Midrasch zu Bereschit 1:25

After the Holy One, blessed be He, created his world, it is written: God blessed the seventh day (Gen. 2:3) After He created the beasts and the birds it is written: He blessed them (ibid., v. 28), and with reference to the creation of man it is written: He blessed them and called their name Adam (ibid. 5:2). He likewise blessed the reptiles and food.

(Gen. 6:9:) THESE ARE THE GENERATIONS OF NOAH; [NOAH WAS A RIGHTEOUS MAN]. Why the twofold NOAH NOAH? Because his children were righteous like him. R. Aha bar Ze'era said: Would you say the children of Noah were righteous, seeing that the generation of the flood was born in wickedness! Even as one would go unto a wife who was not his own, so would the cattle go to another species which was not their own. And where is it shown that the cattle were commanded not to go unto a species which was not their own? Where it is stated (in Gen. 1:25): AND GOD MADE THE BEAST OF THE EARTH AFTER ITS SPECIES, < THE CATTLE AFTER THEIR SPECIES >…. The Holy One SAID: You are permitted to be joined with your own species, but with another species it is forbidden.¹⁹Tanh., Gen. 2:5. The cattle, beasts, and fowl who entered the ark, however, were righteous in that they had been joined, not with another species, but only with their own. R. Pinhas bar Hiyya the Priest said: For thus it is written (in Gen. 8:19): THEY WENT FORTH FROM THE ARK ACCORDING TO THEIR FAMILIES. Did the cattle actually have families as it states: ACCORDING TO THEIR FAMILIES! < These words mean > simply that only those which were joined with their own species were worthy of entering the ark.

R. Ahava the son of R. Ze’era said: Even Noah’s sons, the animals, the beasts, the birds, and the creeping things that accompanied him into the ark were righteous. At the time of the generation of the flood, all flesh had corrupted their way upon the earth (Gen. 6:12), as it is stated in Scripture concerning them. The domesticated animals copulated with the beasts, the beasts with the animals, they with men, and the men with them. Therefore, it is stated: Behold, I will destroy them with the earth (ibid., v. 13). How do we know that at the very hour that they were created, the animals, the beasts, the birds, and the creeping things were commanded not to copulate with any species other than their own? It is written: And God made the beast of the earth after its kind (Gen. 1:25). The Holy One, blessed be He, told them: Each shall cleave to its own and is forbidden to go to another.

(Numb. 4:18:) “Do not cut off.” Let our master instruct us: In the case of one who commits a transgression punishable with excision according to the Torah, how do they receive pardon [and] become freed from their excision?¹¹⁹See Numb. R. 5:4. Thus have our masters taught (in Mak. 3:15): All who are liable to excision, when they have been scourged, are exempt from their excision, as stated (in Deut. 25:2-3), “then the judge shall have him lie down…. He may give him forty lashes but no more…; then your brother would be degraded.” When he has been scourged, then he is [again] your brother. And why forty lashes? It is simply that, because this adam was forty days in creation¹²⁰The Rabbis believed that the fetus takes forty days to develop into a human shape. See Nid. 3:7; Ber. 60a; Men. 99b; also Philo, Quaestiones, Gen. 1:25. and transgressed against the Torah, which was forty days in the giving, he will be given forty lashes and be exempt from his punishment (i.e., from excision). And so you find in the case of the first Adam. When he was commanded and told (in Gen. 2:17), “But from the tree of the knowledge of good and evil you shall not eat …,” he incurred the sentence of death; and the world was scourged with forty punishments: ten for Adam, ten for Eve, ten for the serpent, ten for the land. Therefore, when a person commits one of the transgressions [punishable by death], he is scourged with forty lashes. And so you find with each and every thing that the Holy One, blessed be He, commanded Moses, [there were] warnings and punishments. It is written concerning the Sabbath (Exod. 20:8), “Remember the Sabbath day,” as a warning; and as a punishment (there is Exod. 31:14), “whoever profanes it shall surely be put to death.” They came to the desert and (according to Numb. 15:32) found one gathering [wood on the Sabbath], but Moses did not know by what death he should be killed. However, (according to Lev. 24:12) “They left him in custody [because it was not clear what should be done to him.]” The Holy One, blessed be He, said (in vs. 35), “The person shall surely be put to death; [all the congregation] shall stone him with stones.” Immediately Moses rose in prayer and said, “Sovereign of the world, if a man should so sin, should he [really] be stoned? Behold, they would be destroyed. Make an [other] arrangement for them.” He said to him, “Let them be scourged with forty lashes, and they will be exempt from excision.” Similarly when the children of Aaron died, the tribe of Kohath saw them. They began yelling to Moses, saying, “Are we to die like that?” The Holy One, blessed be He, said to Moses, “Just as I have made an [alternate] arrangement for Aaron, as stated (in 16:3), ‘In this way shall Aaron come [into the sanctuary]…’; so also for the Kohathite families I am making a similar arrangement, lest they die, as stated (Numb. 4:19), ‘Do this for them (i.e., for the Kohathites) that they may live and not die….’” Where is it shown? From what they read on the matter (in Numb. 4:18), “Do not cut off….”

[(Numb. 4:18:) DO NOT CUT OFF.] Let our master instruct us: In the case of one who commits a transgression punishable with excision according to the Torah, how do they receive pardon <and> become freed from their excision?¹⁴³Tanh., Numb. 1:23; see Numb. R. 5:4. Thus have our masters taught (in Mak. 3:15): ALL WHO ARE LIABLE TO EXCISION, WHEN THEY HAVE BEEN SCOURGED, ARE EXEMPT FROM THEIR EXCISION, AS STATED (in Deut. 25:2-3): THEN THE JUDGE SHALL HAVE HIM LIE DOWN…. HE MAY GIVE HIM FORTY LASHES BUT NO MORE…; THEN YOUR BROTHER WOULD BE DEGRADED. WHEN HE HAS BEEN SCOURGED, THEN HE IS <AGAIN> YOUR BROTHER. And why forty lashes? It is simply that, because this adam was forty days in creation¹⁴⁴The Rabbis believed that the fetus takes forty days to develop into a human shape. See Nid. 3:7; Ber. 60a; Men. 99b; also Philo, Quaestiones, Gen. 1:25. and transgressed against the Torah, which was forty days in the giving, he will be given forty lashes and be exempt from his punishment (i.e., from excision). And so you find in the case of the first Adam. When he was commanded and told (in Gen. 2:17): BUT FROM THE TREE OF THE KNOWLEDGE [OF GOOD AND EVIL YOU SHALL NOT EAT …], he incurred the sentence of death; and the world was scourged with forty punishments: ten for Adam, ten for Eve, ten for the serpent, ten for the land. Therefore, when a person commits one of the transgressions <punishable by death>, he is scourged with forty lashes. And so you find with each and every thing that the Holy One commanded Moses, < there were> warnings and punishments. It is written concerning the Sabbath (Exod. 20:8): REMEMBER THE SABBATH DAY, as a warning; and as a punishment (there is Exod. 31:14): WHOEVER PROFANES IT SHALL SURELY BE PUT TO DEATH. They came to the desert and (according to Numb. 15:32) found one gathering <wood on the Sabbath>, but Moses did not know by what death he should be killed. However, {(according to Lev. 24:12) THEY LEFT HIM IN CUSTODY <WHILE WAITING> FOR A CLARIFICATION TO THEM FROM THE MOUTH OF THE LORD.} [(according to Numb. 15:34) AND THEY LEFT HIM IN CUSTODY <BECAUSE IT WAS NOT CLEAR WHAT SHOULD BE DONE TO HIM.>] The Holy One said (in vs. 35): THE PERSON SHALL SURELY BE PUT TO DEATH; <ALL THE CONGREGATION> SHALL STONE HIM WITH STONES <OUTSIDE OF THE CAMP>. Immediately Moses rose in prayer and said: Sovereign of the World, if someone from Israel should so sin, should he <really> be stoned? Behold, <Israel> would be destroyed. Make <another> arrangement for them. He said to him: Let them be scourged with forty lashes, and they will be exempt from excision. Similarly when the children of Aaron died, the tribe of Kohath saw them. They began yelling at Moses, saying: Are we to die like that? The Holy One said to Moses: Just as I have made an <alternate> arrangement for Aaron, as stated (in 16:3): <ONLY> IN THIS WAY SHALL AARON COME <INTO THE SANCTUARY>: …; so also for the Kohathite families I am making a similar arrangement, lest they die when they come unto the Holy of Holies. (Numb. 4:19): DO THIS FOR THEM (i.e., for the Kohathites) THAT THEY MAY LIVE AND NOT DIE…. Where is it shown? From what they read on the matter (in Numb. 4:18): DO NOT CUT OFF THE TRIBE OF THE KOHATHITE FAMILIES <FROM THE LEVITES>.