פירוש על בראשית 44:10

גם עתה כדבריכם IT WERE RIGHT TO BE ACCORDING TO YOUR WORDS — Indeed, this is only right: in very truth it should be according to your words since you are all guilty in this matter. Because when there are ten men and stolen property is found in possession of one of them, all of them are involved in the theft. I, however, shall deal with you within the line of strict justice (i.e. more equitably) and only אשר ימצא אתו יהיה לי עבד HE WITH WHOM IT IS FOUND SHALL BE MY BONDMAN (Genesis Rabbah 92:8).

ALSO NOW IT WERE RIGHT TO BE ACCORDING TO YOUR WORDS. “Indeed, this is only right. Verily it should be according to your words since you are all guilty in this matter. When there are ten men and a stolen thing is found in the possession of one of them, all of them are arrested. I, however, will deal with you inside the bounds [of justice, that is, I will deal with you more leniently]. He with whom it shall be found, he alone shall be my servant.” Thus the language of Rashi.
But according to this interpretation, the words, gam atah (also now), do not fit in well.²²⁴For since Rashi writes that this is a din emeth (a true decision), how can the words gam atah (also now) fit into the context since these words suggest that now a new law is established. (Aboab.) See also my Hebrew commentary, p. 238. Perhaps Rashi is saying: “Also now, when according to your words, it is the law [that all be held guilty in the matter], he with whom it shall be found shall be my servant.”²²⁵Thus, Joseph’s verdict is not at all related to the established law concerning theft, but is primarily designed to bespeak his kindness in keeping only Benjamin as a servant while the rest go completely free. Hence the words gam atah (also now) apply since this is a principle newly set forth. But this can hardly be correct since Joseph said, Far be it from me to do so.²²⁶Verse 1 here. This shows that it is not the law that they all be held responsible for the theft. It is for this reason that he said: “Far be it from me, for I am the judge of the whole land, and far be it from me to do you wrong,” for all ten men are not guilty if a stolen article is found in the possession of one of them unless they all planned the theft and were united in going to steal it. Then, if one of them took it with the knowledge of all, they are all liable.
The correct interpretation would seem to be that at first he accused them all: Why have you repaid evil for good?²²⁷Verse 4 here. You have done evil in so doing.²²⁸Verse 5 here. And they freed themselves of the accusation by saying, “With whomsoever of thy servants it be found, let him die, since he is the thief, and we also, who are guiltless of the theft, will be my lord’s servants.²²⁹Verse 9 here. Thus their opinion was that the thief, in whose possession it might be found, was the only one with knowledge of the theft, for if they were all involved in the theft, why should that one alone be put to death while the rest remain alive. In that case, all of them should be put to death or all of them should become servants, for they all bear equal legal responsibility. Rather, they pleaded that the others had no knowledge of the theft. They agreed that they should become servants as a self-punishment only. This is why Joseph said to them, “Gam atah (also now) that you are assembled and are together,²³⁰The fact that you are now all found together suggests that you all had a hand in the stealing. it were right to be according to your words; nevertheless, he with whom it is found, he alone is the thief, and he alone is deserving of punishment, and he will be a servant to me for I desire his services more than his death. But you shall be guiltless, for perhaps you did not know about the theft, as you say.”
Perhaps the meaning of the words kein hu (it were right) is that “it shall be so,” meaning, “also now that the law is not so,²³¹For you said that only as an act of self-punishment you agree to be servants. That is not the law, for since there is a suspicion upon all of you, you should be arrested until the matter is clarified. Yet so shall it be according to your words, and ye shall be guiltless. according to your words so shall it be.” A similar case is the verse, And she said: According to your words, ‘kein hu,’ and she sent them away, and they departed,²³²Joshua 2:21. which means, “so shall it be.” This is the correct interpretation in my opinion. This conforms to the words of our Rabbis in Bereshith Rabbah,²³³92:8. who say, “If ten people are discovered with a stolen article, are they not all to be imprisoned? I will not do so, but he with whom it is found shall be my servant.” They thus intended to interpret the verse as I have explained it,²³⁴That the brothers were denying that under the law they were all responsible. It was only as a form of self-punishment that they agreed to be servants. Joseph, however, argued that since suspicion does fall upon them they should be imprisoned until their innocence is established. and not in accordance with the words of Rashi.²³⁵That the brothers agreed that under the law they all could be held responsible.
We might correct the interpretation in accordance with the opinion of the Rabbi [Rashi] by stating that Joseph said: “Far be it from me to do this and deal more harshly with you than my house-steward, who freed you at the outset by saying to you, but ye shall be guiltless,²³⁶Verse 10 here. for I will confirm the words of my servant, and the counsel of my messenger will I perform.”²³⁷See Isaiah 44:26.
Vayigash

כדבריכם כן הוא, you are truly all partners in all that you do. It is the custom of merchants to always attribute blame to one another. But I am not willing to go along; only the one in whose bag the goblet was found הוא יהיה לי עבד, he alone will be my slave.