Talmud sur Les Nombres 35:29

HALAKHAH: “Money matters are judged by three [judges],” etc. From where comes this? These shall be the laws of procedure to you,¹¹Num. 35:29. The chapter covers the rules of levitic cities, laws of property, and of the homicide, criminal law. I would say that both civil cases and criminal cases are subject to the rules of verification and examination¹²Mishnah 4:1. Examination refers to cross-examination relating to questions which answer to “who”, “when”, and “where”. Interrogation refers to answers to “how”. The distinction between the two is in regard to rules about discrepancies in testimony between different witnesses, Mishnah 5:1. The verse makes it clear that the rules also apply to lawsuits about subjects not covered by the detailed list in the Mishnah..

Rebbi Mana said, lighting fire was mentioned unnecessarily²⁸Since the prohibition of making fire is implied in the Fourth Commandment in any reasonable interpretation. Therefore, making fire is a detail which can be used to characterize all work forbidden on the Sabbath.; prostrating oneself was mentioned by necessity to explain about itself since it is not work²⁹Nothing is changed or produced by prostrating oneself; it is not obvious that it should be forbidden under any circumstances.. This follows what Ḥizqiah stated: “He who sacrifices to powers shall be banned³⁰Ex. 22:19. This explains the punishment for idolatrous acts forbidden in the Second Commandment. This is the interpretation in all of talmudic literature (Babli Sanhedrin 60b, Mekhilta dR. Ismael p. 310, dR. Simeon ben Ioḥai p. 210.) (Nowhere in rabbinic literature does one find the more obvious explanation of Ex. 22:19: “Anyone sacrificing to the Elohim (God as Creator, Ruler of the physical world) shall be banned, only to YHWH (God the Merciful and Dispenser of Grace) alone.” In all of Lev. and Num., there is never any mention of a sacrifice to Elohim.}.” Sacrificing was mentioned separately to teach about everything³¹Since punishment for sacrificing is spelled out separately, any punishment for an act of idolatry must be given separately by the 9th rule, supporting R. Zakkai against R. Joḥanan., prostrating oneself to explain about itself since it is not work. Rebbi Jeremiah said, lighting fire was mentioned by necessity, to teach that courts should not sit on the Sabbath³²In the Babli, Yebamot 6b, this is a Tannaïtic statement from the school of R. Ismael, appended to an argument also quoted in Mekhilta dR. Ismael, ויקהל.. What is the reason? It says here, “in all your settlements” and it says there, “these should be rules of law for your generations, in all your settlements³³Num. 35:29. The quote is correct in Šabbat..” Since “settlements” mentioned there refers to courts, “settlements” referred to here also refers to courts. Rebbi Samuel bar Eudaimon said, even if you say that it was mentioned by necessity, it is as if it were mentioned unnecessarily³⁴Since the argument is based on Num. 35:29, not on Ex. 22:19, the latter verse can be used in an application of the 9th rule., and anything mentioned unnecessarily teaches.

Rebbi Mana said, lighting fire was mentioned unnecessarily¹²⁹Since the prohibition of making fire is implied in the Fourth Commandment in any reasonable interpretation. Therefore, making fire is a detail which can be used to characterize all work forbidden on the Sabbath.; prostrating oneself was mentioned by necessity to explain about itself since it is not work¹³⁰Nothing is changed or produced by prostrating oneself; it is not obvious that it should be forbidden under any circumstances.. This follows what Ḥizqiah stated: He who sacrifices to powers shall be banned¹²⁴Ex. 22:19. For this argument the reference to Elohim is taken to apply to idols. The masoretic vocalization applying a definite article must refer to God in His function as Judge, God as Creator, Ruler of the physical world, to Whom propitiatory sacrifices are forbidden; sacrifices are legitimate only if offered to YHWH, God the Merciful and Dispenser of Grace. This is the interpretation adopted at the end of the paragraph. In all of Lev. and Num., there is never any mention of a sacrifice to Elohim.. Sacrificing was mentioned separately to teach about everything¹³¹Since punishment for sacrificing is spelled out separately, any punishment for an act of idolatry must be given separately by the 9^th rule, supporting R. Zakkai against R. Joḥanan., prostrating oneself to explain about itself since it is not work. Rebbi Jeremiah said, lighting fire was mentioned by necessity, to teach that courts should not sit on the Sabbath¹³²In the Babli, Yebamot 6b, this is a Tannaitic statement from the school of R. Ismael, appended to an argument also quoted in Mekhilta dR. Ismael, Wayyaqhel.. What is the reason? It says here, in all your settlements, and it says there, these . . should be rules of law for your generations, in all your settlements¹³³Num. 35:29.. Since “settlements” mentioned there refers to courts, “settlements” referred to here also refers to courts. Rebbi Samuel bar Eudaimon said, even if you say that it was mentioned separately necessarily is as if it was mentioned separately not by necessity,¹³⁴Since the argument is based on Num. 35:29, not on Ex. 22:19, the latter verse can be used in an application of the 9^th rule. and any item mentioned separately unnecessarily instructs¹³⁵It is axiomatic that the Torah contains no unnecessary statements. If an item is singled out and there is no apparent reason for this one has to conclude that anything to be inferred about this particular item applies to all similar cases..