Pemikiran Yahudi Keluaran 21:14: Akeidat Yitzchak & Guide for the Perplexed

We see from the above that the statement that our sages may wilfully change the dates refers only to instances when they do so in order to facilitate Torah observance. They do not have authority when their intention would be- G'd forbid- the frustration of mitzvah observance due to their calendar manipulations. The use of the word zadon, intentional, is clearly defined in the Torah (Mechilta Mishpatim 58), as referring to a father who kills his child while administering punitive corporal punishment. (Exodus 21,14) Since it had been the father's intention to do something within the law, the miscarriage of such intent is not construed as wilful murder. Similarly, Rabbi Joshua who thought that Rabbi Gamliel had erred in fixing the date for the first of Tishrey, was consoled by Rabbi Akiva when he realised that Rabbi Gamliel's decision served a grand purpose, regardless of its astronomical merit. (Rosh Hashanah 25) Our Rabbis go so far in empowering the Sanhedrin to change the date of the new moon, that even physical phenomena are affected. According to the Talmud, a virgin whose hymen has been penetrated, will grow it back if she had been under three years old when it happened. If she had been older, then she does not grow it back. The length of the three years, however, is made conditional on the determination of the calendar by the Sanhedrin, not on the solar cycle of three times 365 days. (Talmud Yerushalmi Sanhedrin 1,2) The interplay of the two methods of running the world, is described by Solomon in Kohelet 3,11, in these words: "He has made the universe to function beautifully, at its appointed time;" this refers to the laws of nature governing events. However, the verse continues: "He has also given an enigma in their hearts, so that man cannot comprehend what G'd had planned at the beginning to occur at the end." This refers to the authority vested in man, -at least chosen men-, to influence predetermined events by their actions and decisions. Between the natural laws and man's ability to influence events, much of the mystery of G'ds ways has been removed. This has been discussed in chapters three and twenty six.

The precepts contained in “the laws concerning slaves” (Hilkot ‘abadim), likewise prescribe only acts of pity, mercy and kindness to the poor. It is an act of mercy to give liberty to a Canaanite servant for the loss of one of his limbs (Exod. 21:26, 27), in order that he should not suffer from slavery and illness at the same time. The law applies even to the case that a tooth of a slave has been knocked out, much more to the mutilation of other limbs. He could only be corrected with a rod or reed or the like, as we have stated in Mishneh-torah. Besides, if the master strikes the slave too hard and kills him, he is punished with death as for ordinary murder. Mercy is also the object of the law, “Thou shalt not deliver unto his master the servant that is escaped from his master” (Deut. 23:15); but it teaches besides a very useful lesson, namely, that we must always practise this virtue, help and protect those who seek our help, and not deliver them unto those from whom they flee; and it is not sufficient to give assistance to those who are in need of our help; we must look after their interests, be kind to them, and not hurt their feeling by words. Thus the Law says: “He shall dwell with thee, even among you, in that place which he shall choose in one of thy gates, where it liketh him best: thou shalt not vex him” (ibid. ver. 16). This we owe to the lowest among men, to the slave; how much more must we do our duty to the freeborn, when they seek our assistance? But, on the other hand, when sinners and evildoers seek our help, it must not be granted; no mercy must be shown to them, and the course of justice must not be interfered with, even if they claim the protection of that which is noblest and highest; for “Thou shalt take him from mine altar that he may die” (Exod. 21:14). Here a person comes to seek the help of God, and claims the protection of that which is devoted to his name; God, however, does not help him, and commands that he be delivered up to the prosecutor, from whom he fled. Much less need any one of us help or pity his fellow-men [under such circumstances]; because mercy on sinners is cruelty to all creatures. These are undoubtedly the right ways designated “righteous statutes and judgments” (Deut. 4:8), and different from the ways of the fools, who consider a person praiseworthy when he helps and protects his fellow-men, without discriminating between the oppressor and the oppressed. This is well known from their words and songs.