Halakhah zu Bamidbar 16:14
אַ֡ף לֹ֣א אֶל־אֶרֶץ֩ זָבַ֨ת חָלָ֤ב וּדְבַשׁ֙ הֲבִ֣יאֹתָ֔נוּ וַתִּ֨תֶּן־לָ֔נוּ נַחֲלַ֖ת שָׂדֶ֣ה וָכָ֑רֶם הַעֵינֵ֞י הָאֲנָשִׁ֥ים הָהֵ֛ם תְּנַקֵּ֖ר לֹ֥א נַעֲלֶֽה׃
Du hast uns noch nicht in ein Land, das von Milch und Honig fließt, gebracht, dass du uns gegeben hättest ein Erbe an Feld und Weinberg! Willst du diesen Leuten die Augen ausstechen? Nein, wir kommen nicht zu dir!
Gray Matter II
From where do we know that an agent of beit din is sent to summon a defendant? As it is written (Bemidbar 16:12), “Moshe1See Nimukei Yosef (Mo’eid Katan 8a in the Rif’s pages s.v. Ata Uploni) regarding whether Moshe was considered the equivalent of an actual dayan or merely a messenger of the beit din in the dispute with Korach. sent forth to summon Datan and Aviram the sons of Eliav.” [How do we know that] we inform the defendant that he will be judged in the presence of a great man? As it is written (Bemidbar 16:16), “Moshe said to Korach, ‘You and your entire assembly, appear before Hashem.’” [How do we know that] we mention the plaintiff? As it is written (ibid.) “You, they, and Aharon.” [How do we know that] a set date is mentioned in the hazmanah? As it is written (ibid.), “Tomorrow.” [How do we know that] a second hazmanah is sent? As it is written (Yirmiyahu 46:17, as explained by Rashi; however, see Ritva), “Place Paroh, King of Egypt, in excommunication for having ignored his appointed time more than once.” From where do we learn that the agent of the court [who delivers the summons] is permitted to report to the beit din [about the actions of a recalcitrant defendant] without concern for violating lashon hara (slander) prohibitions? As it is written (Bemidbar 16:14), “Even if you would gouge out the eyes of those men, we shall not go up.” [The court agent must have told Moshe that Datan and Aviram made these remarks, or else he would not have known about the remarks in order to respond angrily – Rashi s.v. Ha’einei.] From where do we derive that we excommunicate (nidui) one who refuses to appear in beit din? As it is written (Shoftim 5:23), “Curse Meroz [for their refusal to join the battle against Chatzor].”
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