Talmud zu Schemot 19:10

What is the fence that Moses made around his words? It says (Exodus 19:10), “The Eternal said to Moses: Go to the people, and keep them holy, today and tomorrow.” But Moses the Righteous did not want to say this to them the way that the Holy Blessed One said it to him. So instead he said this to them (Exodus 19:15): “Prepare yourselves: for three days do not go near a woman.” Moses added an extra day for them on his own. (For this is what) Moses reasoned [to himself]: A man will go be with his wife [on the first day] and then his semen will come out of her on the third day, and then they will be [ritually] impure. And so Israel will receive words of Torah from Mount Sinai while in a state of impurity! Instead, I will add a third day for them (so that no man goes to be with his wife, and no semen will come out of her on the third day), and they will be [ritually] pure (and so they will receive Torah from Mount Sinai in a state of purity).
This is one of the things that Moses decided on his own (as a more strict ruling), and his decision was in accordance with the will of the Omnipresent God. He broke the tablets, and his decision was in accordance with the will of the Omnipresent God. He stayed outside the Tent of Meeting, and his decision was in accordance with the will of the Omnipresent God. He stayed apart from his wife, and his decision was in accordance with the will of the Omnipresent God. How so? He said to himself: If Israel need only remain in a state of holiness for a short period of time, and need only be ready to receive the Ten Commandments from Mount Sinai, and yet the Holy Blessed One said to me (Exodus 19:10), “Go to the people, and keep them holy, today and tomorrow”; then I, who am appointed [to receive the Divine Countenance] every day, at every moment, and do not know when He will speak with me, nor whether it will be during the day or at night – all the more so must I stay apart from my wife! And his decision was in accordance with the will of the Omnipresent God. Rabbi Yehudah ben Beteira said: He did not stay apart from his wife until he was told to straight from mouth of the Almighty, as it says (Numbers 12:8), “Mouth to mouth I speak to him”; that is, mouth to mouth I told him to stay apart from his wife, and so he did. Another opinion also held that Moses did not stay apart from his wife until he was told to straight from the mouth of the Almighty, [but derived it instead from these verses] (Deuteronomy 5:27–28): “Go and tell them to return to their tents,” and then after that it says, “But you stay here with Me.” So [Moses] returned [to God] and stayed apart [from his wife], and his decision was in accordance with the will of the Omnipresent God.
He stayed outside the Tent of Meeting. How so? He said to himself: If my brother Aaron, who was anointed with the anointing oil, and wrapped in [the priestly] garments, and is able to use all these things in a state of holiness, and yet the Holy Blessed One said to me (Leviticus 16:2), “Tell your brother Aaron he may not come any time he wishes into the Sanctuary”; then I, who am never allowed in – all the more so should I stay outside the Tent of Meeting! So he stayed outside the Tent of Meeting, and his decision was in accordance with the will of the Omnipresent God.
He broke the tablets. How so? They say that when Moses went up on High to receive the tablets, he found that they had already been written and set aside during the six days of Creation, as it says (Exodus 32:16), “And the tablets were the work of God, and the writing was God’s writing, engraved there upon the tablets.” (Do not read “engraved” [harut], but “freedom” [herut], for anyone who labors in Torah makes himself a free man.) At that moment, the angels who serve God pinned an accusation on Moses, saying: Master of the World, [it says] (Psalms 8:5–9), “What is the human that You should be mindful of him, the son of man that You should take note of him? You have made him a little less than God, and crowned him with glory and splendor. You have set him up to rule over Your handiwork. The world is beneath Your feet. Sheep and oxen, and all of them, and wild beasts as well. The birds of the heavens, and the fish of the sea.” So they spoke behind Moses’ back and asked: Why is this one, born of an earthly woman, worthy of ascending to the heights? as it says (Psalms 68:19), “You went up to the heights, having taken captives, having taken gifts.” He took them and went down, and was overjoyed. But when he saw that they were disgracing themselves with the Golden Calf, he said to himself: How can I give them these tablets? I will be binding them in serious commandments, and causing them to deserve death from Above! For it is written on these tablets, “You shall have no other gods before Me” (Exodus 20:3). So he started to go back up. The seventy elders saw him and ran after him. He was holding on to one end of the tablets, and they grabbed on to the other end. But Moses’ strength was greater than all of theirs, as it says (Deuteronomy 34:12), “And for all the awesome power that Moses displayed before all of Israel.” (He looked and saw that the writing was flying off them, and he said: How can I give these tablets to Israel? For there is nothing on them! So instead, I will take ahold of them and smash them, as it says [Deuteronomy 9:17], “I grabbed the two tablets, and I cast them out of my two hands, and I broke them.”) Rabbi Yosei HaGalili says: I will give you a parable. To what can this be compared? [It can be compared] to a human king who said to his messenger: Go out and betroth to me a beautiful, gracious maiden, whose deeds are lovely. The messenger went and betrothed such a woman. But after he betrothed her, he went and found her cheating with someone else. He made an instant (a fortiori) judgment with himself and said: If I give her the marriage contract now, she will immediately deserve death. [So let her instead] be released from my master forever. So, too, did Moses the Righteous make an (a fortiori) judgment with himself, and said: How can I give these tablets to Israel and bind them in serious commandments and cause them to deserve death? For it is written upon them (Exodus 22:19), “One who sacrifices to any gods other than the Eternal alone will be put to death.” So instead (I will take ahold of them and smash them, and thereby return the people to good standing, lest Israel say: Where are the first tablets that you brought down? These things are counterfeit! Rabbi Yehudah ben Beteira says: Moses did not break the tablets until he was told to straight from the mouth of the Almighty, as it says [Numbers 12:8], “Mouth to mouth I speak to him” – that is, mouth to mouth I said to him: Break the tablets!) And there are others who say: Moses did not break the tablets until he was told to straight from the mouth of the Almighty, as it says (Deuteronomy 9:16), “I saw there that you had sinned against the Eternal your God.” It says only, “I saw there,” because he saw the writing flying off [the tablets]. Others say: Moses did not break the tablets until he was told to straight from the mouth of the Almighty, as it says (Deuteronomy 10:5), “[The tablets] were there, as the Eternal had commanded me.” It says only, “commanded me,” because [first] he was commanded to [break them], and then he broke them. Rabbi Elazar ben Azariah says: Moses did not break the tablets until he was told to straight from the mouth of the Almighty, as it says (Deuteronomy 34:12), “…that Moses performed before all of Israel.” Just as later on he was commanded and then did, so too here, he was commanded and then did. (Rabbi Akiva says: Moses did not break the tablets until he was told to straight from the mouth of the Almighty, as it says [Deuteronomy 9:17], “I took ahold of the two tablets.” A person can take ahold only of that which he has been permitted by his Creator. Rabbi Meir says: Moses did not break the tablets until he was told to straight from the mouth of the Almighty, as it says [Deuteronomy 10:2], “That [asher] which you broke”: Well done [yishar koach] that you broke them!)¹Rashi says the language of asher, “that,” is like the language of ishur, “permission.” I think it more likely that the text is making a play on words between asher and yishar [koah], “well done.” [trans.]

There⁹⁶Mishnah Miqwaot 8:3., we have stated: “One who loses semen⁸Human semen is impure (Lev. 15:16–17 and sexual intercourse makes impure, v. 18. Semen which no longer can fertilize is not impure. The question is how long after intercourse must one suspect that semen released by the female still produces impurity? The answer which is given here states that semen may stay alive inside the woman’s body for three days. on the third day is pure, the words of Rebbi Eleazar ben Azariah⁹⁷As explained later in the Halakhah, he strictly goes by the count of days, not measuring the time elapsed.. Rebbi Ismael says, sometimes they are four terms, sometimes they are five, sometimes they are six⁹⁸He essentially accepts R. Eleazar ben Azariah’s interpretation; only he quantifies it in “terms”. A term is either a night, from sundown to sunrise, or a day, from sunrise to sundown. Six terms are required if the woman had intercourse at sundown or sunrise, when it is not clear whether ejaculation occurred before or after the start of a new term.. Rebbi Aqiba says, always they are five⁹⁹In fact he always requires 60 hours elapsed after ejaculation.. If part of the first term had elapsed, one completes it by the sixth term¹⁰⁰This sentence is not in the Mishnah mss., but since it also is quoted in the Babli 86a as appendix to this Mishnah and clarifies the statement of R. Aqiba, it should be considered part of the Mishnah..” Therefore Rebbi Ismael makes the day one term and the night one term; Rebbi Aqiba makes the day one term and the night one term. In what do they differ? They differ in complete terms. Rebbi Ismael treats part of a term like the whole, but Rebbi Aqiba does not treat part of a term like the whole. It was stated so about Rebbi Aqiba: “Therefore if part of the first term had elapsed, one completes it by the sixth term”¹⁰¹In order to complete the 60 hrs. required by R. Aqiba. The computation of R. Ismael is the same as that of R. Eleazar ben Azariah explained in the sequel.. It was stated: Rebbi Eleazar ben Azariah says, day and night each are a term, and part of a term is like the whole. It was stated so about Rebbi Eleazar ben Azariah: Sometimes after slightly more than a day she is pure; sometimes after slightly less than two days she is impure. How does it happen that after slightly more than a day she is pure? She had intercourse Friday afternoon before sundown and lost Saturday night after nightfall; there is slightly more than a day she is pure¹⁰²For R. Eleazar ben Azariah the day of intercourse is day 1; she is pure if she loses some semen on day 3. The day starts at sundown. Let ε be a small fraction. If she had intercourse ε hours before sundown and then lost semen the next evening ε hours after sundown it already is the third day and she is pure after 24+2 ε hours.. How does it happen that after slightly less than two days she is impure? She had intercourse Friday night after sundown and lost Sunday night before nightfall; there is slightly less than two days she is impure¹⁰³If she had intercourse ε hours after sundown then the next 24 - ε still are day 1; if she loses semen ε hours before the end of day 2 she still is impure even though 48 – 2ε hrs. have elapsed.. Rebbi Joḥanan said, from the words of all of them, Israel received the Torah as immersed on the same day¹⁰⁴Babli 86b. For profane matters, a person either is pure or impure. But for sancta, the purification occurs in two stages. Impurity is removed by immersion in a miqweh but purity is acquired only at sundown (Lev. 22:6–7). In the meantime, the ṭevul yom person does not contaminate anything by his touch but is not permitted any sanctified food (cf. Berakhot 1:1 Note 3).. That is, the women; but the men already were purified. What is the reason? Sanctify them today and tomorrow and let them wash their garments¹⁰⁵Ex. 19:10. A man may immerse himself immediately after intercourse and become completely pure after the next sundown.. Rebbi Joḥanan said, these are the words of Rebbi Eleazar ben Azariah, and Rebbi Ismael, and Rebbi Aqiba. But the word of the Sages is, up to three days; after that it decayed. This parallels what Rebbi Zeˋira said in the name of Rebbi Joḥanan: This are the instructions for the sufferer from gonorrhea and from whom semen is ejaculated¹⁰⁶Lev. 15:32.. Since the instructions of the sufferer from gonorrhea are based on three days¹⁰⁷A sufferer from gonorrhea is impure, but he becomes severely impure requiring purification in flowing water only if he had three emissions within a three-day period (Mishnah Zavim 1:1)., also the instructions for semen are up to three days¹⁰⁸Babli 86b. While the day of intercourse is counted as day 1, the woman does not become impure by losing semen only on day 4. The derivation of these laws from Sinai is rejected since before the theophany at Sinai the people were not obligated to follow the rules promulgated there.
Here starts a Genizah fragment edited by L. Ginzberg (p. 87–88), G..