of the Levites. And one who transgresses it and takes a portion of the spoils violates this negative commandment. But there are no lashes for it, since it is possible to transgress it without an act, and it is given to repayment.