Midrasch zu Schemot 21:30

... “And David went and he took the bones of Saul and the bones of Jonathan his son from the men of Jabesh- gilead… And he brought up from there the bones of Saul and the bones of Jonathan his son…” (Shmuel II 21:12-13) What did David do? He went and gathered all the elders and great ones of Israel, crossed the Jordan River, and came to Yavesh-gilead. He found the bones of Shaul and his son Yonatan, placed them in a casket and crossed back over the Jordan, as it says “And they buried the bones of Saul and Jonathan his son in the country of Benjamin in Zela, in the tomb of Kish his father and they did all that the king commanded…” (Shmuel II 21:14) What does ‘in Zela, in the tomb of Kish his father’ mean? It comes to teach us that they brought them to the border of Jerusalem and buried them there. Zela is next to Jerusalem, as it says “And Zelah, Eleph, and the Jebusite, which is Jerusalem…” (Yehoshua 18:28) ‘and they did all that the king commanded’ And what did the king command? He commanded that they carry Shaul’s casket from tribe to tribe. As Shaul’s casket entered each tribe’s territory all the men, women and children came out in order to perform an act of loving kindness to Shaul and his sons and thereby all of Israel would fulfill its obligation to loving kindness. This went on until they reached the land of his portion on the border of Jerusalem. Since the Holy One saw that they did loving kindness to Shaul and fulfilled the judgement of the Givonites He was immediately filled with mercy and sent rain upon the land, as it says “And God was entreated for the land after that.” (Shmuel II 21:14) From this we learn how close the Holy One brings those that are far away, even though they converted not for the sake of heaven. There is no need to even mention how he draws near righteous converts, “O Lord, all the kings of the earth will acknowledge You…” (Tehillim 138:4)

(Exod. 23:20:) BEHOLD, I AM SENDING AN ANGEL <BEFORE YOU TO GUARD YOU ON THE WAY>…. This text is related (to Jer. 3:19): THEN I SAID: HOW WOULD I⁴¹This translation fits the context of the midrash. PUT (rt.: ShYT) YOU AMONG THE CHILDREN,… !⁴²Tanh., Exod. 6:17; see below, Tanh. (Buber), Numb. 4a:15. R. Eleazar ben Pedat says: What is this <expression>: WOULD I PUT (rt.: ShYT) YOU? It had occurred to me that we, I and you, would be < alone > in the world.⁴³Tanh., Exod. 6:17, adds, “I as father and you as children.” How did you manage for me to bring the peoples of the world in among you?⁴⁴Cf. Tanh., Exod. 6:17: “How did you manage to bring the peoples of the world in between me and you?” This expression is nothing but an expression of setting apart (as in Gen. 30:40): AND HE PUT (rt.: ShYT) HIS OWN FLOCKS <APART>…. R. Hama bar Hanina said: What is the meaning of WOULD I PUT (rt.: ShYT) YOU?⁴⁵Cf. Exod. R. 32:2. There was a great love between me and you.⁴⁶Below, Tanh. (Buber), Lev. 7:12; Numb. 4a: 15; Exod. R. 32:2. How did you manage that I should hate you? (Jer. 3:19:) HOW WOULD I PUT (rt.: ShYT) YOU AMONG THE CHILDREN! This expression is nothing but an expression of hatred, as used (in Gen. 3:15): I WILL PUT (rt.: ShYT) ENMITY <BETWEEN YOU AND THE WOMAN>. Another interpretation (of Jer. 3:19:) HOW WOULD I PUT (ShYT) YOU AMONG THE CHILDREN ! R. Joshua ben Levi said: I spoke in <your> defense.⁴⁷Gk.: synegoria. You behaved toward me so that I denounced you and pronounced you guilty (rt.: HYB). The expression (rt.: ShYT) is nothing but an expression of guilt (rt.: HYB), as used (concerning one guilty of negligence in Exod. 21:30): IF A RANSOM IS PUT (rt.: ShYT) UPON HIM, <HE SHALL GIVE WHATEVER IS PUT (rt.: ShYT) UPON HIM TO REDEEM HIS LIFE>. Another interpretation (of Jer. 3:19:) HOW WOULD I PUT (ashit; rt.: ShYT) YOU AMONG THE CHILDREN! R. Berekhyah the Priest said: You were as dear to me as someone who has a single field, which he fertilizes, cultivates, and weeds. So dear were you to me. Your behavior toward me was for you to commit lawlessness. Now this word (ashit) is nothing but an expression for lawlessness, as used (in Is. 5:6): AND I WILL MAKE (ashit) IT (i.e., the Holy One's vineyard) A DESOLATION. (Jer. 3:19, cont.:) AND GIVE YOU A DESIRABLE LAND, a land that the great ones of the world (i.e., the patriarchs) desired.⁴⁸Below, Tanh. (Buber), Numb. 4a: 16. Abraham said to the Hittites (in Gen. 23:4): GIVE ME A BURIAL SITE. The Holy One also endeared it to {the children of} Isaac, as stated (in Gen. 26:3): RESIDE IN THIS LAND, <AND I WILL BE WITH YOU AND BLESS YOU>…. Jacob said (according to Gen. 50:5): IN MY GRAVE WHICH I DUG FOR MYSELF <IN THE LAND OF CANAAN, THERE YOU SHALL BURY ME>. Ergo (in Jer. 3:19): A DESIRABLE LAND. (Ibid., cont.:) <THE MOST> [BEAUTIFUL HERITAGE] <OF ALL THE NATIONS>. What is the meaning of <THE MOST> BEAUTIFUL (tsevi) HERITAGE? Just as in the case of a deer (tsevi), when one slaughters it, strips off its hide, and tries to return the flesh into the hide, it does not contain it, so the land of Israel does not contain its produce. What is written (in Is. 30:24)? AS FOR THE OXEN AND ASSES THAT WORK THE GROUND, THEY SHALL EAT FERMENTED FODDER, WHICH HAS BEEN WINNOWED WITH SHOVEL AND PITCH FORK. First they winnow with the SHOVEL and after that with the PITCH FORK. Why? Because there was more grain than straw. Even so there was produce in <further> winnowing the straw. Where is it shown? Where it is stated (ibid.): FERMENTED MASH, WHICH HAS BEEN WINNOWED WITH SHOVEL AND PITCH FORK. Mashes are from produce. Ergo (in Jer. 3:19): [A DESIRABLE LAND,] <THE MOST> BEAUTIFUL (tsevi) HERITAGE (understood in the sense of THE MOST DEERLIKE HERITAGE), a land which does not contain its produce, a land which was so good that all the kings of the world desired it. It is written (in Josh. 12:9): THE KING OF JERICHO, ONE; THE KING {FOR AI} [OF AI WHICH IS BESIDE BETHEL], ONE. Now there are only three miles⁴⁹Lat.: mille. between Jericho and Ai; yet it says: THE KING OF JERICHO. It is simply that whoever has a possession outside of the land without having a possession in the land of Israel was not called a king.⁵⁰Sifre, to Deut. 7:12 (37); Gen. R. 85:14. Why? Because they longed for the land of Israel. R. {Isaac} [Johanan] said: What is written (in Josh. 7:21): I SAW AMONG THE SPOILS A <FINE> SHINAR MANTLE, <i.e.> a Babylonian⁵¹Gk.: Babylonikon; Lat.: Babylonicum. robe of royal purple,⁵²Gk.: porphura; Lat.: purpura. which the king of Babylon wore to rule in Jericho. Ergo (in Jer. 3:19): THE MOST BEAUTIFUL HERITAGE OF THE NATIONS.⁵³According to this reasoning, the various kingships were so close to each other in Israel because every king needed a seat in Israel in order to be regarded as a king. (Ibid., cont.:) AND I SAID YOU SHALL CALL ME FATHER. Just as a father is obliged <to provide > for his daughter's enjoyments, so did I bring down rain for you. (Exod. 16:14:) WHEN THE LAYER OF DEW HAD GONE UP, <THERE ON THE FACE OF THE EARTH LAY SOMETHING FINE AND FLAKY>…. (Jer. 3:20:) SURELY AS A WOMAN BREAKS FAITH WITH HER LOVER <SO YOU HAVE BROKEN FAITH WITH ME, O HOUSE OF ISRAEL>. R. Judah bar Simon said: Oh that <you were> like an unfaithful wife. This <kind of> a woman, who has a lover, gives him food, drink, and love. When his power is diminished, she leaves him and goes away. SURELY AS A WOMAN BREAKS FAITH WITH HER LOVER. I have not done so to you. The manna came down for you, and the well rose up. I did not deprive you of anything when you were unfaithful with me. See, I gave you an angel who watched over you. (Exod. 23:20:) SEE, I AM SENDING YOU AN ANGEL <TO WATCH OVER YOU>. When you became worthy and received the Torah, I went before you in person. But now, when you have been found guilty, here I am <merely> (ibid.:) SENDING AN ANGEL BEFORE YOU. [Another interpretation:]⁵⁴Tanh., Exod. 6:18. The Holy One said to Moses: I am sending <an angel> before you but not before them. He said: If you send <him> out before me, I do not want <him>; but Joshua saw the angel and fell down before him. What did he say to him (in Josh. 5:13)? ARE YOU FOR US OR FOR OUR ADVERSARIES? When he said to him: ARE YOU FOR US? he began to cry in great anguish.⁵⁵Literally: “From under the nails of his feet.” (Ibid., vs. 14:) Then he said: NO, BUT [I] AM THE CAPTAIN OF THE LORD'S HOST. NOW I HAVE COME.⁵⁶Gen. R. 97:3 (traditional text only). Here are two times that I have come to give Israel an inheritance. I am the one who came in the days of your master, Moses; but he rejected me. (Ibid., cont.:) NOW I HAVE COME. THEN JOSHUA FELL ON HIS FACE. He saw him and fell on his face, but when Moses saw <him>, he rejected him. The Holy One said (in Exod. 23:20): SEE, I AM SENDING AN ANGEL BEFORE YOU, to you and to whomever observes the Torah [as you <do>. Resh Laqish said: It is written (in Ps. 91:4): HE WILL COVER YOU WITH HIS PINIONS AND YOU WILL FIND REFUGE UNDER HIS WINGS, <i.e.> all who observe the Torah.] (Ibid., cont.:) HIS FIDELITY IS A SHIELD AND BUCKLER. Therefore (in Exod. 23:20): < I AM SENDING MY ANGEL BEFORE YOU > TO GUARD YOU ON THE WAY….

Another interpretation (of Lev. 19:23), “When you come into the land.” This text is related (to Jer. 3:19), “But I said how I would put you among the children and give you a desirable land!” The situation is comparable to a king who had concubines and had a lot of children. But he had one child by a certain matron,³⁵Lat.: matrona. and he loved him to excess. The king gave fields and vineyards to all the children of the concubines, and after that he gave his [beloved] son a garden³⁶Pardes, which can also denote paradise. from which all his food³⁷This Latin words mean “food provisions,” “food receptacle,” or “larder.” The passage uses the word in more than one of these senses. came. The son sent and said to his father, “To the children of the concubines you have given fields and vineyards, but to me you have [only] given one garden?” The king said to him, “By your life, all my food (cellaria) comes to me from this garden; and because I love you more than your brothers, I have given it to you.” Similarly the Holy One, blessed be He, created the peoples of the world, just as it is stated (in Cant. 6:8), “There are sixty queens and eighty concubines and damsels without number,” these are the peoples; (vs. 9), “[Only ] one is my dove, my perfect one,” this is the congregation of Israel. Now the Holy One, blessed be He, has distributed fields and vineyards to the peoples of the world, as stated (in Deut. 32:8), “When the Most High gave the gentiles an inheritance”; but to Israel He has given the Land of Israel, the larder (cellaria) of the Holy One, blessed be He. The offerings come from it; the shewbread comes from it; the first fruits come from it; the omer comes from it; all the good things in the world come from it. Why all this? In order to make a distinction between the son of the matron and the children of the concubines, as stated (in Jer. 3:19), “But I said how I would put you among the children and give you a desirable land!” There was great love between the Holy One, blessed be He, and Israel; so how did they bring in the enmity.³⁸Above, Exod. 6:10; below, Numb. 4a: 15. The Holy One, blessed be He, said (ibid.), “how I would put (ashit) you,” and this language can only be the language of enmity. Thus it is stated (in Gen. 3:15), “I will put (ashit) enmity between you and the woman.” Another interpretation (of Jer. 3:19), “how I would put (ashit) you.” The Holy One, blessed be He, said to them, “I have spoken in your defense.³⁹Gk.: synegoria, “advocacy”. How have you made Me bring charges⁴⁰QTRG. Cf. Gk.: kategorein. against you?” Now this can only be the language of an accuser,⁴¹Gk.: kategor. as stated (concerning one guilty of negligence in Exod. 21:30), “If a ransom is put (rt.: shyt) upon him.”

Another interpretation (of Jer. 3:19): HOW I WOULD PUT YOU AMONG THE CHILDREN. The Holy One said to them: I have spoken in your defense.⁴⁹Gk.: synegoria, “advocacy”. How have you made me bring charges⁵⁰QTRG. Cf. Gk.: kategorein. against you? (Ibid.:) HOW I WOULD PUT (rt.: ShYT) YOU AMONG THE CHILDREN. Now this can only be the language of an accuser,⁵¹Gk.: kategor. as stated (concerning one guilty of negligence in Exod. 21:30): IF A RANSOM IS PUT (rt.: ShYT) UPON HIM….

Another interpretation (of Jer. 3:19): HOW I WOULD PUT YOU AMONG THE CHILDREN! R. Joshua the Levite said: The Holy One said: I argued in your defense³⁰Gk.: synegoria., but you made me one who argues your prosecution.³¹Gk.: kategoria. HOW I WOULD PUT (rt.: ShYT) YOU AMONG THE CHILDREN? This language can only be the language of guilt, since it is stated (concerning one found guilty of negligence in Exod. 21:30): IF A RANSOM IS PUT (rt.: ShYT) UPON HIM, <HE SHALL GIVE WHATEVER IS PUT (rt.: SHYT) UPON HIM TO REDEEM HIS LIFE>.

R. Hama the son of Hanina stated: How would I put thee among the sons is an expression that indicates enmity, as in the verse: And I will put enmity between thee and the woman (ibid. 3:15). A great love existed between Me and you, as it is said: I have loved you (Mal. 1:2), but ye have engendered hatred upon yourselves. R. Joshua the son of Levi said: How would I put thee among the sons implies that though I defended you, you have condemned yourselves, for the word put thee is an expression that indicates guilt, as in the verse If there is put upon him a ransom (Exod. 21:30). R. Berechiah argued: Put thee is an expression that implies neglect, as in the verse And I will put it to waste; it shall not be pruned nor hoed, but there shall come up briars and thorns (Isa. 5:6). You were as precious to Me as a beautiful vineyard is to the man who plows it, clears it of stones, and hoes it, but then you declared yourselves free of Me. Wherefore, when I looked at it that it should bring forth grapes, brought it forth wild grapes (ibid., v. 4).

(Bamidbar 35:29) "And these shall be for you a statute of judgment": to obtain throughout the generations": in Eretz Yisrael and outside of it. (30) "Whoever would kill a soul, by the testimony of witnesses shall he kill the slayer": What is the intent of this? From (19) "The avenger, he shall kill him," I might think that he may kill him in beth-din without witnesses. It is, therefore, written "Whoever would kill a soul, by the testimony of witnesses, etc." He kills him only in beth-din and by witnesses. "and one witness shall not testify against a soul to have him put to death": (but) he can testify towards acquittal. And one witness can testify towards (imposing) an oath. "and one witness": This is a prototype, viz.: Wherever "witness" is written, two are understood, unless "one" is specified. (31) "And you shall not take ransom for the soul of a murderer": What is the intent of this? From (Shemot 21:30) "When ransom is set for him" (one whose ox killed a man), I might think that just as "redemption" is given for those subject to death at the hands of Heaven, so, is it given for those liable to death by man (i.e., beth-din). It is, therefore, written "And you shall not take ransom." R. Yoshiyah says: If one were taken out to be executed and he injured others, he is liable. If others injured him, they are not liable for (injuring) his person, (for he is considered "dead"), but they are liable for (damage to) his property. Whence is this derived? From "And you shall not take ransom," (indicating that he is regarded as "dead.") — But perhaps this obtains even if his verdict has not yet been consummated? It is, therefore, written "who is liable to die." Until his verdict has been consummated, he (i.e., one who injures him) is liable. Once his verdict has been consummated, he is not liable. R. Yonathan says: If one were being taken out to be executed, and another came forward and killed him, he is not liable. Even if his verdict has not yet been consummated? It is, therefore, written "until he is liable to die." Until his verdict has been consummated, he (i.e., one who kills him) is liable. Once his verdict has been consummated, he is not liable.