Midrash for Exodus 12:43

There was a certain heathen who [under the guise of an Israelite] would come to Jerusalem every Passover and partake of the paschal lamb. Once he came before R. Juda b. Bathyra and said to him: "It is written in your Torah (Ex. 12, 43) No stranger shall eat thereof, and again (Ib. ib. 48) But no uncircumcised person shall eat thereof; nevertheless, I get to eat of the very best." "Have they given thee a piece of the fat of the tail?" remarked R. Juda b. Bathyra. "Nay," answered the heathen. So R. Juda said to him: "The next time you go, ask of them to give thee a piece of the fat of the tail." The following year then, when he came to Jerusalem, he said to them: "Give me a piece of the fat of the tail." "What!" exclaimed they, "is not the fat of the tail sacrificed on the altar? Did anyone advise thee to ask for this?" they questioned him. And the heathen answered: "R. Juda b. Bathyra has advised me thus." "What does this mean?" said they to themselves. Thereupon they made an investigation and, discovering that the man was a gentile, punished him. They then sent a message to R. Juda b. Bathyra, saying: "Peace unto thee, R. Juda b. Bathyra, who sitteth in Netzibin, yet whose net is cast in Jerusalem."

1) "And He called to Moses and the L–rd spoke to him, etc." "to him" — to exclude Aaron. R. Yehudah b. Betheira said: Thirteen dibroth (accompanied by a command) were stated in the Torah to Moses and Aaron, and, corresponding to them, thirteen limitations, to teach us that they were not spoken to Aaron, but to Moses, to tell them to Aaron. (The dibroth: 1) [Shemoth 6:13]; 2) [Shemoth 7:8]; 3) [Shemoth 9:8]; 4) [Shemoth 12:1]; 5) [Shemoth 12:43]; 6) [Vayikra 11:1]; 7) [Vayikra 13:1]; 8) [Vayikra 14:33]; 9 [Vayikra 15:1]; 10 [Bamidbar 2:1]; 11 [Bamidbar 4:1]; 12 [Bamidbar 4:18]; 13) [Bamidbar 19:2].)

(Fol. 86a) R. Ada b. Ahaba said: "Moses ascended [Mt. Sinai] early in the morning and descended early the [next] morning. He ascended early in the morning, as it is written (Ex. 34, 4.) And Moses rose up early in the morning, and went up unto Mt. Sinai; he descended early in the morning, as it is written (Ib. 19, 24.) Go, get thee down, and then shall thou come up, thou, and Aaron with thee. We compare the Yerida (descent) to the Aliya (ascent); just as the ascent was made early in the morning, so also was the descent made early in the morning." (Ib. b) Our Rabbis taught: "On the sixth day of the month [Sivan] the ten commandments were given to Israel. R. Jose said: 'On the seventh day of the month.'" "All agree," said Raba, "that on the first day of the month the Israelites arrived at the wilderness of Sinai, for it is written (Ex. 19, 1.) On this day they came into the wilderness of Sinai; and it is written there (Ib. 12, 2.) This month (Nisan) shall he unto you the chief of the months. [We draw an analogy from the word Haze (this) used in both places]; just as in the latter instance the word Haze (this) refers to the first of the month [as it plainly says], so does it also in the former instance refer to the first of the month; and furthermore all agree that the Torah was given to Israel on the Sabbath, for it is written here (Ex. 20, 8.) Remember the Sabbath day to keep it holy. and it is written there (Ib. 13, 3.) And Moses said unto the people remember this day, etc. [We derive by drawing an analogy from the words zachor (remember) used in both places]; just as in the latter case, zachor (remember) alludes to the very day of their coming out of Egypt, so also does it allude in the former case to the very day of Sabbath. The Rabbis and R. Jose differ though as to what day was the first of that month. R. Jose is of the opinion that the first of that month was set on the first day of the week, and that on this day no commandments were given because the Israelites were tired from their long journey. On the second day of the week the Lord said to them (Ib. 19, 6.) And ye shall be unto me a kingdom of priests. (Fol. 87a) On the third day [of the week] He warned them to keep away from the mount; on the fourth, to keep apart from the wives [three days, until the Sabbath]. But the Rabbis are of the opinion that the first of that month was set on the second day of the week; that on this day no commandments were given them because the Israelites were tired from their journey. On the third day [of the week] the Lord said unto them (Ib. ib. ib.) And ye shall be unto me a kingdom of priests. On the fourth, He warned them to keep away from the mount. On the fifth, to keep apart from their wives [two days, until the Sabbath]." The following objection was raised: And sanctify them to-day and to-morrow (Ib. ib.). This contradicts the opinion of R. Jose [who says that three days were set aside for sanctification]. R. Jose might explain it that Moses added one day upon his own recognizance, as it is taught: "Three things did Moses do upon his own authority, and the Holy One, praised be He! sanctioned them: Moses added one day [of separation] upon his own authority; he separated himself from his wife, and he broke the Tablets." He added one day upon his own authority; what verse did he interpret [to induce him to add one day]? Today and to-morrow, were in the Lord's commandment. To-day must be equal (in duration) to to-morrow; just as to-morrow includes day and night, so also must to-day include the day and night; the night, however, having already passed, so another day (a third) must be added in order to make up for the lost night. Whence do we learn that the Holy One, praised be He! agreed with him? Because the Shechina did not appear [on Mt. Sinai] until the Sabbath morning. And he separated himself from his wife, what verse did he interpret [to guide him in his action]? He applied the order given to Israel [to separate themselves from their wives] to himself, through the measure of the rule drawn from minor to major, thus saying: "If Israel with whom the Shechina did not converse but once at a certain time, is commanded by the Torah to separate themselves from their wives, I, with whom the Shechina converses constantly without having an appointed hour, should most certainly then separate myself from my wife." And whence do we learn that the Holy One, praised he He! agreed with him? It is written (Deu. 5, 27.) Go, say to them, return ye unto your tents, and immediately following, it is written: But as for thee, remain thou here with me. According to others, the sanction of God is derived from (Num. 12, 8.) Mouth to mouth do I speak with him. He broke the Tablets. What verse did he interpret [to guide him in his action]? He said to himself: "If concerning the Passover sacrifice, which is only one of the six hundred and thirteen commandments, it is said in the Torah (Ex. 12, 43.) No stranger shall eat thereof, how much more then should this be applied to the entire Torah considering that all Israel were apostates?"' Whence do we learn that the Holy One, praised be He! sanctioned this act? It is said (Ib. 34. 1.) Which thou didst break, whereupon Resh Lakish said: "It means 'Thanks for having broken it.'" Come and learn! And they shall he ready for the third day (Ib. 19, 11). Is this not in contradiction to R. Jose's interpretation? [According to him, it should have been on the second day.] We have already explained that Moses added one day upon his own recognizance. Come and learn! We are taught: "The third (day) of the third month and on the third day of the week." Does this not contradict the opinion of the Rabbis? The Rabbis might say this Baraitha is in accordance with the opinion of R. Jose.