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מבן עשרים שנה ומעלה מבית אבותם, “from twenty years and up according to their respective fathers’ house.” When enumerating the tribe of Reuven, the Torah here omits the addition למשפחותם, ”according to their families,” which we had found in the previous census (Numbers 1,2). The reason is that in the interval of almost 40 years some intermarriage with the members of Korach’s family had occurred, as a result of which such members of Korach’s expanded family perished with him. [This is not surprising, as the discontented Reuvenites had felt sympathy for Korach’s rebellion and intermarriage between them was based on common interests. Ed.] (The author refers the reader to his commentary on Numbers 1,18 where he dealt with this at greater length)

ימול בשר ערלתו, “the flesh of his foreskin shall be circumcised.” We have learned concerning this procedure as follows in the Talmud tractate Shabbat folio 137: “a newborn may be legally circumcised on the eighth, ninth or the tenth, the eleventh or the twelfth day, without the father having been remiss in performing the procedure on the correct day. How can this occur? 1) The normal day for mandatory circumcision is the eighth day. 2) the ninth day as the “official” day is when the baby was born at dusk. If dusk is considered as part of the next day, then the baby cannot be legally circumcised until the morning of the day following, i.e. the ninth day. If that day happens to be the Sabbath, circumcision would have to be delayed for another day. How could it happen that the legal day for the circumcision would not occur until the eleventh of even the twelfth day? If the baby was born at dusk on Friday, and the day following the Sabbath is a festival. If the baby was born at dusk of the end of the twentysecond of Ellul and the following Thursday which would normally be the eighth day is New Year of the following Year and a holiday. As this day however could be the ninth day, both days of New Year as well as Sabbath following are out, so that the earliest legal day would be Sunday, which is the twelfth day after its birth. It is possible that our author bases himself on a statement attributed in Bereshit Rabbah 7,2, to someone by the name do Yaakov, resident of Nevorai, who issued a ruling in Tzor, that the son of an idol worshipping woman and a Jewish father, born on the Sabbath, could be circumcised on the Sabbath. When Rabbi Chagai heard about this ruling he ordered this Yaakov to appear before him in order to be punished by lashes for such a ruling. To this Yaakov of Nevorai replied that “when someone gives a correct ruling according to the Torah, why should he be punished by lashes?” Thereupon Rabbi Chagai asked him to explain how his ruling could conform to Torah law. Thereupon Yaakov cited Numbers 1,18: ויתילדו על משפחותם לבית אבותם, “they identified themselves according to their families by their fathers’ houses.” To this Rabbi Chagai replied that Yaakov had not interpreted that verse correctly, as it could not override the prohibition against intermarriage with members of an idolatrous nation which is spelled out in Deuteronomy 7,3, with the words לא תתחתן בם, “do not intermarry with them (the Canaanites) i.e. since such a union is illegal its offspring is not Jewish. It is also confirmed by Deuteronomy 7,4 where the Torah gives as the reason for such a prohibition: כי יסיר את בנך מאחרי, “for he will lead your son astray from Me;” a reference to your soninlaw. The Torah did not write כי תסיר, for she will lead astray, but “for he will lead astray.” She cannot lead astray, as she is not Jewish in the first place. Therefore the son of the woman mentioned in the story cited in Bereshit Rabbah, does not require circumcision on either a weekday or the Sabbath since he does not qualify for performance of that rite until and if he converted.

ואומר אליכם בעת ההיא, “and I had said to you at that time;” this includes everything until verse 18 that Moses had commanded the people. It had been the subject in Exodus 18,18 where Moses’ father in law Yitro had cautioned him against overexerting himself, and Moses’ response by appointing judges to act as his delegates.