Midrash su Deuteronomio 19:78

(Deut. 16:18:) “[You shall appoint] judges and law officers.” This text is related (to Ps. 147:19), “He declares His words to Jacob, His statutes and His ordinances to Israel.” “His words” are the words of Torah; “His statutes” are the expositions (midrsahot); “and His ordinances” are the judgments [to Israel]. The Holy One, blessed be He, gave the Torah and the judgments to no one but to Israel alone. And where is it shown? You learn that when Israel and a star-worshiping gentile have a dispute with each other, it is forbidden for Israel to say to the gentile, “Go with me to your courts,”¹Arka’ot; cf. Gk.: archai (“authorities”) or [archeia (“town offices”). because he would be transgressing a prohibition, since it is stated (in Ps. 147:20), “He has not done so for any nation (goy); and, as for His ordinances, they have not known them.” But were not the peoples of the world commanded concerning litigations, since that is one of the seven commandments of the Children of Noah? So what is the significance of (ibid.), “and, as for His ordinances, they have not known them?” These are the fine points of the law (din). As so have we taught (in Sanh. 5:2), “There was once a case that Ben Zakkay cross-examined [witnesses] about fig stems.”²The gemara (Sanh. 41a) explains that a capital offense was involved. Now the Children of Noah are put to death on the evidence of a single witness, with a single judge, and without a warning. [Whereas that is] something which does not exist in Israel, since there are three judges in property cases, and there are twenty-three judges in capital cases.³Sanh. 4:1. Moreover, it is written (in Deut. 19:15), “A single witness shall not be valid against a person….” So there must be an investigation and an inquiry. How do they examine the witnesses? They bring them in and solemnly forewarn them. Then they would examine them again with seven inquiries:⁴Sanh. 5:1. 1. In what week?⁵I.e., week of years, Sabbatical year of the Jubilee cycle. 2. In what year? 3. In what month? 4. On what [day] of the month? 5. In what hour? 6. In what place? 7. Did you forewarn him?⁶This last query is one of various supplemental questions listed in Sanh. 5:1. This is as we say in Tractate Sanhedrin. And so you find among the leaders⁷Parnas. Cf. Gk.: pronoi (“prudent ones”, “those who take forethought”). of Israel that they were praised only for their judging.⁸I.e., in various summary statements about Israel’s leaders, e.g., Judges 4:4; 10:2, 3; 12:7, 8, 9, 11, 13, 14; 15:20; 16:31; I Sam. 4:18; 7:6, 15–17; 8:1, 5–6, 20; I Kings 3:9, it is the fact that they judged Israel that is specifically mentioned. This fact may not always be obvious in modern translations, because they do not always render Shpt as “judge” but by other English verbs, such as “govern” or “rule.” It is written concerning Samuel (in I Sam. 7:6), “And he went on a circuit year by year to Bethel, [Gilgal, and Mizpah; and he judged Israel in all those places].” And David also was praised only for his judging, as stated (in I Chron. 18:14 // II Sam. 8:15), “And David reigned over all of Israel and he administered judgment and righteousness to all his people.” And in the case of Jehoshaphat also, when he was installed in the kingship, he did not occupy himself with the business of kingship nor with honor but with the business of judging.⁹Note that Jehoshaphat’s name means, “The LORD has judged.” It is so stated (in II Chron. 17:1), “Then [his son] Jehoshaphat reigned [in his stead,] and he strengthened himself over Israel.” What is the meaning of “and he strengthened himself (rt.: hzq)?” That he strengthened himself, when he appointed judges. It also says (in II Chron. 17:6), “His heart was exalted in the ways of the Lord, and in addition he removed the high places and asherim from Judah.” Was there a haughty spirit within him, in that it says, “his heart was exalted?” It is simply that he had appointed judges over them who knew how to walk in the ways of the Lord, as stated (in Gen. 18:19), “and to keep the way of the Lord, to do what is just and right.” (II Chron. 19:6:) “Then he said unto the judges,” (in Deut. 1:17), “As justice belongs to God.” Now if Moses our master, who was not commanded concerning judges,—rather Jethro told him (in Exod. 18:21), “And you shall seek out [able men] from among all the people…,” — [if he] convened a Sanhedrin;¹⁰Gk.: synedrion. how much more [important is a Sanhedrin] in our case, when it has been commanded here in the Torah (in Deut. 16:18), “You shall appoint judges and law officers for yourselves.” Where is it shown that Moses convened a Sanhedrin? Where it is stated (in Exod. 18:25), “So Moses chose able men from all Israel [and appointed them as heads over the people].” And Jerusalem also was praised only because of the justice system, as stated (in Ezek. 16:14), “And your name shall be spread among the gentiles because of your beauty, [as you were crowned with adornment (rt.: hdr)].” And what adornment (rt.: hdr) is that? This is the justice system, since it is stated (in Exod. 23:3), “Nor shall you favor (rt.: hdr) someone poor in his lawsuit.” And Jerusalem was destroyed only over perversion of justice, since it is stated (in Ezek. 22:5), “you with a besmirched name; you who are full of commotion,” the name for justice that you had at first is besmirched. It is also written (in Is. 1:21), “she (i.e., Jerusalem) was full of justice, there righteousness dwelt; but now murderers.” Because “she was full of justice, there righteousness dwelt.” For this reason, Jeremiah said to them (in Lam. 4:12-13), “The kings of the earth did not believe, [… that foe or enemy would come through the gates of Jerusalem]. It was for the sins of her prophets and the iniquities of her priests [who shed the blood of the righteous in her midst].” At that time the Holy One, blessed be He, swore that He Himself would exact retribution from the judges, as stated (in Is. 1:24), “Therefore thus says the Lord, the Lord of hosts, the Most Mighty of Israel, [‘Ah, I will exact vengeance from my foes]….’” Now “therefore” can only be a term [related to] an oath, since it is stated (in I Sam. 3:14), “And I therefore swear to the house of Eli.” Moreover, mighty can only be a term for the av bet din (head of the court), since it is stated (in I Sam. 21:8), “the most mighty of the shepherds [that belong to Saul].” [This is] to teach you that the Holy One, blessed be He, became an av bet din in order to exact vengeance from them. And where is it shown that the text is speaking about judges? See what is written after it (in Is. 1:26), “And I will restore your judges as in the beginning.” Therefore David has said (in Ps. 147:19), “He declares His words to Jacob, [His statutes and His ordinances to Israel].”

(Deut. 16:18:) <YOU SHALL APPOINT> JUDGES AND LAW OFFICERS <FOR YOURSELVES IN ALL YOUR GATES¹In biblical times court was generally held at the town gate, perhaps in one of the rooms like those built into either side of Solomonic gates at Hazor, Megiddo, and Gezer. WHICH THE LORD YOUR GOD IS GIVING YOU FOR YOUR TRIBES, SO THAT THEY MAY JUDGE THE PEOPLE WITH RIGHTEOUS JUDGMENT>. This text is related (to Ps. 147:19): HE DECLARES HIS WORDS TO JACOB, HIS STATUTES AND HIS ORDINANCES TO ISRAEL. HIS WORDS are the words of Torah,²Tanh., Deut. 5:1. HIS STATUTES are the expositions (midrsahot), AND HIS ORDINANCES are the judgments [TO ISRAEL]. The Holy One gave the Torah and the judgments to no one but TO ISRAEL alone. And where is it shown? You learn that when Israel and a star-worshiping gentile have a dispute with each other, it is forbidden for Israel to say to the gentile (goy): Go with me to your courts,³Arka’ot; cf. Gk.: archai (“authorities”) or [archeia (“town offices”). because he would be transgressing a prohibition, since it is stated (in Ps. 147:20): HE HAS NOT DONE SO FOR ANY NATION (goy); AND, AS FOR HIS ORDINANCES, THEY HAVE NOT KNOWN THEM. But were not the peoples of the world commanded concerning litigations, since that is one of the seven commandments of the children of Noah?⁴Cf. I Corinthians 6:1–6. So what is the significance of (Ibid.): AND, AS FOR HIS ORDINANCES, THEY HAVE NOT KNOWN THEM? These are the fine points of the law (din). So this is what we teach (in Sanh. 5:2): ONCE UPON A TIME BEN ZAKKAY CROSS-EXAMINED <WITNESSES> ON FIG STEMS.⁵The gemara (Sanh. 41a) explains that a capital offense was involved. Now the children of Noah are put to death on the evidence of a single witness, with a single judge, and without a warning. <That is> something which does not exist in Israel, since there are three judges in property cases, and there are twenty-three judges in capital cases.⁶Sanh. 4:1. Moreover, it is written (in Deut. 19:15): A SINGLE WITNESS SHALL NOT BE VALID AGAINST A PERSON…. <ONLY> ON THE EVIDENCE OF TWO <OR THREE> WITNESSES <SHALL A CASE BE VALID>. So there must be an investigation and an inquiry. How do they examine the witnesses? They bring them in and solemnly forewarn them. Then they would examine them again with seven inquiries:⁷Sanh. 5:1. 1. In what week,⁸I.e., week of years, Sabbatical year of the Jubilee cycle. 2. In what year? 3. in what month? 4. On what <day> of the month? 5. On what day (of the week)?⁹Cf. Sanh. 5:1 and Tanh., Deut. 5:1, both of which add here: In what hour? 6. In what place? 7. Have you forewarned him?¹⁰This last query is one of various supplemental questions listed in Sanh. 5:1 and Tanh., Deut. 5:1. And so you find among the leaders¹¹Parnas. Cf. Gk.: pronoi (“prudent ones”, “those who take forethought”). of Israel that they were praised only for their judging.¹²I.e., in various summary statements about Israel’s leaders, e.g., Judges 4:4; 10:2, 3; 12:7, 8, 9, 11, 13, 14; 15:20; 16:31; I Sam. 4:18; 7:6, 15–17; 8:1, 5–6, 20; I Kings 3:9, it is the fact that they judged Israel that is specifically mentioned. This fact may not always be obvious in modern translations, because they do not always render ShPT as “judge” but by other English verbs, such as “govern” or “rule.” It is written concerning Samuel (in I Sam. 7:6): AND HE WENT ON A CIRCUIT YEAR BY YEAR <TO BETHEL, <GILGAL, AND MIZPAH;> AND HE JUDGED ISRAEL <IN ALL THOSE PLACES>. And David also was praised only for his judging, as stated (in I Chron. 18:14 // II Sam. 8:15): AND {DAVID}¹³The only difference between the versions of Chronicles and Samuel is that the name DAVID, which Buber chooses to bracket, appears only in the Samuel version. ADMINISTERED JUDGMENT AND RIGHTEOUSNESS TO ALL HIS PEOPLE.

(Exodus 23:1) "Do not bear a false report": This is an exhortation against receiving slander. Variantly: It is an exhortation to a judge not to hear the words of one litigant before the other arrives, as it is written (Exodus 22:8) "Unto the judges shall come the matter of both." Variantly: an exhortation to one litigant not to state his case to the judge until his fellow litigant arrives, as it is written (Devarim 19:17) "And the two men shall stand." Abba Chanin says, in the name of R. Elazar: to include the oath (administered) by the judge as requiring "Amen" (being answered after it), lacking which it is rendered a vain oath.

"Do not place your hand with an evildoer, etc.": If one said to him: "That man owes me two hundred dinars, and I have one witness. Come and join him, and you will get one hundred, and I, one hundred" — of this it is written "Do not place your hand, etc." "Do not place your hand with an evildoer": This was the practice of the "clean-minded men of Jerusalem." They would not go to a feast until they knew who was going with them, and they would not sign a writ of divorce until they knew who was signing with them. R. Nathan says: "Do not place your hand, etc.": Do not make violence a witness — to exclude evildoers and robbers from being witnesses. As it is written (Devarim 19:16) "If a man of violence rise up against another to testify, etc. … (19) then you shall do to him as he schemed to do, etc."

R. Joshua b. Karcha said: "Whence do we infer that if a disciple were present when a case came before his master, and saw a point of defense for the poor and a point of accusation for the rich, that he must not keep silent? It is said (Ib) Ye shall not be afraid of any man." R. Chanina said: "One must not withhold his words out of respect for any one; and witnesses also must be aware against whom they testify, and before whom their testimony is given, and who will punish them [for bearing false witness], as it is said (Deut. 19, 17) Then shall both the men who have the controversy stand before the Lord. And the judge must also be aware whom they judge, and before whom their judgment is rendered, and who will punish them [for rendering wrong judgments], as it is said (Ps. 82, 1) God standeth in the congregation of God; in the midst of judges doth He judge. And so also it reads (II Chron. 19, 6) Look [well] at what ye are doing; because not for man are ye to judge, but for the Lord. And should the judge say: 'Why should I take the trouble and responsibility upon myself?'— therefore it is said (Ib.) Who is with you in pronouncing judgment. Hence the judge has to decide according to wbat he sees with his eyes."

(Fol. 19) "The king must not act as a judge, nor be summoned before court." R. Joseph said: This is concerning the kings of Israel; but the kings of the house of David may act as a judge, and can be summoned before court, as it is written (Jer. 21, 12) O house of David, thus said the Lord: Exercise justice on every morning. And if they were not be summoned before court, how could they judge? Behold! it is written (Zeph. 2, 1) Gather yourself together. And Resh Lakish said: "This means first correct thyself, then correct others." Why then is it prohibited to the Kings of Israel? Because of the incident which happened with the slave of King Janai, who murdered a person. Simon b. Shetach said to the sages: "Notwithstanding that he is the slave of the king, he must be tried." They sent word to the king: "Your slave has killed a man." And Janai sent his slave to them to be tried. Whereupon they sent to him: "You also must appear before the court, for the Torah says (Ex. 21, 29) Warning has been given to its owners — i.e., the owner of the ox must appear at the time the ox is tried." He then came and took a seat. "Arise King Janai," said Simon b. Chetach, "so that the witnesses shall testify while you stand; yet not for us do you rise, but for Him who commanded and the world came into being, as it is said (Deut. 19, 17) Stand before the Lord." And the king answered: "It must not be as you say, but as the majority of your colleagues shall decide." (Ib. b) Simon then turned to his right, but they cast their eyes down (were afraid to give their opinion). He turned to his left, and they also cast their eyes down. Simon b. Shetach exclaimed: "You are entertaining consideration [of fear] in your mind! May the One who knows [man's] thoughts take revenge upon you." Thereupon Gabriel came and smote them to the floor, and they died. At that time the sages decreed that a king should neither act as a judge nor appear before court; neither be a witness, nor can anyone testify against him.

We are taught in a Baraitha that R. Eliezer b. Jacob said: (Ib. b) The word refuge was written at every crossing so that the murderer might recognize the way to take." Said R. Cahana: "Where is the passage to prove this? (Deut. 19, 3) Thou shalt prepare thee the way, i.e., you shall establish all preparations needed on this way." R. Chamma b. Chanina, when he wanted to lecture on this case, used to begin with (Ps. 25, 8) Good and upright is the Lord: therefore does He instruct sinners in the [right] way. Now if He puts the sinners in the right way, how much more the upright. Resh Lakish used to begin his lecture on this case with (Ex. 21, 13) And if a man lie not in wait, but God caused it to come to hand; and (1 Sam. 24, 14) As sayeth the proverb of the ancients: Out of the wicked cometh forth wickedness. Of what case does the passage speak? Concerning two men each of whom killed a person; one of them unintentionally [the punishment of which is exile] and the other intentionally [the punishment of which is death], but there were no witnesses in either case. The Holy One, praised be He! causes them to meet at the same inn, and he who had killed intentionally [guilty of capital punishment] is placed under a ladder, while the other, who killed unintentionally [and guilty of being exiled] descends the steps, falls and kills the other [under the ladder]. Hence the outcome is: He who has killed intentionally was killed; and the unintentional murderer was exiled.

“I went full, and the Lord has brought me back empty. Why call me Naomi, when the Lord has afflicted [ana] me, and the Almighty has harmed me” (Ruth 1:21).
“I went full, and the Lord brought me back empty” – I went full with sons, and full with daughters. Alternatively: “I went full,” as I was pregnant. “Why call me Naomi, and the Lord has afflicted [ana] me” – the attribute of justice afflicted me;¹⁴²The word ana is in an unusual form. If read ina, it means afflicted. If read ana, it could mean to speak against or to testify against. The midrash suggests a variety of readings. that is what you say: “If you afflict him [aneh te’aneh] [then when he cries out to Me, I will hear his cry]” (Exodus 22:22). Alternatively: “The Lord has afflicted [ana] me” – He testified against me, as you say: “He testified [ana] falsely against his brother” (Deuteronomy 19:18). Alternatively: “The Lord afflicted [ana] me” – all of His concern [inyan] was with me, as in this world, the Lord afflicted [ana] me. But regarding the future, what is written? “I will rejoice over them to do them good” (Jeremiah 32:41).

Our rabbis teach that the verse Then both the men, between whom the controversy is, shall stand before the Lord (Deut. 19:17). The law indicates that the litigants must stand while they are being judged, for they should consider themselves as though standing before the Holy One, blessed be He, as it is said: Stand before the Lord.

R. Ulla said: The disagreement was with regard to the litigants themselves, but all agree that witnesses must testify while standing, for it is written: And the two men shall stand. Just as to sit (is contrary to the law), the testimony of witnesses is invalidated if they are seated. However, a scholar may testify while seated.

R. Joshua the son of Karha said: Whence do we know that if a disciple, sitting before his master, observes something that points out the innocence of the poor man and the guilt of the rich man, he must not keep silent? It is said: Ye shall not be afraid of the face of any man (ibid.). This means that one should not refrain from speaking out because of any man. Witnesses must know against whom they are testifying and before Whom they are testifying and Who in the future will call them to account. As is it is said: Then both the men, between whom the controversy is, shall stand before the Lord (ibid. 19:7). Judges must also realize, as they judge, before Whom they are judging and Who in the future will call them to account, as it is said: God standeth in the congregation of God; in the midst of the judges He judgeth (Ps. 82:1). Thus Jehoshaphat said to the judges: Consider what ye do; for ye judge not for man, but for the Lord (II Chron. 19:6). A man might say: What interest do I have in this argument? Therefore Scripture says: And He is with you in giving judgment (ibid.). Hence a judge must decide a case only in accordance with what he has witnessed (i.e., determined from the evidence) with his own eyes.

(Deut. 16:19:) “You shall not turn aside justice; you shall not show partiality.” [Here is] a warning for the prince not to place one suited to be low, high; and one suited to be high, low. Another interpretation (of Deut. 16:19), “You shall not turn aside justice,” because of wealth; “you shall not show partiality,” because of honor, so that a poor person does not stand while a wealthy one sits. Another interpretation (of Deut. 16:19), “You shall not turn aside justice.” It is a warning to the sage not to seat someone beside him who is unfit for jurisdiction. Moreover, if he should so seat someone [like this], it is as though he had planted an asherah. So near [this verse] is [the following] (in Deut. 16:21), “You shall not plant for yourselves [any tree as] an asherah [beside an altar of the Lord your God…].” (Deut. 16:19) “You shall not turn aside justice.” Let the judges always feel as if the Divine Presence is among them, as stated (in Ps. 82:1), “[God stands in the divine congregation;] he pronounces judgment in the midst of powers.” From here it follows for litigants that they conduct themselves in awe. There is a story about a certain person who had a lawsuit with a king, one of the kings of the Hasmonean dynasty.¹⁴Sanh. 19a; cf. Josephus, Ant. 14:168-184, for a similar story about Herod being charged with murder. He came and stood before Simeon ben Shetah. He said to him, “I have a lawsuit with the king.” Simeon ben Shetah said to those judges who were judging along with him, “If I send for the king, will you reprimand him?” They told him, “Yes.” He sent for him. He came and put his throne beside Simeon ben Shetah. Simeon ben Shetah said to him, “Stand on your feet and give satisfaction." He said to him, “Do we judge a king?” [Simeon ben Shetah] turned to the right, and the judges [on the right] pressed their faces on the ground (to hide them). He turned to the left, and [those on the left] pressed their faces on the ground. The angel came and beat them on the ground, until their souls left them. Immediately the king trembled. Simeon ben Shetah said to him, “Stand on your feet and give satisfaction, since you are not standing before me, but before the One who spoke and the world came into being, as stated (in Deut. 19:17), ‘The two parties to the dispute shall stand before the Lord.’” He immediately stood on his feet and gave satisfaction. Hence the litigants need to conduct themselves in awe and the judges need to conduct themselves in awe; as they are rendering judgment, as it were, for the Holy One, blessed be He. Therefore Jehoshaphat said to the judges (in II Chron. 19:6), “[Consider what you are doing], since you are not rendering judgment for humans but for the Lord.” R. Hama bar Hanina said, “Come and see! If there were no scriptural text written, it is not possible for him to say that flesh and blood judges its Creator. The Holy One, blessed be He, said to the judges, ‘Let them conduct themselves in awe, as if you were judging Me. How? One fulfills a commandment before Me. [So] I have decreed over him to give him a hundred fields. If you pass judgment against him on one thing that I have decreed over him, I will give him other [fields] from what I possess; and I will credit it against you as though you had gotten it from Me.’”

(Exodus 23:7) "and a clean one and a righteous one you shall not kill": If one testified against another that he worshipped the sun, and another, that he worshipped the moon, I might think that they combine (to constitute the necessary two witnesses) to incriminate him. It is, therefore, written "and a righteous one (i.e., 'technically' righteous) you shall not kill." If they saw him pursuing another to kill him, the knife in his hand, and they said to him: Be it known to you that he is a son of the covenant, and the Torah writes "and a clean one and a righteous one you shall not kill," and (Genesis 9:6) "The spiller of the blood of a man, by man shall his blood be spilled," and he said "I know, and even so!" And the witnesses averted their eyes (for a moment and afterwards they found him (the victim) in the death throes, the knife dripping blood in the hand of the murderer — I might think that he is liable (to execution); it is, therefore, written "and a clean one and a righteous one you shall not kill." Once Shimon b. Shetach had a (single) scheming witness (zomem) executed, whereupon Yehudah b. Tabbai said to him "May I (not) see the consolation if you did not spill innocent blood! For the Torah writes "Kill by witnesses, "Kill scheming witnesses" — Just as witnesses — two, so, scheming witnesses — two (must be killed)! Once Yehudah b. Tabbai entered a ruin, where he found a man in his death throes, the knife dripping blood in the hand of the murderer — to whom he said "May '—' come upon me if neither I nor you killed him; but what can I do (to you) when the Torah has written (Devarim 20:15) 'By word of two witnesses shall a thing be established!' But the Omniscient One will exact punishment of that man (i.e., 'you')." He had hardly finished speaking before a snake bit him and he died. Variantly: "and a clean one and a righteous one you shall not kill": If one left beth-din incriminated, and afterwards some defense were found for him, I might think that he remains incriminated; it is, therefore, written "and a clean one and a righteous one do not kill." Variantly: If one left beth-din vindicated and afterwards some incrimination were found against him, I might think that he is returned for incrimination; it is, therefore, written "and a clean one you shall not kill." (I might think that in such an instance) just as he left your beth-din vindicated, so, he will leave My beth-din (vindicated); it is, therefore, written (Ibid.) "for I will not vindicate the evildoer." Now does this not follow a fortiori, viz.: If re the (lesser) measure (of the Holy One), that of punishment, it is written "for I will not vindicate the evildoer," how much more so in (implementation of) the greater measure, that of good, (will He bestow it to its outermost limits!)

(Ibid. 5:13) "and it be hidden from the eyes of her husband": but not if her husband see and make himself "unseeing." If her husband knows, he is not permitted to scheme and make her drink." "and she had secreted herself and she be defiled": (Does this mean that) there were no witnesses to defiling, but there were witnesses for secreting, or that there were no witnesses to both defiling and secreting? If you say this (the latter), she is permitted to her husband. The former, then, is the case and not the latter. There are no witnesses to defiling, but there are witnesses to secreting. "and she had secreted herself": We have not been apprised of the (minimum) time of secreting; it is, therefore, written "and she had secreted herself and she be defiled": the (minimum) time for defilement — for intercourse; for he'arah (the initial stage) — for circling a palm tree. These are the words of R. Yishmael. R. Eliezer says: the (minimum) time for pouring a cup. R. Yehoshua says: for drinking it. Ben Azzai says: for frying an egg. R. Akiva says: for swallowing it. R. Yehudah b. Betheira says: for swallowing three eggs, one after the other. "and there be no witness in her": Is Scripture speaking of two witnesses or of one? It is, therefore, written (Devarim 19:15) "There shall not arise one witness against a man for every transgression and for every sin." Why (emphasize) one? To serve as a prototype (binyan av), viz.: Wherever "witness" (alone) is mentioned, two are understood, unless Scripture specifies "one." "and she were not seized": to exclude one who was forced. For it would follow (otherwise), viz.: If in the instance of "light" tumah (e.g., a widow (cohabiting) with a high-priest, where there is only a lav (transgression of a negative commandment), forced is equated with consenting, how much more so, in an instance of grave tumah, such as ours, where the penalty is death, forced should be equated with consenting; it is, therefore, written "and she were not seized." Or, I might think (that this halachah obtains both) with (the wife of) an Israelite or of a Cohein; it is, therefore, written "and she (the wife of an Israelite) were not seized" — to exclude (from being forbidden to her husband) the wife of a Cohein, (who is forbidden to him even if she were forced.) (Ibid. 14) "And there pass over him a spirit of rancor and he warn his wife": optional (i.e., "he may warm his wife.") These are the words of R. Yishmael. R. Akiva says: mandatory (i.e., "he must warn his wife.") R. Akiva says: Why is "venitma'ah" ("and she be tamei") written three times, (5:14, 5:27, 5:29)? tumah vis-à-vis her husband, and vis-à-vis her cohabitor, and vis-à-vis (her eating) terumah (if she is the daughter of a Cohein). R. Yishmael says: If a divorcée, the "lighter," (in that she may return to her divorcer), is unfit (for marriage) to the priesthood, how much more so sotah, the "graver," (who may not return to her husband; and no verse is needed for this.) (Ibid. 5:14) "and she were defiled … and she were not defiled": What is the intent of this? If she were (positively) defiled, why does she drink? And if she were (positively) not defiled, why does he make her drink? Scripture hereby (by this ambiguity) comes to teach us that she drinks only in a case of doubt (as to whether or not) she were defiled. And from here you rule (accordingly) in the instance of (the tumah of sheretz) [a creeping thing], viz.: If in an instance (that of sotah), where unwittingness is not equated with wittingness (to make her tamei) or forcing to consent, doubt is equated with certainty (to forbid her to her husband until she drinks and resolves the doubt), then in an instance where unwittingness (of contact) is equated with wittingness, and forcing with consent, how much more so should doubt be equated with certainty! And just as here (for tumah to obtain, the locus of the act is) a private domain, there, too, it must be a private domain. Just as here we are dealing with a subject (the woman) which has the intelligence to be questioned, there, too, (for tumah to obtain), we must be dealing with a subject (e.g., the carrier of the sheretz) which has the intelligence to be questioned — whence they ruled: In a case of doubt involving a subject which has the intelligence to be questioned — in the private domain, the ruling is tamei; in the public domain, the ruling is tahor (clean). (In a case of doubt involving a subject) which lacks the intelligence to be questioned, both in the public and in the private domain, the ruling is tahor.

(Numb. 35:9–11:) AND THE LORD SPOKE <UNTO MOSES, SAYING>: SPEAK UNTO THE CHILDREN OF ISRAEL, <AND SAY UNTO THEM:> WHEN YOU CROSS <THE JORDAN TO THE LAND OF CANAAN, YOU SHALL PROVIDE YOURSELVES WITH CITIES TO BE CITIES OF REFUGE, WHERE A KILLER MAY FLEE WHO HAS TAKEN A LIFE BY MISTAKE>. This text is related (to Ps. 25:8): THE LORD IS GOOD AND STRAIGHTFORWARD; THEREFORE HE INSTRUCTS SINNERS IN THE WAY. (Ibid., vs. 6:) BE MINDFUL OF YOUR MERCIES, O LORD, AND OF YOUR STEADFAST LOVE…. David said to the Holy One, Sovereign of the Universe, were it not for your mercies, which took precedence for the first Adam, he would not have survived.³¹Tanh., Numb. 10:11; Numb. R. 23:13. Although you said to him (in Gen. 2:17): FOR ON THE DAY THAT YOU EAT FROM IT, YOU SHALL SURELY DIE, you did not act in that way. Instead you excluded him from the Garden of Eden, as stated (in Gen. 3:24): SO HE DROVE OUT THE HUMAN. So why was he driven out? Because he had brought death to <all future> generations, he should have died immediately; but because you were merciful to him, you <simply> drove him out. It is the same with one who kills by mistake, when he goes into exile into the cities of refuge. It is therefore stated (in Ps. 25:6): BE MINDFUL OF YOUR MERCIES, O LORD, AND OF YOUR STEADFAST LOVE,…. When Moses arose, the Holy One said to him (in Numb. 35:11): YOU SHALL PROVIDE YOURSELVES WITH CITIES <TO BE CITIES OF REFUGE>,…. Moses said: Sovereign of the Universe, when someone takes a life by mistake in the South or in the North, how will he know where the cities of refuge are, to which he should flee? He said to him (in Deut. 19:3): YOU YOURSELF SHALL PREPARE (rt.: TKN) THE ROAD (derekh). You yourself shall make the roads <to these cities> straight (rt.: TKN), so that <anyone fleeing to them> will not go astray for the blood avenger to find him and kill him, WHEN (according to vs. 6) HE DID NOT INCUR THE DEATH PENALTY. He said to him: How? He said to him: Erect road markers³²stelai; Lat.: stelae. directing (rt.: TKN) <such a refugee> to the cities of refuge, so that he will know how to go there; and on every marker inscribe: <Involuntary> killers to the cities of refuge, as stated (in Deut. 19:3): YOU YOURSELF SHALL PREPARE (rt.: TKN) THE ROAD (derekh)…. Thus David has said (in Ps. 25:8): THE LORD IS GOOD AND STRAIGHTFORWARD; THEREFORE HE INSTRUCTS SINNERS IN THE WAY (derekh). <Now> if for killers he has made a way and a road (derekh; rt.: DRK for them to flee and escape death), how much the more so in the case of the righteous. (Ps. 25:9:) HE LEADS (rt.: DRK) THE LOWLY IN THE RIGHT PATH.

Izevel, the daughter of Etba"al king of the Tzidonim and the wife of Achav, at the first time that she was brought before Achav taught him the ways of idol worshippers and because of her he was brought to become an idolater.

(Fol. 85a) R. Chiya b. Abba said: "What is meant by the passage (Deut. 19, 14.) Thou shalt not remove thy neighbor's landmark, which the people of old have set, i.e, Thou shalt not go beyond what is limited by those of old." What have those of old limited? R. Samuel b. Nachmeini, in the name of R. Jochanan, said: "It is WTitten (Gen. 36, 20.) These are the sons of Seir the Chorite, who inhabited the land. Did the rest of mankind inhabit heaven? But [it means that] they were experts in agriculture. 'This measure [of ground],' they would say, ' is adequate for [the planting of] olive trees; this measure of ground for wines, and this measure for dates.'" What does V'chori mean? This means they used to smell the earth. And what means Ve'chiri? R. Papa said; "They tasted the earth [to know for what it would be adequate] as a serpent does." R. Acha b. Jacob said: "Chori means they became freed of their wealth [because they lost it]."

“I have seen the matters that God has given to the sons of men, in which to engage” (Ecclesiastes 3:10).
“I have seen the matters” – this is the pursuit of property, as Rabbi Yudan said in the name of Rabbi Aivu: A person does not leave the world having achieved even half of his desire; rather, if he has one hundred, he wishes to turn them into two hundred. If he has two hundred, he wishes to turn them into four [hundred]. “In which to engage” – Rabbi Yehoshua of Sikhnin [said] in the name of Rabbi Levi: If a person was privileged and used his property for mitzvot, [when] he prays he will be answered [na’aneh]. That is what is said: “My righteousness [tzidkati] will bear witness [ve’anta] for me” (Genesis 30:33).³²My charity [tzedaka] will lead to my prayers being answered. If not, it will bear witness against him and prosecute him, as it is written: “To testify [la’anot] maliciously against him” (Deuteronomy 19:16).
Rabbi Yoḥanan said: This is the pursuit of robbery, as Rabbi Shimon ben Lakish said in the name of Rabbi Yoḥanan: This is analogous to a se’a measure filled with iniquities; which is the first of them to prosecute? It is robbery, as Rabbi Yudan said in the name of Rabbi Yoḥanan: “And shatter [uvtza’am]³³This evokes the word betza, which means ill-gotten gain. the head of them all” (Amos 9:1). Rabbi Pinḥas [said] in the name of Rabbi Yoḥanan: Although they were involved with idol worship, forbidden sexual relations, and bloodshed, the most severe of them all is nothing other than robbery. Rabbi Yaakov [said] in the name of Rabbi Yoḥanan: Ezekiel enumerated twenty-four sins, and he concluded with none other than robbery; that is what is written: “I have struck My hand because of the ill-gotten gain that you acquired…” (Ezekiel 22:13).
Rabbi Ḥunya interpreted the verse regarding the Prophets and Writings,³⁴Meaning, the ‘matters’ that are the subject of this verse, which God gave man to engage in, were the books of the Prophets and Writings. as had Israel merited, they would read only the five books of the Torah, just five books. The books of the Prophets and Writings were given to them only so they would exert themselves in their study and in the Torah, and perform mitzvot and acts of righteousness, in order to receive a proper reward. The Rabbis say: Even so, “in which to engage,” – they receive reward for them, as they do for the five books of the Torah.
Rabbi Abbahu said: This is the pursuit of Torah, for a person studies Torah and forgets it. The Rabbis there, in the name of Rabbi Yitzḥak from here,³⁵The Rabbis of Babylonia said in the name of Rabbi Yitzḥak from the land of Israel. and Rabbi Tovya in the name of Rabbi Yitzḥak: It is for his own good that a person studies Torah and forgets, as were a person to study Torah and not forget it, one would engage in Torah study two or three years and would return to engage in his labor and never pay attention to it [again] for the rest of his life. Rather, because a person studies Torah and forgets it, he does not move or remove himself from matters of Torah.
The Rabbis say: This is the pursuit of robbery. Know that it is so, as the earlier generations, because they were engaged and steeped in robbery, as it is stated: “They trespass, and flocks they steal and graze” (Job 24:2) – see that they were eliminated from the world through water. But the tribes of Reuben and Gad, who distanced themselves from robbery; therefore, the Holy One blessed be He gave them their inheritance in a place where there is no robbery, as it is stated: Behold, the place is a place of livestock…” (Numbers 32:1). Likewise, from Mahir, where there was sixteen mil by sixteen mil.³⁶An area large enough for animals to graze without approaching the fields of others.

Our Rabbis were taught: Three classes of men does the Holy One, praised be He! hate, and they are: He who speaks one way with his mouth, but thinks otherwise in his heart; he who knows testimony [in favor of his neighbor] but does not testify; and he who, having seen his neighbor act indecently, appears as the only witness against him. Like the incident that happened to a certain Tubia, who had sinned, and Zigud appeared as the only witness and testified against him before R. Papa. R. Papa [ordered that] stripes be given Zigud. "What," exclaimed he, "Tubia has sinned, and Zigud should be lashed?" "Yea," replied R. Papa, "since you appear as the only witness against him, it is merely with the intention of creating a bad reputation for him; for it is written (Deu. 19, 15) One witness shall not rise up against a man." R. Nachman b. Isaac said: 'It is, however, meritorious to hate such a man, as it is said (Pr. 8, 13) The fear of the Lord is to hate evil." Our Rabbis were taught: There are three persons whose lives are no lives: The sympathetic, the quick-tempered, and the delicate. "And all could be found in me," remarked R. Joseph. Our Rabbis were taught: Three, love their fellows, and they are: Proselytes, slaves and ravens. Three kinds of creatures hate one another: Dogs, cocks and sorcerers. Some say also harlots, and some add also, the Babylonian scholars.

(Numb. 35:9–11:) “And the Lord spoke [unto Moses, saying], ‘Speak unto the Children of Israel, and say unto them, “When you cross the Jordan to the Land of Canaan, you shall provide yourselves with cities [to be cities of refuge, where a killer may flee who has taken a life by mistake].”’” This text is related (to Ps. 25:8), “The Lord is good and straightforward; therefore He instructs sinners in the way.” (Ibid., vs. 6:) “Be mindful of Your mercies, O Lord, and of Your steadfast love.” David said to the Holy One, blessed be He, “Master of the world, were it not for Your mercies, which took precedence for the first Adam, he would not have survived.³¹Numb. R. 23:13. Although You said to him (in Gen. 2:17), ‘For on the day that you eat from it, you shall surely die,’ You did not act in that way. Instead You excluded him from the Garden of Eden, as stated (in Gen. 3:24), ‘So he drove out the man.’ So why was he driven out? Because he had brought death to [all future] generations. He should have died immediately; but because You were merciful to him, You [simply] drove him out. It is the same with one who kills by mistake, when he goes into exile into the cities of refuge.” It is therefore stated (in Ps. 25:6), “Be mindful of Your mercies, O Lord, and of Your steadfast love….” When Moses arose, the Holy One, blessed be He, said to [him] (in Numb. 35:11), “You shall provide yourselves with cities [to be cities of refuge].” Moses said, “Master of the world, when someone takes a life by mistake in the south or in the north, how will he know where the cities of refuge are, that he should flee to it?” He said to him (in Deut. 19:3), “’You yourself shall prepare (rt.: tkn) the road (derekh).’ You yourself shall make the roads [to these cities] straight (rt.: tkn), so that [anyone fleeing to them] will not go astray for the blood avenger to find him and kill him, when (according to Deut 19:6) ‘he did not incur the death penalty.’” He said to him, “How?” He said to him, “Erect road markers³²stelai; Lat.: stelae. directing (rt.: tkn) [such a refugee] to the cities of refuge, so that he will know how to go there; and on every marker inscribe, ‘[Involuntary] killers to the cities of refuge,’ as stated (in Deut. 19:3), ‘You yourself shall prepare (rt.: tkn) the road (derekh).’” Thus David has said (in Ps. 25:8), “The Lord is good and straightforward; therefore He instructs sinners in the way (derekh).” [Now] if for killers He has made a way and a road (derekh; rt.: drk), for them to flee and escape death), how much the more so in the case of the righteous. (Ps. 25:9:) “He leads (rt.: drk) the lowly in justice.”

“As there are many matters that increase vanity, what remains for the person?” (Ecclesiastes 6:11).
“As there are many matters that increase vanity,” such as breeders of monkeys, cats, porcupines, chimpanzees, and seals; what benefit do they get from them? [They will eventually give their owner] either a bite or a sting. What benefit? It is either an injury or a wound.²⁹If they escape and cause damage to others, those others will take action against the owner of the animals. Likewise, one who removes stones from his field and places them in the public domain, what benefit does he have? It [will be] either an obstacle or [cause] a scratch, and some say: A crippling injury. There was an incident involving a certain pious man³⁰This took place before he was pious. who was removing stones from his field and placing them in the public domain. There was a certain other pious man who pursued him and said to him: ‘Why are you removing stones from a place that is not yours, and placing them in a place that is yours?’³¹Private fields are sometimes sold, while the public domain belongs to everyone forever. He laughed at him. Several days later, that pious man was in need and sold his field. He was walking in the public domain and stumbled. He said: ‘It was not for naught that this pious man said to me that I am placing it in my own property.’ “What remains for the person?”³²What benefit does he get from engaging in vanity?

(Numb. 35:9–11:) “And the Lord spoke [unto Moses, saying], ‘Speak unto the Children of Israel, and say unto them, “When you cross the Jordan to the Land of Canaan, you shall provide yourselves with cities [to be cities of refuge, where a killer may flee who has taken a life by mistake].”’” This text is related (to Ps. 25:8), “The Lord is good and straightforward; therefore He instructs sinners in the way.” (Ibid., vs. 6:) “Be mindful of Your mercies, O Lord, and of Your steadfast love.” David said to the Holy One, blessed be He, “Master of the world, were it not for Your mercies, which took precedence for the first Adam, he would not have survived.³¹Numb. R. 23:13. Although You said to him (in Gen. 2:17), ‘For on the day that you eat from it, you shall surely die,’ You did not act in that way. Instead You excluded him from the Garden of Eden, as stated (in Gen. 3:24), ‘So he drove out the man.’ So why was he driven out? Because he had brought death to [all future] generations. He should have died immediately; but because You were merciful to him, You [simply] drove him out. It is the same with one who kills by mistake, when he goes into exile into the cities of refuge.” It is therefore stated (in Ps. 25:6), “Be mindful of Your mercies, O Lord, and of Your steadfast love….” When Moses arose, the Holy One, blessed be He, said to [him] (in Numb. 35:11), “You shall provide yourselves with cities [to be cities of refuge].” Moses said, “Master of the world, when someone takes a life by mistake in the south or in the north, how will he know where the cities of refuge are, that he should flee to it?” He said to him (in Deut. 19:3), “’You yourself shall prepare (rt.: tkn) the road (derekh).’ You yourself shall make the roads [to these cities] straight (rt.: tkn), so that [anyone fleeing to them] will not go astray for the blood avenger to find him and kill him, when (according to Deut 19:6) ‘he did not incur the death penalty.’” He said to him, “How?” He said to him, “Erect road markers³²stelai; Lat.: stelae. directing (rt.: tkn) [such a refugee] to the cities of refuge, so that he will know how to go there; and on every marker inscribe, ‘[Involuntary] killers to the cities of refuge,’ as stated (in Deut. 19:3), ‘You yourself shall prepare (rt.: tkn) the road (derekh).’” Thus David has said (in Ps. 25:8), “The Lord is good and straightforward; therefore He instructs sinners in the way (derekh).” [Now] if for killers He has made a way and a road (derekh; rt.: drk), for them to flee and escape death), how much the more so in the case of the righteous. (Ps. 25:9:) “He leads (rt.: drk) the lowly in justice.”

11) R. Akiva says: It is written (Devarim 19:15): "By word of two witnesses or by word of three witnesses, etc." If "two" constitutes valid testimony, why does Scripture specify "three"? To be as exacting in the punishment of the third as in that of the others. If Scripture thus punished the accessory to a transgression as (severely as) the transgressors themselves, how much more so will the accessories to a mitzvah be rewarded (as profusely) as the doers themselves!

12) Rabbi says: It is written (Devarim 19:5): "And one who comes with his neighbor in the forest to chop wood, and his hand swing the axe to cut the tree, and the iron slip from the haft and it find his neighbor and he die — he shall flee to one of these cities (or refuge), and he shall live." Scripture ordained the saving of the life of one who unwittingly slew another. Deduce therefrom: The collector of charity, the feeder of the poor, the doer of lovingkindness — how much more so will his life be granted him!

“I applied my heart to seek and to search in wisdom, regarding everything that is performed beneath the heavens; it is an unfortunate matter that God has given to the sons of men in which to engage” (Ecclesiastes 1:13).
“I applied my heart to seek and to search in wisdom.” What is, “to search [latur] in wisdom”? [It is to establish] a set time [tur] for [contemplating all aspects of] wisdom. It is to ascertain the essence [to’ar] of wisdom, as it is stated: “Send men and they will scout [veyaturu] the land” (Numbers 13:2). One who taught Bible well, he would sit before him, one who taught Mishna well, he would sit before him.
Another matter, “to seek and to search [latur]” – to do what’s required [latur],⁹⁹Tur is interpreted to mean shura, meaning line, in the sense of “toeing the line.” and to go beyond [lehotir]. When a poet composes alphabetical acrostics, at times he completes it and at times he leaves it unfinished, but Solomon, when he would compose alphabetical acrostics, he would add five letters. That is what is written: “His songs [shiro] were one thousand [elef] and five” (I Kings 5:12); the remainder [shiyuro] of the parable was five beyond alef.¹⁰⁰It was five beyond the alphabet. It was not only in matters of Torah that Solomon searched, but rather regarding everything that is performed under the heavens, for example, how one sweetens mustard and sweetens lupine and how one drinks hot drinks, [such as] wine, water, and peppers, in thirds.¹⁰¹If one prepares a drink that is one-third wine, one-third water, and one-third pepper and other spices, it will facilitate good health.
“It is an unfortunate matter that God has given to the sons of men in which to engage.” Rabbi Bon says: This is the pursuit of property. Rabbi Yudan said in the name of Rabbi Aivu: A person does not leave the world having achieved even half of his desire; rather, if he has one hundred he wishes to turn them into two hundred. If he has two hundred, he wishes to turn them into four hundred. “In which to engage,” Rabbi Pinḥas in the name of Rabbi Yoḥanan: Although it is in the same category as idol worship, forbidden sexual relations, and murder, the [sin] that is most severe is robbery. Rabbi Yehuda in the name of Rabbi Levi: If a person was privileged and used his property for a mitzva, he prays and will be answered [vena’ana], as it is stated: “My righteousness will bear witness [ve’anta] for me” (Genesis 30:33). If not, it will bear witness against him and prosecute him, as it says: “To testify [la’anot] maliciously against him” (Deuteronomy 19:16).
Rabbi Yoḥanan said: This is the pursuit of robbery, as Rabbi Shimon bar Abba said in the name of Rabbi Yoḥanan: This is analogous to a se’a measure filled with iniquities; which is the first of them to prosecute? It is robbery, as Rabbi Yudan said in the name of Rabbi Yoḥanan: It is written: “And shatter [uvtza’am] the head of all of them” (Amos 9:1).¹⁰²Uvtza’am evokes the word betza, which means ill-gotten gain. Rabbi Yaakov bar Aḥa in the name of Rabbi Yoḥanan: Ezekiel enumerated twenty-four sins, and he concluded with none other than robbery; that is what is written: “I have struck My hand because of the ill-gotten gain that you acquired…” (Ezekiel 22:13).
Rabbi Ḥunya interpreted the verse regarding the Prophets and Writings, as had Israel merited, they would read only the five books of the Torah, just five books. The books of the Prophets and Writings were given to them only so they would exert themselves in their study and in the Torah, and perform mitzvot and acts of righteousness, in order to receive a proper reward.¹⁰³Although these books, which are comprised primarily of rebuke to Israel for its sins, would not have been given had the people not sinned, once they were given, one who studies them receives reward. [As] the Rabbis say: Even so, “in which to engage,” they receive reward for them as they do for the five books of the Torah.
Rabbi Abbahu said: This is the pursuit of Torah, for a person studies Torah and forgets it. The Rabbis there, in the name of Rabbi Yitzḥak from here,¹⁰⁴The Rabbis of Babylonia said in the name of Rabbi Yitzḥak from the land of Israel. and Rabbi Tovya in the name of Rabbi Yitzḥak: It is for his own good that a person studies Torah and forgets, as were a person to study Torah and not forget it, one would engage in Torah study two or three years and would return to engage in his labor and never pay attention to it for the rest of his life. Rather, because a person studies Torah and forgets it, he does not move or remove himself from matters of Torah.
The Rabbis say: This is the pursuit of robbery. Know that it is so, since the earlier generations, because they were engaged and steeped in robbery, as it is stated: “They trespass, and flocks they steal and graze” (Job 24:2), were eliminated from the world through water. But the tribes of Reuben and Gad distanced themselves from robbery; therefore, the Holy One blessed be He gave them their inheritance in a place where there is no robbery, as it is stated: “Behold, the place is a place of livestock…” (Numbers 32:1). Likewise, from Mahir, where there was sixteen mil by sixteen mil.¹⁰⁵An area large enough for animals to graze without approaching the fields of others.

(Ibid.) "You shall not steal": (Exodus 21:14) "One who steals a man and sells him, etc." tells us of the punishment. Whence the exhortation? "You shall not steal." This is an exhortation against stealing a soul (i.e., kidnapping). You say this, but perhaps it is an exhortation against stealing money. (Leviticus 19:11) "You shall not steal" is an exhortation against stealing money. What, then, must be the meaning of "You shall not steal" (here)? You shall not steal a soul. __ But perhaps this, (and not the other) is an exhortation against stealing money, and not an exhortation against stealing a soul? Would you say that? Go out and learn from the thirteen principles (by which the Torah is expounded, one of which is learning a thing from its context), viz.: Three mitzvoth are stated in this context, two ("You shall not kill" and "You shall not commit adultery") and one ("You shall not steal") ambiguous. Just as the explicit are mitzvoth punishable by judicial death penalty, so, the ambiguous must be a mitzvah punishable by judicial death penalty. You cannot understand it, then, as per the second option (i.e., You shall not steal money), but as per the first (i.e., You shall not kidnap.) This, (our verse, then, must be an exhortation against stealing a soul, and the other, an exhortation against stealing money. (Ibid.) "You shall not testify against your neighbor false testimony." (Devarim 19:19) "And you shall do to him as he (a scheming witness) schemed to do against his brother, etc." tells us of the punishment. Whence the exhortation? "You shall not testify against your neighbor, etc."

When you go out to war, etc. (Deuteronomy 20:1): What is written above the matter? "And the judges shall make a thorough investigation" (Deuteronomy 19:18). From when the judges execute judgement, you [can] go out to war and you will be victorious. And so did David state (Psalms 119:121), "I have done justice and righteousness; do not abandon me to those who would wrong me." And it is [also] written (Psalms 119:122), "Guarantee Your servant’s well-being; do not let the arrogant wrong me." So too is the Holy One, blessed be He, only brought up in the world through judgement, as it is stated (Isaiah 5:16), "And the Lord of hosts is exalted by justice." Rabban Shimon ben Gamliel says (Avot 1:18), "On three things the world stands: On justice, on truth and on peace, as it is said (Zachariah 8:16), 'Judge truth and the justice of peace in your gates.'" Rabbi Yehoshua ben Levi said, "And all of [these things] are dependent upon judgement, as through judgement is peace and truth established." Therefore when Israel is executing judgement, the Holy One, blessed be He, brings down their enemies in front of them, as it is stated (Psalms 81:14-15), "If only My people listens to Me, etc. Quickly I would subdue their enemies, etc." And what are the ways of the Holy One, blessed be He? Righteousness and justice, as it is stated (Genesis 18:19), "and they shall keep the way of the Lord by doing righteousness and justice." Therefore, it is written in the section of judges (Deuteronomy 16:18), "and they shall judge the people with righteous justice"; and afterwards, "When you go to war against your enemies." What is [the meaning of] "against your enemies?" The Holy One, blessed be He, said, "Go forth against them like enemies: In the way that they do not have mercy upon you, so [too], do not have mercy upon them. See what they say: 'Let us wipe them out as a nation; Israel’s name will be mentioned no more.' [It is] that same name that I say (Psalms 106:48), 'Blessed is the Lord (the Name), the Lord of Israel.' Therefore go forth against them like enemies." Israel said, "Master of the world, until when will they stand against us," as it is stated (Psalms 86:14), "O God, arrogant men have risen against me; a band of ruthless men seek my life." He said [back] to them, "Not only against you have they risen, but also against Me, as it is stated (Psalms 2:2), 'Kings of the earth take their stand, and regents intrigue together against the Lord and against His anointed.' Rather see how they are enemies." Therefore, it is written, "When you go out to war against your enemies."

“I have spoken with my heart, saying: Behold, I have amassed and added wisdom, beyond all who were before me over Jerusalem; my heart has seen much wisdom and knowledge” (Ecclesiastes 1:16).
“I have spoken with my heart” – the hearts sees, as it is stated: “My heart has seen much.” The heart hears, as it is stated; “Give your servant an understanding [shome’a]¹²⁰Literally, hearing. heart” (I Kings 3:9). The heart speaks, as it is stated: “I have spoken with my heart.” The heart goes, as it is stated: “Didn’t my heart go?” (II Kings 5:26). The heart falls, as it is stated: “Let no man’s heart fall” (I Samuel 17:32). The heart stands, as it is stated: “Will your heart endure [haya’amod]”¹²¹Literally, stand. (Ezekiel 22:14). The heart rejoices, as it is stated: “Therefore, my heart rejoices” (Psalms 16:9). The heart cries out, as it is stated: Their heart cried out to the Lord” (Lamentations 2:18). The heart is consoled, as it is stated: “Speak to the heart of Jerusalem” (Isaiah 40:2).¹²²This verse is preceded by: “Console, console My people, says your God.” The heart grieves, as it is stated: “Your heart shall not be grieved” (Deuteronomy 15:10). The heart hardens, as it is stated: “The Lord hardened Pharaoh’s heart” (Exodus 9:12). The heart softens [mitrakekh], as it is stated: “Let your heart not be faint” (Deuteronomy 20:3). The heart is saddened, as it is stated: “He was saddened in His heart” (Genesis 6:6). The heart fears, as it is stated: “From the fear of your heart” (Deuteronomy 28:67). The heart breaks, as it is stated: “A broken and contrite heart” (Psalms 51:19). The heart becomes conceited, as it is stated: “Your heart will grow haughty” (Deuteronomy 8:14). The heart is recalcitrant, as it is stated: “But this people had a revolting and rebellious heart” (Jeremiah 5:23). The heart fabricates, as it is stated: “The month that he fabricated from his heart” (I Kings 12:33). The heart contemplates,¹²³Matters of stupidity as it is stated: “[I will have peace] though I walk in the stubbornness of my heart” (Deuteronomy 29:18). The heart overflows, as it is stated: “My heart overflows with goodly matter” (Psalms 45:2). The heart calculates [meḥashev], as it is stated: “Many are the thoughts [maḥshavot] in the heart of man” (Proverbs 19:21). The heart desires, as it is stated: “The desire of his heart You have granted him” (Psalms 21:3). The heart deviates, as it is stated: “Let your heart not turn aside to her ways” (Proverbs 7:25). The heart strays, as it is stated: “You shall not follow after your heart…[after which you stray]” (Numbers 15:39). The heart is sustained, as it is stated: “And sustain your heart” (Genesis 18:5). The heart is stolen, as it is stated: “Jacob stole the heart of Laban” (Genesis 31:20). The heart is humbled, as it is stated: “Perhaps then their hearts will be humbled” (Leviticus 26:41). The heart is enticed, as it is stated: “He spoke soothingly¹²⁴Literally, “to the heart.” Shekhem was speaking to Dina and attempting to entice her to marry him. to the young woman” (Genesis 34:3). The heart goes astray, as it is stated: “My heart has gone astray” (Isaiah 21:4). The heart trembles, as it is stated: “For his heart was trembling” (I Samuel 4:13). The heart awakens, as it is stated: “I am asleep but my heart is awake” (Song of Songs 5:2). The heart loves, as it is stated: “You shall love the Lord your God with all your heart” (Deuteronomy 6:5). The heart hates, as it is stated: “Do not hate your brother in your heart” (Leviticus 19:17). The heart envies, as it is stated: “Let your heart not envy…” (Proverbs 23:17). The heart is searched, as it is stated: “I the Lord search the heart…” (Jeremiah 17:10). The heart is rent, as it is stated: “Rend your heart and not your garments” (Joel 2:13). The heart meditates, as it is stated: “The meditation of my heart will be understanding” (Psalms 49:4). The heart is like fire, as it is stated: “My heart will be like fire” (Jeremiah 20:9). The heart is like stone, as it is stated: “I will remove the heart of stone” (Ezekiel 36:26). The heart repents, as it is stated: “Who returned to the Lord with all his heart” (II Kings 23:25). The heart is incensed, as it is stated: “For his heart is incensed” (Deuteronomy 19:6). The heart dies, as it is stated: “His heart died within him” (I Samuel 25:37). The heart melts, as it is stated “The heart of the people melted” (Joshua 7:5). The heart absorbs matters, as it is stated: “These matters that I command you today shall be upon your heart” (Deuteronomy 6:6). The heart absorbs fear, as it is stated: “I will place My fear in their hearts” (Jeremiah 32:40). The heart thanks, as it is stated: “I will thank my Lord with all my heart” (Psalms 111:1). The heart covets, as it is stated: “Do not covet her beauty in your heart” (Proverbs 6:25). The heart is toughened, as it is stated: “And one who toughens his heart” (Proverbs 28:14). The heart becomes merry, as it is stated: “It was when their hearts were merry” (Judges 16:25). The heart deceives, as it is stated: “Deceit is in the heart of those who devise evil” (Proverbs 12:20). The heart speaks from within, as it is stated: “Hannah was speaking in her heart” (I Samuel 1:13). The heart loves a bribe, as it is stated: “Your eyes and your heart [are only on your ill-gotten gain]” (Jeremiah 22:17). The heart writes matters, as it is stated: “Write them on the tablet of your heart” (Proverbs 3:3). The heart devises, as it is stated: “Duplicity is in his heart, he devises evil” (Proverbs 6:14). The heart absorbs mitzvot, as it is stated: “The wise of heart will grasp mitzvot (Proverbs 10:8). The heart acts with malice, as it is stated: “The malice of your heart deceived you” (Obadiah 1:3). The heart arranges, as it is stated: “To a person are the arrangements of the heart” (Proverbs 16:1). The heart glorifies, as it is stated: “Your heart has glorified you” (II Chronicles 25:19). That is, “I have spoken with my heart, saying: Behold, I have amassed…”

"with stone or fist": I might think that he is liable (only if he strikes) with these, but otherwise he is not liable; it is, therefore, written (Numbers 35:17) "And if with a hand-stone (i.e., a stone the size of a full hand) (whereby he can die he strike him"). He is not liable until he strikes him with something that has the potential to kill and in a locus which is critical to life.

“A feast is made for laughter, wine cheers the living, and money answers everything” (Ecclesiastes 10:18).
“A feast is made for laughter” – for revelry of idol worship one makes a feast. “Wine cheers the living” – this is the Torah, as it is stated: “The precepts of the Lord are upright, cheering the heart” (Psalms 19:9).⁸⁵In contrast to idolatry, for which one must make a feast in order to stimulate joy, Torah itself brings happiness without external stimuli (Rabbi David Luria).
“Money answers everything” – Rabbi Yehoshua of Sikhnin [said] in the name of Rabbi Levi: At times one is answered and at times one is not answered. At times, when one performs with it [money] acts of righteousness, he is answered, as it is stated: “My righteousness will speak on my behalf” (Genesis 30:33). At times, when one does not perform with it acts of righteousness, it denounces him; this is what you say: “To give false testimony against him” (Deuteronomy 19:16).
Rabbi Shimon ben Lakish, a certain neighbor called him. He saw people standing, dancing, and clapping, and [the hosts] gave them food and drink. He said: This is good. I, too, will stand, dance, and sing. He stood, danced, and sang, and they gave him a wineskin of aged wine. He read in his regard: “A feast is made for laughter.”

(Exodus 21:20) "with a rod": I might think, whether or not it is of killing potential; it is, therefore, written (Numbers 35:38) "Or if with a wooden implement, whereby he can die he strike him," whereby we are apprised that he is not liable until he strikes him with something that has the potential to kill. And whence is it derived that it must be in a locus which is critical to life? From (Devarim 19:11) "and he lie in wait for him and he rise up against him and he smite him mortally," whereby we are apprised that it (the weapon) must be of killing potential in a locus which is critical to life. __ Now if (in the killing of) an Israelite, the graver (instance), not being subject to (the provision of [Exodus 21:21]) "But if one or two days," he is not liable unless it be with an implement of killing potential and in a locus which is critical to life, then (in the killing of) a Canaanite, the instance of lesser gravity, being subject to the above provision, how much more so should he not be liable unless it be with an implement of killing potential and in a locus which is critical to life! (Why, then, need it be written?) For if you say this, you have ruled for punishment through a fortiori reasoning, wherefore it is written "with a rod, etc.", to teach that punishment is not to be ruled for through such reasoning. Rebbi says: What is the intent of "with a rod"? It is "extra" towards the formulation of an identity (gezeirah shavah ), viz.: it is written here "rod," and, elsewhere, (vis-à-vis tithing, Leviticus 27:32) "rod." Just as here, excluding (a servant) acquired by two partners, so, there, excluding (from the tithe a beast) acquired by two partners.

(Exodus 21:22) "And if men fight, etc." What is the intent of this section? From (Ibid. 14) "And if a man be bent against his neighbor to kill him," we hear only that one who intends to smite his foe and does so is to be put to death; but we do not hear the same for one who intends to smite his foe and smites his friend. It is, therefore, written (to this effect) "And if men fight … and if there be death (in his friend) then you shall give a life for a life." Rebbi says: If one intends to smite this foe and smites a different foe it follows that he should be liable; but if one intends to smite his foe and smites his friend, should he not be exempt? The verse, rather, comes to teach that payment for a wife's injury belongs to the husband, and payment for (the death of) fetuses belongs to the husband. R. Yitzchak says: Even a man who intends to smite one and smites another is not liable — until he makes it clear that it is this man that he wishes to smite, as it is written (Devarim 19:11) "and he rise up against him and he smite him, etc." What, then, is the intent of "and if men fight, etc."? From (Leviticus 24:17) "And if a man smite any soul of man" I would understand even an eight-month birth, (who is destined to die); it is, therefore, written ("and if men fight," to indicate that) he is not liable unless he kills one who is (otherwise) destined to live.

6 (Numb. 34:2) “This is the land that shall fall to you as your portion”: And does the land fall? But is it not written (in Eccl. 1:4), “but the land stands forever?” It is simply that when the spies came and put out slander on the land, Moses got angry. [Then] all of Israel said, “Moses, our teacher, if these spies were two [or] three, it would be correct for us to trust [them], as stated (Deut. 17:6), ‘By the testimony of two or three witnesses.’ And behold, they are ten, (as in Deut. 1:28), ‘To where shall we go up; our kinsmen have taken the heart out of us, saying, “We saw there a people stronger and taller than we.”’” As it were, [they were complaining that] the Master of the house is not able to remove his vessels (the inhabitants) from there. What did the Holy One, blessed be He, do? He took the ministering angel of the land and bound him and put him down in front of them, as stated (Deut. 1:21), “See the Lord, your God, has placed in front of you....” And was [the land] in front of them? It is simply that He put down its ministering angel. And He said to them (in Deut. 1:21, cont.), “Go up and possess..., do not fear and do not tremble,” not from the Nephilim and not from the numerous people. (Ezek. 45:1) “When you allot the land as an inheritance....”: This text is related (to Ps. 16:6), “Portions of land fell to me in pleasantness, even a beautiful inheritance for me.” “Portions of land fell to me”: These are the twelve tribes, since the land was divided to the twelve tribes, as stated (in Ezek. 47:13), “Thus said the Lord God, ‘These shall be the boundaries of the land that you shall allot to the twelve tribes of Israel.’” “In pleasantness,” in the merit of the Torah, about which it is stated (in Prov. 22:18), “As it is pleasant that you should store them in your belly [...].” There is a man who is handsome but his clothing is ugly, and one who is ugly but his clothing handsome. But [regarding] Israel, they adorn the land and the Land adorns them. Hence it is stated (in Ps. 16:6), “Even a beautiful inheritance for me.” And so too is it stated (in Job 29:14), “I clothed myself in righteousness and it clothed me.” It is written (in Josh. 7:19), “Then Joshua said unto Achan, ‘My son, please give glory to the Lord God of Israel [and make a confession to Him; please tell me what you have done, do not hide it from me.]’” Achan said to him, “Am I to die because of this thing that you are saying?” When Achan saw [the situation], he said in his heart, “Now I shall be entrapped by the lot. Then I shall be found untrue (rt.: 'mn) and deemed a liar before Joshua.” At that moment Achan said to Joshua, “Why are you casting lots between me and my house? Let me cast lots between you and Phinehas! If the lot does not come up for both of you, I also shall believe (rt.: 'mn) [in it].” At that moment (according to Josh. 7:19) Joshua said to Achan, “My son, please give glory to the Lord God of Israel and make a confession to Him. Please tell me what you have done.” Achan said to him, “You also tell me what you have done.” Immediately discord broke out in Israel, so that [Achan's] tribe of Judah arose in strife and killed one group in Israel after another. When Achan saw this, he said in his heart, “If anyone saves a single life in Israel, it is as though he had saved the entire world; yet in my case, it has been through me that several people in Israel have been killed. I am a sinner and one who causes [others] to sin. It is better [for me] to confess my transgression before the Holy One, blessed be He, and before Joshua, so that no calamity come about through me.” What did Achan do? He arose and made his voice heard, so that the whole congregation turned to him. He said to Joshua (in vs. 20), “’(Truly) I am the one who sinned before the Lord God of Israel; thus and so (literally, like this and like this) is what I have done.’ So it was not this alone, but I have already misappropriated other [things].”⁶See Gen. R. 85:14, according to which Achan had acted dishonestly in the person of his great grandfather, Zerah, the son of Judah by Tamar. Joshua said to him, “Indeed I also knew that you were responsible for the situation; (Josh. 7:19,) ‘please tell me what you have done. Do not hide it from me.’” (Vs. 21) “I saw among the spoils”: [He said,] “I have seen what is written in the Torah (in Deut. 20:14), ‘you may eat the spoils of your enemies.’” (Josh. 7:21, cont.) “A fine shinar mantle”: [He continued,] “Now do not say that I am poor and in need, for there is no one in the tribe [of Judah] wealthier than I. Immediately (there follows vs. 22), “Then Joshua sent messengers, and they ran to the tent and behold buried in his tent was the silver […].” For what reason did Joshua send them? So that the tribe of Judah would not steal them (i.e., the stolen articles) and continue in the discord. Joshua therefore sent quickly, and (according to vs. 23) “they brought them unto Joshua and unto all the Children of Israel; and they spread them out before the Lord.” What is the significance of “and they spread them out?” Joshua said in front of the Holy One, blessed be He, “Master of the world, is it because of these that You have been angry with Your children? Here they are set before you.” Immediately [we read] (in vs. 24), “Then Joshua took Achan ben Zerah, the silver, the mantle, and the wedge of gold, together with his sons and his daughters,” [the latter] in order to teach them a lesson; “his ox, his ass, […] and his tent,” for burning. (Vs. 24, cont.) “And all Israel [Joshua took] with him,” to see his punishment so that they would not become accustomed to acting in this way. (Vs. 24, cont.) “And they brought them up to the Valley of Achor (akhor; rt.: 'kr).” (Vs. 25) “Then Joshua said, ‘Just as you have afflicted (rt.: 'kr) us, [may the Lord afflict (rt.: 'kr) you] this day:’”⁷Without the bracketed words, the verse would read: HOW YOU HAVE AFFLICTED US THIS DAY! This day [only] is he to be afflicted ('akhur; rt.: 'kr), but he will have a share in the world to come. (Vs. 25, cont.) “Then all Israel pelted him with stones,” him alone; “and they burned them with fire”: The text is speaking of his wealth, for so it had been told [Joshua] by the Almighty (in vs. 15), “And it shall come to pass that the one who has been seized with what has been proscribed shall be burned with fire....” If so, what do we learn from the verse (vs. 15, cont.), “him, and all that he has?” [This passage] is only to teach you that Achan had confessed that he had stolen them on the Sabbath, when he took them out of Jericho and buried them in the midst of his tent. Thus he was stoned for profaning the Sabbath and burned because he had transgressed the ban. And where is it shown? You find that the Holy One, blessed be He, said so to Joshua (in Josh. 6:2–4), “See, I have given Jericho into your hands, along with its king and the mighty warriors. So you shall go around the city with all the men of war to encompass the city one time, thus shall you do for six days. [… but on the seventh day you shall go around the city seven times].” [This passage serves] to teach you that Jericho was conquered on the Sabbath. Now Joshua did this thing on his own, and the Holy One, blessed be He, gave his consent. Joshua said (to himself), “The Sabbath is holy, as stated (in Exod. 31:14), ‘You shall keep the Sabbath, because it is holy for you.’ And whatever we conquer shall be holy.” It is so stated (in Josh. 6:19), “But all the silver and gold, and the vessels of bronze and iron, are holy to the Lord.” And where is it shown that he received consent? Where it is stated (in Josh. 6:17), “The city and everything in it are to be proscribed for the Lord.” At that time (according to Josh. 7:26) “the Lord turned from His burning anger.” Concerning [this matter], it is stated (in Prov. 16:14), “The king's anger is like messengers of death, and whoever is wise will appease it.” This refers to Joshua, who caused the burning anger of the Lord to turn away from Israel.

"And you shall provide yourselves with cities" (Numbers 35:11), this is what the verse says, "Good and upright is the Lord, therefore He shows sinners the way." (Psalms 25:8) "Remember Your mercy, O God, and your lovingkindness." (Psalms 25:6). David said, Master of the Universe, were it not for the fact that Your lovingkindness preceded the First Man, he would not have been able to stand, as it says "For the day you eat of it [the tree of knowledge of good and evil] you will surely die" (Genesis 2:17). And You did not do this; rather, You brought him out from the Garden of Eden and he lived for 930 years(!) and only after that did he die. Why did you do that to him, to drive him out from the Garden of Eden, as it says (Genesis 3:24) "and He drove out the man"? Why was he driven out, since he brought death upon the generations, and he was sentenced to immediate death? Rather, You had mercy upon him and drove him off, just as the accidental killer is exiled to a city of refuge. Thus it says, "Remember Your mercy, O God, and Your lovingkindness, etc." Once Moshe stood and the Holy Blessed One told him, "Provide yourselves with cities...", Moshe said "Master of the Universe, this one killed by accident in the south or the north; how will he know where the city of refuge is, that he may flee to it?" God replied, "'Set for yourselves the path... [i.e. to the cities of refuge]' (Deuteronomy 19:3), orient for yourselves the path so that you will not be mistaken and find the blood avenger and he will kill you "and there will be for him no death penalty" (Deuteronomy 19:6)." He [Moshe] said again, "How?" He [God] said to him, set up for yourselves signs [istlayot] pointing to the cities of refuge, that they will know where to travel. And on every sign write "Killer to the city of refuge", as it says "prepare for yourselves the way". Thus said David, "Good and upright is the Lord, therefore He shows sinners the way." If for killers He makes a path and a road for them to flee by and be saved, all the more so for righteous! "He guides the humble in justice, and teaches the humble His way" (Psalms 25:9). "And the killer shall flee there who has killed a soul by accident" -- but not on purpose. If he kills on purpose and he says "I accidentally killed" and flees to the cities of refuge, the Holy Blessed One says, even if he flees and enters to My altar, you shall kill him, as it says (Exodus 21:14) "And if a person schemes, etc [against another, and kills him treacherously, you shall take him from My very altar to be put to death]". And who was it who fled to the altar and was killed? Yoav, as it says (I Kings 2:28) "When the news reached Joab, he fled to the Tent of the LORD [and grasped the horns of the altar]...". And it says (II Samuel 23:8) "Tahchemonite, the chief officer" -- he did not know that it is written in the Torah "And if a person schemes, etc" that he went and grasped the horns of the altar. Rather it says "Those killed by the court are not buried in the graves of their fathers, rather they alone; it is better for me that I die here and be buried in the graves of my fathers". (I Kings 3:30-31) "Benaiah reported back to the king that Joab had answered thus and thus, and the king said, 'Do just as he said; strike him down and bury him, and remove guilt from me and my father’s house for the blood of the innocent that Joab has shed.'" And why was he killed? For so David his [Shlomo's] father had commanded him -- "Further, you know what Joab son of Zeruiah did to me, what he did to the two commanders of Israel’s forces, Abner son of Ner and Amasa son of Jether: he killed them" (I Kings 2:5). What did he do to him...

"And you shall provide yourselves with cities" (Numbers 35:11), this is what the verse says, "Good and upright is the Lord, therefore He shows sinners the way." (Psalms 25:8) "Remember Your mercy, O God, and your lovingkindness." (Psalms 25:6). David said, Master of the Universe, were it not for the fact that Your lovingkindness preceded the First Man, he would not have been able to stand, as it says "For the day you eat of it [the tree of knowledge of good and evil] you will surely die" (Genesis 2:17). And You did not do this; rather, You brought him out from the Garden of Eden and he lived for 930 years(!) and only after that did he die. Why did you do that to him, to drive him out from the Garden of Eden, as it says (Genesis 3:24) "and He drove out the man"? Why was he driven out, since he brought death upon the generations, and he was sentenced to immediate death? Rather, You had mercy upon him and drove him off, just as the accidental killer is exiled to a city of refuge. Thus it says, "Remember Your mercy, O God, and Your lovingkindness, etc." Once Moshe stood and the Holy Blessed One told him, "Provide yourselves with cities...", Moshe said "Master of the Universe, this one killed by accident in the south or the north; how will he know where the city of refuge is, that he may flee to it?" God replied, "'Set for yourselves the path... [i.e. to the cities of refuge]' (Deuteronomy 19:3), orient for yourselves the path so that you will not be mistaken and find the blood avenger and he will kill you "and there will be for him no death penalty" (Deuteronomy 19:6)." He [Moshe] said again, "How?" He [God] said to him, set up for yourselves signs [istlayot] pointing to the cities of refuge, that they will know where to travel. And on every sign write "Killer to the city of refuge", as it says "prepare for yourselves the way". Thus said David, "Good and upright is the Lord, therefore He shows sinners the way." If for killers He makes a path and a road for them to flee by and be saved, all the more so for righteous! "He guides the humble in justice, and teaches the humble His way" (Psalms 25:9). "And the killer shall flee there who has killed a soul by accident" -- but not on purpose. If he kills on purpose and he says "I accidentally killed" and flees to the cities of refuge, the Holy Blessed One says, even if he flees and enters to My altar, you shall kill him, as it says (Exodus 21:14) "And if a person schemes, etc [against another, and kills him treacherously, you shall take him from My very altar to be put to death]". And who was it who fled to the altar and was killed? Yoav, as it says (I Kings 2:28) "When the news reached Joab, he fled to the Tent of the LORD [and grasped the horns of the altar]...". And it says (II Samuel 23:8) "Tahchemonite, the chief officer" -- he did not know that it is written in the Torah "And if a person schemes, etc" that he went and grasped the horns of the altar. Rather it says "Those killed by the court are not buried in the graves of their fathers, rather they alone; it is better for me that I die here and be buried in the graves of my fathers". (I Kings 3:30-31) "Benaiah reported back to the king that Joab had answered thus and thus, and the king said, 'Do just as he said; strike him down and bury him, and remove guilt from me and my father’s house for the blood of the innocent that Joab has shed.'" And why was he killed? For so David his [Shlomo's] father had commanded him -- "Further, you know what Joab son of Zeruiah did to me, what he did to the two commanders of Israel’s forces, Abner son of Ner and Amasa son of Jether: he killed them" (I Kings 2:5). What did he do to him...

(Bamidbar 35:16) "And if with an iron implement he kill him (intentionally) and he die, he is a murderer.": What is the intent of this? From (17) "And if with a hand-stone … (18) Or if with a wooden implement, etc.", I might think that he is liable only if he killed him with one of these. Whence would I derive (the same for) iron? It is, therefore, written "And if with an iron implement he kill him, he is a murderer." — But (even) without this I can derive it a fortiori, viz.: If he is liable for killing him with stone or wood, how much more so with iron! — But if so, I would say: Just as a stone must fill the hand (thus "hand-stone"), so, iron. It is, therefore, written with an implement of iron, (of any size). It is revealed before the Holy One Blessed be He that iron of any size can kill, wherefore "hand" is not written (in that connection) — even a needle or a pin sufficing. This tells me only of his killing him with iron. Whence do I derive the same for his throwing at him metal balls or lumps? From (16) "He is a murderer; die shall die the murderer" — in any event. (17) "And if with a hand-stone, whereby he can die, he strike him and he die, he is a murderer. Die shall die the murderer.": What is the intent of this? From (Shemot 21:18) "And if men quarrel and a man strike his neighbor, etc." I might think (that this obtains) whether he strikes him with something which is or which is not lethal. It is, therefore, written "And if with a hand-stone (i.e., one which fills the hand), whereby he can die, he strike him." Scripture hereby apprises us that he is not liable unless he strikes him with something which is potentially lethal. I might think, even (if he strike him) on a (body) site (a blow to) which is not mortal. It is, therefore, written (Devarim 19:11) "And if a man hate his neighbor … and he strike him mortally" — whereby we are apprised that he is not liable unless he strikes him with something which is potentially lethal and on a (body) site, injury to which may result in his death. This ("And if with a hand-stone") tells me that he is liable only if he kills him with a stone. Whence do I derive (the same for) his rolling rocks or pillars over him? From (17) "he is a murderer — die shall die the murderer" — in any event.

(Bamidbar 35:18) "Or if with a wooden hand-implement, whereby he can die, he strike him, and he die, he is a murderer." What is the intent of this? From (Shemot 21:20) "And if a man strike his (Canaanite) man-servant or maid-servant with a rod, and he die under his hand, vengeance (by the sword) shall be taken," I might think, whether or not it is of killing potential. It is, therefore, written "Or if with a wooden hand-implement, whereby he can die, he strike him, etc." — only if it is of killing potential. I might think, even on a (body) site injury to which does not result in death. It is, therefore, written (Devarim 19:11) "And if a man hate his neighbor and lie in wait for him, and he rise up against him and he strike him mortally," Scripture hereby apprising us that he is not liable unless he strikes him on a (body) site injury to which may result in death. This ("Or, if with a wooden implement") tells me that he is liable only if he struck him with wood. Whence do I derive (the same for) his throwing beams or poles at him? From "he is a murderer — die shall die the murderer" — in any event.

(Devarim 19:1) "When the L-rd your G-d cuts off the nations whose land the L-rd your G-d gives to you": in your merit.

(Devarim 19:2) "Three cities": of average size, not very small and not very large. "shall you set aside for yourself": and not for others (i.e., gentiles).

(Devarim 19:4) "And this is the dvar of the slayer": From here they ruled: If a slayer fled to his city of refuge and the people of that city wished to honor him, he must tell them: "I am a slayer." If they persist, he may accept their homage, (it being written "And this is dvar [lit., "the word"] of the slayer" [i.e., he must tell them "I am a slayer"]).

(Devarim 19:5) "And one who comes with his neighbor in the forest": Just as a forest is a place that the slain and the slayer were permitted to enter, so all such places (are subsumed in the halachah) — to exclude the owner's courtyard, which the slayer had no right to enter.

(Devarim 19:5) "and his hand swing the axe": From here it is ruled that if he intended to chop down a tree and it fell on a man and killed him, he is exiled.

(Devarim 19:8) "And if the L-rd your G-d broaden your border": Do the mitzvah stated herein, in reward for which the L-rd will broaden your border.

(Devarim 19:9) "If you keep all of this mitzvah to do it … then you shall add for yourself, etc.": From here we see that Moses set aside three cities (of refuge) across the Jordan. When they came to Eretz Yisrael, they set aside another three, and in time to come, they are destined to set up another three. Three superadded to three — six, and another three — nine together.

(Devarim 19:10) "And innocent blood shall not be shed in the midst of your land that the L-rd your G-d gives to you as an inheritance": Beth-din is hereby being exhorted to this end.

(Devarim 19:11) "and he rise up against him, etc." (Ibid. 12) "Then the elders of his city shall send, and they shall take him from there": From here R. Yossi b. Yehudah says: If one slays a soul, whether unwittingly or wittingly — all proceed to the cities of refuge, and beth-din send and bring him from there.

(Devarim 19:14) "You shall not move back (into his own land, thus broadening your own), the boundary marker of your neighbor." Is it not already written (Vayikra 19:13) "You shall not rob"? What, then, is the intent of the above? We are hereby taught that one who removes his neighbor's boundary marker transgresses two negative commandments.

(Devarim 19:16) "If there arise a witness chamas against a man to testify against him sarah": "chamas" connotes a robber, and "sarah," as in (Ibid. 13:6) "for he has spoken sarah," and (Jeremiah 28:16) "This year you shall die, for you have spoken sarah of the L-rd."

(Devarim 19:17) "Then the two men shall stand": It is a mitzvah for the litigants to stand.

(Devarim 19:18) "And the judges shall inquire well. And elsewhere, (Ibid. 13:15) "And you shall inquire, and you shall search out, and you shall ask well," and elsewhere (Ibid. 17:4) "And it be told to you, and you hear, and you shall search it out well" — "well" - "well," for an identity (gezeirah shavah ). We are hereby taught that he is subject to seven inquiries (chakiroth, cross-examinations). Whence is it derived that there are also bedikoth ("examinations," factual review)? From (Ibid.) "and, behold, true and correct is the thing." Whence is it derived (that through his testimony) he is branded as "false"? From (Ibid. 19:18) "and, behold, a false witness is the witness."

"and you shall hang him": "him," without his garments (i.e., naked). "him," and not scheming witnesses against him (viz. Devarim 19:19). "him": We are hereby taught that two are not judged (for such an offense) on one day.