Midrash su Esodo 21:1

Now these are the judgments (Exod. 21:1). Scripture states (elsewhere in reference to this verse): The strength also of the king who loveth justice. Thou hast established equity and righteousness in Jacob (Ps. 99:4). (That is to say,) all strength, praise, greatness, and might belong to the King of Kings, who loveth justice. Normally a powerful man is not concerned about executing his decisions in accordance with the demands of justice. In fact, he ignores justice and commits acts of violence and theft. He disregards the attitude of His Creator, favors his friends and his relatives, and acts unjustly toward his enemies. But the Holy One, blessed be He, loveth justice, and executes his decrees only justly. Hence it says: The strength also of the King who loveth justice.

(Exod. 21:1:) AND THESE ARE THE ORDINANCES (mishpatim)…. This text is related (to Ps. 99:4): AND A MIGHTY KING LOVES JUSTICE (mishpat).¹Tanh., Exod. 6:1; M. Pss. 99:2; Exod. R. 30:1. All strength, might, and glory belong to the Holy One. David said (in I Chron. 29:10): TO YOU, O LORD, BELONG THE GREATNESS AND THE MIGHT…. <Such> strength belongs to the Supreme King of Kings, the Holy One. You find that whoever is in a position of power does not accomplish his ends with justice (mishpat) but <instead> subverts justice. The Holy One, however, is in a position of power and <still> loves justice (mishpat). (Ps. 99:4, cont.:) YOU HAVE ESTABLISHED UPRIGHTNESS. R. Alexandri said: Two donkey drivers who hated each other were going along the road.²M.Pss.99:3. When the donkey belonging to one of them lay down, his companion saw it and passed by. After he had passed by, he thought: It is written in the Torah (in Exod. 23:5): WHEN YOU SEE THE DONKEY OF ONE WHO HATES YOU <LYING DOWN UNDER ITS BURDEN>…, [YOU MUST SURELY ASSIST HIM.]³Cf. ARN, A 23; Matthew 5:43–48; //Luke 6:27–28, 32–36; Romans 12:20. He immediately returned and shared the load with him. He began to consider <the matter > in his heart. He thought: So-and-so actually loves me,⁴The Buber text reads, “him.” and I did not know it! They entered an inn,⁵Gk.: pandokeion. to eat and drink. Who caused them to make peace? <It happened> because this person considered the Torah. (Ps. 99:4, cont.:) YOU HAVE ESTABLISHED UPRIGHTNESS…. What is this? This is justice (mishpat).

(Exod. 25:1–2:) THEN THE LORD SPOKE UNTO MOSES, SAYING: SPEAK UNTO THE CHILDREN OF ISRAEL, AND LET THEM TAKE (rt.: LQH) FOR ME A PRIESTLY SHARE…. This text is related (to Prov. 4:2): FOR I GAVE YOU GOOD INSTRUCTION…. INSTRUCTION (LQH) <denotes> my Torah.¹Tanh., Exod. 7:2. <It was> customary for two traders²Gk.: pragmateutai. This interpretation follows the reading from the parallel text in Tanh., Exod. 7:2. The spelling, PRGMTYN, in the Buber text suggests the Greek pragmata (“affairs,” “business”) and does not fit the context. to be in the <same> district. One took in (rt.: LQH) raw silk,³Gk.: metaxa. and the other took in finished silk.⁴Gk.: holoserikon. Cf. the parallel Tanh. text, which reads “pepper” (pilpelin) here. They stood side by side. One said to his companion: Do you want to make a change? He said: Yes. <So> they changed <roles> with each other. The first handed over the raw silk and took the finished silk for himself. It turned out that a single commodity <remained> in the hands of the one, and a single commodity <remained> in the hands of the other. But Torah is not like that. One learns the <talmudic> order, "Seeds (Zera'im)," while another learns the order, "Damages (Neziqin)." Both of them stood side by side. One said to his companion: Teach me the order, "Seeds," and I shall teach you the order, "Damages." It turned out that the one had two <orders> in hand, and the other had two < orders > in hand. Is there <any> merchandise greater than this? Ergo (in Prov. 4:2): FOR I GAVE YOU GOOD INSTRUCTION….

Now these are the ordinances (Exod. 21:1). Scripture says elsewhere: The king by justice establisheth the land, but the man who sets himself apart (terumah)¹The word terumah means “something set aside,” as with the priestly offering. overthroweth it (Prov. 29:4). The Torah’s king rules through justice and thereby causes the earth to endure, but the man who sets himself apart (terumah) overthrows it. This implies that if a man acts as though he were a terumah (the portion separated, or set aside, for the priests) by secluding himself in the corner of his home and declaring: “What concern are the problems of the community to me? What does their judgment mean to me? Why should I listen to them? I will do well (without them),” he helps to destroy the world. Hence the man of separation (terumah) overthroweth it.

(Exod. 21:1:) AND THESE ARE THE ORDINANCES (mishpatim). This text is related (to Prov. 29:4): BY JUSTICE (mishpat) A KING SUSTAINS THE LAND.⁶Gen. R. 14:1; Exod. R. 30:13; cf. Tanh., Exod. 6:2. This refers to the Holy One. (Ibid., cont.:) BUT A PERSON OF REMOVALS (temurot) WILL DESTROY IT. This refers to the first Adam who was separated out in a removal (temurah). R. Jose ben Qetsartah said: Where is it shown that he was separated out in a removal?⁷Above, Gen. 2:1; Tanh., Gen. 2:1;yShab. 2:4 (5b); Gen. R. 17:8. Where it is stated (in Gen. 2:6–7): BUT A MIST WENT UP FROM THE EARTH <AND WATERED THE WHOLE FACE OF THE GROUND>. THEN THE LORD FORMED <THE HUMAN OUT OF DUST FROM THE GROUND>.⁸See above, Gen. 2:2; Tanh., Gen. 2:1. <It is> like the wife of a priest putting water into the midst of her dough and after that taking the hallah.⁹Cf. Numb. 15:20, which identifies hallah and temurot. Ergo, it says (in Prov. 29:4): BUT A PERSON OF REMOVALS (temurot) WILL DESTROY IT. When the Holy One commanded him to eat from this and not to eat from that, he transgressed the command. What did he bring about? (Gen. 3:17:) CURSED IS THE LAND BECAUSE OF YOU. Ergo, (in Prov. 29:4): <BUT A PERSON OF REMOVALS > WILL DESTROY IT.

R. Abbahu said: Wherever THESE is used, it cancels what precedes; and wherever AND THESE is written, it adds to what precedes.¹⁰Gen. R. 12:3; Exod. R. 30:3. It is written (in Gen. 2:4): THESE ARE THE GENERATIONS OF THE HEAVENS < AND THE EARTH. > What did <THESE> cancel? It canceled (Gen. 1:2:) AND THE EARTH WAS VOID AND WITHOUT FORM WITH DARKNESS. And so (in Exod. 21:1): AND THESE ARE THE ORDINANCES adds to what precedes (i.e., Exod. 15:25): THERE HE ESTABLISHED FOR THEM A STATUTE AND AN ORDINANCE….

“…for your love is better than wine” (Song of Songs 1:2). We learned there (Mishna Avoda Zara 2:5): Rabbi Yishmael asked Rabbi Yehoshua as they were walking on the way: ‘Why did [the Sages] prohibit the cheese of the gentiles?’ [Rabbi Yehoshua] said to him: ‘Because they curdle it with the stomach contents of an animal carcass.’ He said to [Rabbi Yehoshua]: ‘But are the stomach contents of a burnt offering not more stringent than the stomach contents of an animal carcass, yet they said that a priest who is broad minded¹⁰⁹He is not particular about what he eats. swallows it raw.’ What is, swallows it raw? He gulps it down. Rabbi Shimon ben Lakish said: They rendered it like a tainted cup; he may not benefit, but he is not liable for misuse of consecrated items.¹¹⁰Thus, if one eats the stomach contents of a consecrated animal, one is not liable for misuse of a consecrated item. This proves that it is not considered a food item, therefore its consumption is not a normal act of eating. Similarly, the stomach contents of an unslaughtered animal carcass should not be considered a food item, and should not render the cheese non-kosher. [Rabbi Yishmael] said to him:¹¹¹In the mishna, this is stated as a response to a second explanation given by Rabbi Yehoshua for the prohibition of eating the cheese of gentiles: They curdle it in the stomach contents of animals that have been slaughtered as an idolatrous sacrifice. ‘If so, why did they not prohibit benefit from it?’ [Rabbi Yehoshua] diverted his attention to another matter. He said to him: ‘Yishmael, my brother, how do you read it? For Your love [dodekha] is better than wine, or your love [dodayikh] [is better] than wine?’¹¹²Do you think that the term “your love” is stated in the masculine form [dodekha], indicating that it is being stated by the woman, representing Israel, to the man, representing God, or is it stated in the feminine form [dodayikh], indicating that it is stated by the man, representing God, to the woman, representing Israel. Rabbi Yishmael answered that it is vocalized dodayikh, in the feminine. He said to him: ‘The matter is not so, as its counterpart teaches in its regard: “Your oils [shemanekha] have a goodly fragrance”’ (Song of Songs 1:3).¹¹³Just as this verse is in the masculine, so, too, the previous verse, which is the verse under discussion, is also in the masculine.
Why did he not reveal it to him?¹¹⁴Why did he divert his attention rather than answering his question? Rabbi Yonatan said: It is because they had prohibited it only recently,¹¹⁵When the Sages issue a decree, for the first year they do not reveal the reason behind it, so that people will accept the decree without questioning its rationale. and Rabbi Yishmael was young. Rabbi Shimon ben Ḥalafta and Rabbi Ḥagai in the name of Rabbi Shmuel bar Naḥman [said]: It is written: “Lambs [kevasim] will be for your garments” (Proverbs 27:26). Kevashim, concealed items, is written.¹¹⁶The word, as written, can be read either kevasim or kevashim. When your students are young, conceal matters of Torah from them. When they grow and become Torah scholars, reveal the secrets of Torah to them. Rabbi Shimon ben Yoḥai taught: “These are the ordinances that you shall place [tasim] before them” (Exodus 21:1), just as this treasure [sima] is not revealed to every person, the same is true of matters of Torah.
Rav Huna raised a question and Rabbi Ḥama bar Ukva posed a difficulty:¹¹⁷Some suggest that the text should read: Rav Huna, citing Rabbi Hama bar Ukva, posed a difficulty (Etz Yosef). If he sought to divert him, he should have diverted him from the five verses in the Torah that require resolution.¹¹⁸In each of these cases there are two phrases, and it is unclear whether a particular word which appears at the border of the two belongs to the first or second phrase. These are they: “se’et” (Genesis 4:7); “cursed” (Genesis 49:7);¹¹⁹Does “cursed” belong to the previous verse: “And with their will they hamstrung an ox that is cursed” or does it belong to the beginning of this verse: “Cursed is their wrath, as it is fierce”? “tomorrow” (Exodus 17:9);¹²⁰Is it “Go out and battle Amalek tomorrow” or is it “Tomorrow I will stand at the top of the hill”? “crafted like almonds” (Exodus 25:34);¹²¹Is it “four cups crafted like almonds,” or is it “like almonds are its knobs and flowers”? “arise” (Deuteronomy 31:16).¹²²Is it “you will lie with your ancestors and arise,” or is it “this people will arise and it will stray”? Is it, “if you do well you will receive forgiveness [se’et],” or is it “you will bear your sin [se’et] if you do not do well”? Rabbi Tanḥuma said: I have another: “The sons of Jacob came from the field when they heard” or “when they heard [the men were saddened] and they came from the field” (Genesis 34:7). Rabbi Yitzḥak said: It is written: “And the Lord commanded me” (Deuteronomy 4:14); there are matters that He said to me myself, and there are matters that He told me to say to my children.¹²³Some matters of Torah are meant to publicized to all, and others are meant to be communicated only to those who are worthy. Rabbi Eila said: There are matters that one seals [meshikin]¹²⁴This is derived from yishakeni. Rabbi Yehoshua raised this verse to Rabbi Yishmael in order to allude to the fact that not everything is meant to be publicized (Matnot Kehuna). in one’s mouth.
How so? One verse says: “I store Your saying in my heart, so as not to sin against You” (Psalms 119:11), and one verse says: “With My lips I have recounted all the ordinances of Your mouth” (Psalms 119:13). In what sense can both these verses coexist? Rather, as long as Ira HaYa’iri, David’s mentor, was alive, “I store Your saying in my heart”; when he departed, “with my lips I have recounted.”¹²⁵David did not publicize halakhic matters during the lifetime of his teacher because a disciple is prohibited from issuing halakhic rulings in the presence of his teacher (Eruvin 63a).

Now these are the ordinances (Gen. 21:1). R. Abahu said in the name of R. Yosé the son of Zimra: Whenever the word eleh (“these”) is written, the lack of importance of the earlier generations is indicated, but whenever ve’eleh (“now these”) is written, it adds to the importance of later generations and bestows praise upon earlier generations. It is possible to explain every instance in which this phrase occurs in accordance with this statement. Hence the verse Now these are the ordinances adds praise to earlier generations, as it is said: There he made for them a statute and an ordinance (Exod. 15:25). That is, Which thou shalt set before them (Exod. 21:1)—but not before idolaters.

(Exod. 21:1:) AND THESE ARE THE ORDINANCES…. This text is related (to Ps. 147:19–20): HE DECLARES HIS WORDS TO JACOB, <HIS STATUTES AND ORDINANCES TO ISRAEL>. HE HAS NOT DONE SO FOR ANY NATION; <AND, AS FOR HIS ORDINANCES, THEY HAVE NOT KNOWN THEM>.¹¹Tanh., Exod. 6:5. Aquila the son of Hadrian's sister wanted to convert to Judaism, but he was afraid of his uncle Hadrian.¹²See Exod. R. 30:12. He said to him: I want to engage in a business. He said to him: Do you perhaps lack silver or gold? Here, you have the treasury¹³Gk.: thesauros. before you. He said to him: I want to engage in a business in order to gain knowledge of humanity, and I want to consult you on how to do it. He said to him: Go and engage in any business¹⁴Gk.: pragmateia. that you see established on earth, since in the end it will increase (hit'allah) <in value >. Now he intended to convert to Judaism. He came to the land of Israel and studied the Torah. When R. Eliezer and R. Joshua came to him after some time, they found him and saw his face transformed. They said to each other: Aquila has been studying the Torah. When they came to him, he began to ask them questions, and they would answer him. He went up to Hadrian. He said to him: Why is your face transformed? Has your business failed, or is someone troubling you? He told him: No. Then why has your face been transformed? He said to him: Because I have been studying Torah. And not only that, but I have been circumcised. He said to him: And who told you <to do so>? He said to him: I consulted with you. He said to him: When? He said to him: When I told you I wanted to engage in a business, you told me: Engage in any business that you see established on earth, since in the end it will increase (hit'allah) <in value>. So I went back over all the peoples and did not find <any> people established on earth like Israel. Now in the end they will be exalted (hit'allah), just as Isaiah has said (in Is. 49:7): THUS SAYS THE LORD, THE REDEEMER OF ISRAEL, HIS HOLY ONE, TO {ONE WHO DESPISES ONE's} [A DESPICABLE] SOUL, TO AN ABHORRENT NATION, TO A SLAVE OF RULERS: < KINGS SHALL SEE, AND NOBLES SHALL RISE UP. AND THEY SHALL PROSTRATE THEMSELVES ON ACCOUNT OF THE LORD, WHO IS FAITHFUL, EVEN THE HOLY ONE OF ISRAEL, BECAUSE HE HAS CHOSEN YOU.> His associate regent¹⁵Gk.: sygkathedros. said to him: Are these whom you have been annihilating going to be those before whom kings will stand, as stated (in Is. 49:7): KINGS SHALL SEE AND RISE UP; NOBLES ALSO SHALL PROSTRATE THEMSELVES? Hadrian hit him on the jaw. He said to him: One only puts a bandage on a wound. Would [someone] put it on sound flesh? Would he not put it on a wound? Now if one sees some common soldier,¹⁶Lat.: galearius (“solder’s servant,” “batman”). he does not stand in his presence.¹⁷The exact intent of the passage is doubtful. Enoch Zundel in his commentary, ‘Anaf Yosef, on the parallel in Tanh., Lev. 4:5, suggests that, as a bandage on a wound restores the flesh to normal without improving on it, so Israel may be restored to normal but not beyond to a position outranking kings. Similarly, the lowliest soldier may win promotion but will never outrank the emperor. Therefore, Hadrian need never fear the Jews. What did his associate regent do? He went up on the roof, fell down, and died. Thus the Holy Spirit cries out (in Jud. 5:31): SO SHALL ALL YOUR ENEMIES PERISH, O LORD. Hadrian said to Aquila: Why did you do this? He said to him: Because I wanted to learn Torah. He said to him: You could have learned it without becoming circumcised. He said to him: Without circumcising, one could not learn it, as stated (in Ps. 147:19): HE DECLARES HIS WORDS TO JACOB, [HIS STATUTES AND ORDINANCES (mishpatim) TO ISRAEL. TO JACOB:] To whoever from Jacob practices circumcision. HIS STATUTES: This means Torah. AND ORDINANCES: These are the laws. [Thus it is stated] (in Exod. 15:25): THERE HE ESTABLISHED FOR THEM [A STATUTE AND AN ORDINANCE (mishpat)]. The Holy One said to Moses: I have given them the Torah; you give them the ordinances (mishpatim). The Holy One said to them: If you desire to survive in this world, observe the ordinances (mishpatim), for {one} [a world] cannot survive without justice (mishpat). The generation of the flood would not have perished from the world, had they not transgressed against justice (mishpat). R. Eleazar ben Pedat said: What is written about them (in Job 4:20)? FROM MORNING TO EVENING THEY ARE SHATTERED; THEY PERISH FOREVER WITHOUT ANYONE NOTICING (rt.: SYM). Ergo (in Exod. 21:1): AND THESE ARE THE ORDINANCES (mishpatim) <THAT YOU SHALL SET (rt.: SYM) BEFORE THEM>.¹⁸See Gen. R. 26:6; 31:5; Exod. R. 30:13.

Now these are the ordinances (Exod. 21:1). Scripture says (elsewhere) in reference to this verse: These also are sayings of the wise. To have respect of persons in judgment is not good (Prov. 24:23). The Holy One, blessed be He, said to Israel: Remember that I gave you the Torah, in which is written: These are the statutes and commandments. To have respect of persons in judgment is not good. What is meant by this? If a judge acts differentially toward a particular witness and perverts the law because of him, the Shekhinah departs (from him), for it is written: The Lord is good to all (Ps. 145:9). Because of that it is written: God standeth in a congregation of God; in the midst of judges He judgeth (ibid. 82:1).

R. Eleazar said: If there is judgement (din) below there is no judgement above; if there is no judgement above, there is judgement below.¹⁹Tanh., Exod. 6:5, cont.; M. Ps. 72:3; Gen. R. 26:6; Deut. R. 5:5; see also Gen. R. 35:3; 65:9. How so? If those below carry out a judgement, there is no judgement above? For this reason the Holy One said: Observe justice (mishpat) below so that you will not cause me to carry out justice (mishpat) above.²⁰See I Corinthians 11:32. Ergo (in Exod. 21:1): AND THESE ARE THE ORDINANCES (mishpatim). The Holy One said to them: Whatever I do, I do with justice (din). Thus, had I desired to transgress against justice (din) one time, the world would have been unable to survive. Isaiah has said (in Is. 27:4): THERE IS NO ANGER IN ME. [WOULD THAT HE WOULD GIVE ME THORNS AND THISTLES. I WOULD STEP FORTH AGAINST THEM IN BATTLE. I WOULD SET THEM ON FIRE ALL TOGETHER.] Had I walked one step and disregarded judgment (din), I WOULD SET THEM ON FIRE ALL TOGETHER, <i.e.> the world would have burned immediately. (Is. 27:5:) OR LET HIM TAKE HOLD OF MY PROTECTION, when my hand is seized in justice (din), [as stated (in Deut. 32:41):] MY HAND LAYS HOLD ON JUSTICE (mishpat). (Is. 27:5, cont.:) AND LET HIM MAKE PEACE FOR ME, <i.e.> LET HIM MAKE PEACE between me and the judgement (mishpat). (Deut. 32:41:) IF I SHARPEN (rt.: SNN) MY FLASHING SWORD, <i.e.> if I should change (rt.: SNH) the measure of judgement (din), a single flash of lightning would go forth to destroy the world. What should I do? (Deut. 32:41, cont.:) MY HAND LAYS HOLD ON JUSTICE (mishpat). The Holy One said: I am called the Lord of Justice (mishpat, rt.: ShPT), and I want to stretch out (rt.: PShT) my hand against Esau. Still I am unable <to do so> until I pay him a reward for a small favor which he did for me in this world. R. Pinhas bar Hama the Priest said:²¹Esther R. 1:6. Look at what is written (in Zech. 12:9): SO IT WILL COME TO PASS IN THAT DAY {SAYS THE LORD} THAT I WILL SEEK TO DESTROY ALL THE NATIONS. Israel says to him: Sovereign of the World, then who will stay your hand, since you are saying: I SEEK? The Holy One said: It is simply that, when I SEEK their merit and do not find it, then I WILL SEEK TO DESTROY ALL THE NATIONS. R. Levi said: What is written (in Dan. 7:9)? I LOOKED UNTIL THRONES WERE THROWN DOWN.²²Remaw. The word can mean “were set in place,” and this meaning better fits the biblical context. The context of the midrash, however, requires the translation, WERE THROWN DOWN. The Holy One said: When I acquit some of the nations of the world <for> a few simple commandments which they have carried out in my presence, <it is> during that < limited > time, UNTIL THRONES WERE THROWN DOWN. <It is those > thrones belonging to the nations of the world that the Holy One is going to overturn, as stated (in Hag. 2:22): THEN I WILL OVERTURN THE THRONES OF {THE}KINGDOMS [AND DESTROY THE MIGHT OF THE KINGDOMS] OF THE NATIONS. At that time I will <also> redeem you so that you shall be enslaved no more, as stated (in Nahum 1:12): THOUGH I HAVE AFFLICTED YOU, I WILL AFFLICT YOU NO MORE.

Now these are the ordinances (Exod. 21:1). Scripture says elsewhere in reference to this verse: He declareth His word unto Jacob … He hath not dealt so with any nation (Ps. 147:19–20). Aquila the convert, Hadrian’s nephew, desired to be converted to Judaism, but he feared his uncle’s wrath.³Aquila was credited with translating the Bible into Greek (see Gittin 56b). He was said to have been the son of Titus’ sister. Hadrian, who reigned from 117 to 138 C.E., promulgated a decree banning circumcision. He told his uncle: “I want to engage in business.” “If you need to do so,” his uncle replied, “silver or gold is available to you.” Aquila responded: “I want to go into business in other lands in order to become acquainted with other people and need only your advice on how to do so.” He responded: “Whatever merchandise you trade in that you find low in price because it is ignored, deal in it, for it will ultimately rise in price and you will profit from it.” Then he went to Israel and studied the Torah.

The generation of the flood was obliterated from the world because it transgressed the ordinances. R. Eleazar the son of Pedat said: It is written about them: Twixt morning and evening they are shattered; they perish forever without any regarding it (Job 4:20). Therefore it says: Now these are the ordinances which thou shalt set before them (Exod. 21:1). Another explanation. Because the generation of the flood did not perform the ordinances, it is written about them: My spirit shall not abide in man forever (Gen. 6:3).

Our Rabbis taught: "What was the method of learning the traditional Torah in the days of Moses? Moses learned it from the mouth of God, then Aaron entered and Moses taught him the chapter; when Aaron had finished, he left the seat of study, taking a seat at the left of Moses, and then his sons entered. Moses then taught them the chapter. When they finished, they departed, Elazar assuming a seat at the left of Moses and Ithamar at Aaron's right. R. Juda says: 'Aaron was always at the right of Moses.' The elder then entered and Moses taught them the same chapter. When the elders were through, they departed and the people entered and Moses taught them the chapter. Thus it is found that Aaron studies the chapter four times, his sons, three times, the elders twice, and the people once. Moses then departed and Aaron studied the same chapter with them all. When Aaron finished, he departed, and his sons studied the chapter with them; after the sons finished, they departed and the elders studied the chapter with the people. It is thus found that every one repeated the chapter four times. 'From this.' says R. Eliezer, 'we learn that it is the duty of a man to repeat a lesson with his disciple four times.' For if Aaron who learned it from Moses and if Moses, who learned it from God Himself, had to repeat the chapter four times, then, surely, an ordinary man who learns from another ordinary man, should repeat it much more frequently." R. Akiba said: "Whence do we infer that a man must learn the lesson with his disciple until his disciple knows it? It is said (Deu. 31, 19.) And teach it the children of Israel. Whence do we know that he must teach him until he knows it? It is said (Ib. ib. ib.) Put it in their mouths. Whence do we infer that the he must show him the reasons for every law? It is said (Ex. 21, 1.) And these are the laws which thou shouldst place before them." Why should not all enter and learn directly from Moses? In order to show honor to Aaron, his children and the elders. If that be so, then why should not Aaron enter and learn it from Moses, Aaron's children from Aaron, the elders from Aaron's children, and the people from the elders? Because Moses learned from the Almighty, he was therefore more capable of explaining the Torah. The master said above: R. Juda says "Aaron was always sitting to the right of Moses." In accordance with whose opinion is the following Baraitha? "When three men are walking on the road the teacher shall walk in the middle, the junior disciple to his right and the senior to his left." Is this not in accordance with B. Juda [who says Aaron was sitting at the right of Moses]? We can say it is in accordance even with the opinion of the Rabbis, yet Aaron occupied his seat to the right of Moses in order to save him trouble [as he occupied the seat at the right of Moses in the beginning, so he remained].

A question: An Israelite involved in a litigation with his neighbor, is prohibited from going to a heathen judge for judgment,⁴See Rashi on the beginning of Exod. 21:1 and above Tan. Ex. Ordinances, 3. since it is said: now these are the ordinances which thou shalt set before them (Exod. 21:1). It is taught by R. Simeon the son of Azzai: Even if you should discover a non-Jewish court where the law is identical with the law in an Israelite court, you are prohibited from bringing the case before them, since it is said: Which thou shalt set before them. Before them, and not before non-Jews, before them, and not before ignorant men.

(Numb. 1:1) “Then the Lord spoke unto Moses in the Sinai desert.” [Sinai] was called by six names: Mountain of God (as in Ps. 68:16), Mount Bashan (ibid.), Mountain of Peaks (ibid.), Mountain of Desire (hmd), Mount Horeb (Exod. 3:1; 33:6; etc.), and Mount Sinai.³¹Numb. R. 1:8. The Mountain of God is [so called] because on it God sat in judgment, as stated (in Exod. 21:1), “Now these are the judgments³²Mishpatim. In the biblical context the word would more normally be translated ordinances. which you shall set before them.” Mount Bashan is the mountain where (sham) Holy One, blessed be He, came (ba').³³In the Hebrew text sham and ba’ appear in the opposite order and next to each other as ba’ sham. The Mountain of Peaks (gavenunnim, rt.: gbn) is the mountain where He disqualified all the [other] mountains,³⁴See Gen. R. 109:1, which depicts the mountains contending with each other to host the revelation of the Torah and generally expands what follows. just as you say (in Lev. 21:20), “or a hunchback (gbn) or a dwarf.”³⁵The context is a list of those rejected from serving in the priesthood. The implication here is that, unlike Sinai where the ordinances for priesthood where given, the other mountains were hunchbacks or dwarfs and therefore rejected. Mountain of Desire (rt.: hmd) is [so called], because on it the Holy One, blessed be He, desired (hmd) to dwell, as stated (in Ps. 68:17), “the mountain God desired for His dwelling.” Mount Horeb (rt.: hrb) is [so called], because upon it the sword (rt.: hrb) [of judgment] was unsheathed, as stated (in Lev. 20:10), “the adulterer and the adulteress shall surely be put to death,” [and] (in Numb. 35:16), “the murderer shall surely be put to death.” Mount Sinai is [so called], because on it the peoples of the world became hateful (rt.: sn') to the Holy One, blessed be He; and He rendered a verdict³⁶Gk.: apophasis. against them, as stated (in is. 60:12), “and the gentiles shall be utterly (hrb) destroyed (rt.: hrb).” R. Abba bar Kahana said in the name of R. Johanan, “’And the gentiles shall be utterly destroyed’ – it was where they received a verdict.”

Another interpretation (of Numb. 1:1): THEN THE LORD SPOKE UNTO MOSES IN THE SINAI DESERT. <Sinai> was called by six names: Mountain of God (as in Ps. 68:16 [15]), Mount Bashan (ibid.), mountain of peaks (ibid.), mountain of desire (HMD), Mount Horeb (Exod. 3:1; 33:6; etc.), Mount Sinai.⁴⁴Tanh., Numb. 1:7; Numb. R. 1:8. The mountain of God is <so called> because on it God sat in judgment, as stated (in Exod. 21:1): NOW THESE ARE THE JUDGMENTS⁴⁵Mishpatim. In the biblical context the word would more normally be translated ORDINANCES. WHICH YOU SHALL SET BEFORE THEM. Mount Bashan is the mountain where (sham) Holy One came (ba').⁴⁶In the Hebrew text sham and ba’ appear in the opposite order and next to each other as ba’ sham. The mountain of peaks (gavenunnim, rt.: GBN) is the mountain where he carved out and rejected⁴⁷Pasal. The word can mean both “carved” and “rejected.” In carving a statue one rejects what is chipped away. The statue itself, like Israel, is what remains. all the <other> mountains.⁴⁸See Gen. R. 109:1, which depicts the mountains contending with each other to host the revelation of the Torah and generally expands what follows. Where is it shown? <It is> just as you say (in Lev. 21:20): OR A HUNCHBACK (GBN) OR A DWARF.⁴⁹The context is a list of those rejected from serving in the priesthood. The implication here is that, unlike Sinai where the ordinances for priesthood where given, the other mountains were hunchbacks or dwarfs and therefore rejected. The mountain of desire (rt.: HMD) is <so called>, because on it the Holy One desired (HMD) to dwell, as stated (in Ps. 68:17 [16]): THE MOUNTAIN GOD DESIRED FOR HIS DWELLING. Mount Horeb (rt.: HRB) is <so called>, because upon it the sword (rt.: HRB) <of judgment> was unsheathed, as stated (in Lev. 20:10): THE ADULTERER AND THE ADULTERESS SHALL SURELY BE PUT TO DEATH, <and> (in Numb. 35:16): THE MURDERER SHALL SURELY BE PUT TO DEATH. Mount Sinai is <so called>, because on it the peoples of the world became hateful (rt.: SN') to the Holy One, and he rendered a verdict⁵⁰Gk.: apophasis. against them, as stated (in Is. 60:12): AND THE GENTILES SHALL BE UTTERLY (HRB) DESTROYED (rt.: HRB). R. Abba bar Kahana said in the name of R. Johanan: AND THE GENTILES SHALL BE UTTERLY⁵¹In this repetition of Is. 60:12 the Buber text alters the word translated UTTERLY from harov to mehurav. This change also appears in the parallel text of ySot. 7:5 (21d), but not in the traditional parallel texts of Tanh., Numb. 1:7, and Numb. R. 1:8. DESTROYED. <It was> where they received a verdict.

We are taught in a Baraitha that R. Tarphon was accustomed to say: "Whereever you find heathenish courts, even though they decide judgements in accordance with the law of Israel, one must not appeal to them; for it is said: (Ex. 21, 1) And those are the laws of justice which thou shalt set before them; i.e., before them (the Sanhedrian) and not before private persons.

Why is it written above "Do not ascend My altar by steps" (Exodus 20:23) and [below] "These are the judgements" (Exodus 21:1)? What has one to do with the other? Since the nakedness of the kohanim would be revealed -- and behold it is written (Exodus 28:42) "And make for them trousers of linen to cover the flesh of their nakedness". Rather, Rabbi Avina says: Just as the Holy Blessed One warned the kohanim not to take large steps to the altar, rather to walk heel to toe, so the Holy Blessed One warned the judges not to take large steps in judgement.

... one who kills a person/nefesh . . . it is as if he removed the icons of the king, and he is sentenced and has no life, for the human is created in the d’mut of the ministering angels

R’ Elazar said: the whole Torah hangs on judgment. That is why the Holy One gave the laws of justice after the Ten Commandments - because people cross the line of justice, are punished and this teaches the whole world. Sodom was not overturned until it crossed the line of justice, as it says “…pride, abundance of bread, and careless ease…“ (Ezekiel 16:49) Even Jerusalem was not exiled until she crossed the line of justice, as it says “…the orphan they do not judge, and the quarrel of the widow does not come to them.” (Isaiah 1:23) And why did the Holy One give the crown to Yehudah? He is not the sole mighty one from among his brothers, are not Shimon, Levi and the others mighty as well? Rather, it was because he gave true judgment to Tamar, therefore he was made judge of the world. This is like a judge before whom an orphan’s judgment comes and he finds in her favor. So too Yehudah – Tamar’s judgment that she should be burned came before him, and he found in her merit because he found merit in her. How? Yitzchak and Yaakov were sitting there, and all his brothers were covering for him. Yehudah acknowledged Gd (HaMakom) and spoke the truth of the matter, saying “She is more in the right than I…” (Bereshit 38:26) and the Holy One made him prince. So Ben Zoma used to say and explain: if you were ashamed in this world, you will not be ashamed of the Holy One, who is a consuming fire, in the coming world. Why? Because the shame of this world is nothing other than the shame of one’s standing in the coming world, as it says “For this let every pious man pray to You…” (Tehillim 32:6)