Midrash sobre Números 15:34

5) (Vayikra 24:12) ("And they put him in confinement, to be explained to them at the mouth of the L–rd.") But they did not place the mekoshesh with him, though their situations were concurrent. And they knew that the mekoshesh was liable to the death penalty, viz. (Shemoth 21:14) "Those who desecrate it (the Sabbath) shall die, but they did not know which death penalty, viz. (Bamidbar 15:34) "for it was not clear what should be done to him," but here it is written "to be explained to them at the mouth of the L–rd" — whereby we are taught that they did not know whether he was liable to the death penalty or not.

(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>.

(Bamidbar 15:34) "And they placed him in ward": We are hereby apprised that all who are liable to krithuth ("cutting off") are put in ward (pending judgment). "for it was not made clear what should be done with him": But is it not written (Shemot 31:14) "He who profanes it shall be put to death"? What, then, is the intent of "For it was not made clear"? He did not know with what specific type of death until it was told to Him by the Holy One. (Ibid. 35) "And the L-rd said to Moses: Die, shall die the man": (i.e., this is the judgment) for all the generations (and not just in this particular instance.) "stone him with stones": in this particular instance. "the entire congregation": in the presence of the entire congregation. You say this, but perhaps it is to be understood literally (i.e., that the entire congregation is to stone him.) It is, therefore, written (Devarim 17:7) "The hand of the witnesses shall be against him first to put him to death." How, then, am I to understand "the entire congregation"? As in the presence of the entire congregation. (15:36) "And the entire congregation took him outside the camp": We are hereby taught that all those who are liable to the death penalty are put to death outside of beth-din. "And they stoned him with stones": One verse states "with stones," and another, (Vayikra 24:23) "with a stone." How are these two verses to be reconciled? The stoning site was two stories high. One of the witnesses pushes him on his thighs. If he turns over on his heart, he is turned over on his thighs. If he dies thereby, it is sufficient. If not, the second witness takes a stone and places it on his heart. If he dies thereby, it is sufficient. If not, all of Israel stone him with stones, in fulfillment of "the hand of the witnesses shall be against him first to put him to death, and the hand of all the people thereafter." There are thus reconciled "stone him with stones" and "and they stoned him with a stone." (Bamidbar, Ibid.) "as the L-rd commanded Moses": He said to them "Stone him," and they stoned him; "Hang him up," and they hung him up. But we have not (yet) heard that they were to hang him up (after he had been killed.) It is, therefore, written (Devarim 21:22) "If there be in a man a sin punishable by death, then he is to be put to death and you shall (thereafter) hang him on a tree." These are the words of R. Eliezer. R. Chidka said: Shimon Hashikmoni was a friend of mine, of the disciples of R. Akiva, and he said: Moses knew that the mekoshesh was to be put to death, but he did not know with which specific kind of death. It were fitting that the section of the mekoshesh be stated (entirely) through Moses but the mekoshesh, being liable had it stated through him. For "merit resolves itself through the meritorious, and liability through the liable."