Midrasz do Wyjścia 23:5

(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).

What is meant by Thou hast established equity (ibid.)? R. Alexandri explained it as follows: Two mules are being led along a road by men who despise each other. Suddenly, one of the mules falls to the ground. As the one who is leading the second mule passes by, he sees the mule of the other man stretched out beneath his load, and he says to himself: “Is it not written in the law that If thou seest the ass of him that hateth thee lying under its burden, thou shalt forbear to pass him by; thou shalt verily release it for him (Exod. 23:5)?” What did he do? He turned back to help the other man reload his mule, and then accompanied him on the way. In fact, while working with him he began to talk to the owner of the mule, saying: “Let us loosen it a little on this side, let us tighten it down on this side,” until he reloaded the animal with him. It came to pass that they had made peace between themselves. The driver of the mule (that had fallen) said to himself: “I cannot believe that he hates me; see how concerned he was when he saw that my mule and I were in distress.” As a result, they went into the inn, and ate and drank together. Finally they became extremely attached to each other. Hence, Thou hast established equity, Thou hast executed justice and righteousness.

Said Rabbi Shimon ben Yoḥai: Great is peace, for all blessings are included with it, "Adonai grants strength to His people, Adonai blesses his people with peace" (Psalm 29:11). Ḥizkiyah said two things. Ḥizkiyah said: Great is peace, for all the commandments are written this way: "When you see" (Exodus 23:5), "when you encounter" (Exodus 23:4), "when you come across" (Deuteronomy 22:6). If a commandment comes to you you are bound to do it, but if not you are not bound to do it. But here it says "Seek peace and pursue it" (Psalm 34:15) – seek it for your place, and pursue it for other places. Ḥizkiyah said also: Great is peace, for of all the encampments it is written thus (Numbers 33) "And they set out... and they encamped" – they would set out divided and would encamp divided. When they all came before Mt. Sinai it was done as one encampment, as it is written (Exodus 19:2) "And Israel encamped there"—it isn't written "And the Israelites encamped there" in the plural, but "and Israel encamped there" in the singular!—Because of this the Holy Blessed One said, "Here is the gate where I will give the Torah to My children." Bar Kappara said three things. Bar Kappara said: Great is peace, for the scriptures use words of fiction in the Torah so as to impose peace between Abraham and Sarah, as it is written "After I am withered shall I have pleasure? And my husband is so old!" (Genesis 18:12) But to Abraham He didn't say that but rather "And I am so old!" (Genesis 18:13). Bar Kappara also said: Great is peace, for the scriptures use words of fiction in the Prophetic books to impose peace between husband and wife, as it is said, "Look, you are barren and have borne no children, but you will conceive and bear a son" (Judges 13:3), but to Manoaḥ He didn't say that but rather "All that I said to the woman she should follow" (Judges 13:13) – in all that she still needs markers. Bar Kappara also said: Great is peace, for if the celestials who have no jealousy or hatred or rivalry or strife or quarrels or debates or evil eye require peace, as it is written (Job 25:2) "He who makes peace in the heavens," how much more so the mortals who have all those traits? Said Rabbi Shimon ben Gamliel: Great is peace, because the writings spoke works of fiction in the Torah to impose peace between Joseph and his brothers, as it is written (Genesis 50:17) “Thus say to Yosef, please forgive” - but we do not find Jacob commanding any such thing! Said Rabbi Yosei the Galilean: Great is pace, for even in a time of war we only open with peace, as it is written (Deuteronomy 20:10) "When you approach a city to make war on it, call out to it for peace." Said Rabbi Yudan son of Rabbi Yosei: Great is peace, for the name of the Holy Blessed One is called peace, as it is written "And he called it "Adonai is peace" (Judges 6:24). Said Rabbi Tanḥum son of Yudan, from here we derive that it is forbidden for one to call out "Peace" to a companion in a filthy place. Taught Rabbi Yishmael: Great is peace, for even the Great Name written in holiness, the Holy Blessed One said to blot out in water so as to impose peace between husband and wife. (See Numbers 5:19-23). Rabbi Meir was sitting and discoursing on Shabbat evening. There was this one woman who would sit and listen to him give his lecture. Once she waited until the lecture ended, went home, and found the light had gone out. Her husband said to her, "Where have you been?" She said to him, "I was sitting and listening to the voice of the lecturer." He said to her, "Thus and more I vow: I will not let you enter here until you go and spit in the lecturer's face!" She stayed away one Shabbat, another, a third. Her neighbors said to her, "Are you still angry at each other? Let's come with you to the lecture." When Rabbi Meir saw them, he figured it out through the holy spirit. He said to them, "Is there here a woman knowledgeable in treating eyes?" Her neighbors said to her, "If you go spit in his eye you will unbind your husband." When she sat down in front of him she became afraid of him, and said to him, "Rabbi, I am not knowledgeable in treating eyes." He said to her, "Even so, spit in my eye seven times, and I will be cured." She did so. He said to her, "Go tell your husband you told me to do it once and I spat seven times. His disciples said to him, "Rabbi, should people thus abuse the Torah? Couldn't one of us offered a treatment for you?" He said to them, "Is it not enough for Meir to be like his Maker?" For it had been taught: Great is peace, for even the Great Name written in holiness, the Holy Blessed One said to blot out in water so as to impose peace between husband and wife." Said Rabbi Shimon ben Ḥalafta: Great is peace, for when the Holy Blessed One created His universe He made pace between the upper and lower parts. On the first day He created some of the upper and lower parts, as it is written "In the beginning God created the heavens and the earth" (Genesis 1:1). On the second He created some of the upper parts, as it is written "And God said, 'let there be a firmament'" (Genesis 1:6). On the third He created some of the lower parts, as it is written, "And God said, 'gather the waters'" (Genesis 1:9). On the fourth some of the upper parts — "Let there be lights in the heavenly firmament" (Genesis 1:14). On the fifth He created some of the lower parts — "And God said, 'Let the waters swarm'" (Genesis 1:20). On the sixth He came to create humanity. He said, "If I create him from more upper parts, then the upper parts will outnumber the lower by one creation. If I create him from more lower parts, then the lower parts will outnumber the upper by one creation." What did He do? He made him from upper parts and from lower parts, as it is written "And Adonai God created humanity from the dust of the earth" (Genesis 2:7) — lower parts, "and blew into his nostrils the breath of life (Genesis 2:7) — upper parts. Rabbi Manei of Sh'av and Rabbi Yehoshua of Sikhnin said in the name of Rabbi Levi: Great is peace for all blessings and goodnesses and mercies that the Holy Blessed One gives to Israel are sealed with peace. The reading of the Shema — "spreads the shelter of peace." The standing prayer — "He who makes peace." The Priestly Blessing — "and grant you peace" (Numbers 6:26). And I only know this regarding blessings, so where do we derive this for sacrifices? "This is the Torah of the burnt-offering, of the grain-offering, and of the sin-offering, and of the guilt-offering, and of the fulfillment-offerings, and of the peace-offering" (Leviticus 7:37). I only know this in general, so where do we derive this in detail? "This is the Torah of the burnt-offering" (Leviticus 6:2), "This is the Torah of the grain-offering" (Leviticus 6:7), "This is the Torah of the sin-offering" (Leviticus 6:18), "This is the Torah of the guilt-offering" (Leviticus 7:1), "This is the Torah of the peace-offering" (Leviticus 7:11). I only know this for individual sacrifices, so where do we derive this for communal sacrifices? The verse (Numbers 29:39) says, "Do these for Adonai on your set times," but finishes with "your peace-offerings." I only know this in this world, so from where do we derive this in the next? "I will extend to her peace like a wadi" (Isaiah 66:12). The Rabbis said, great is peace for when the messianic king will come he will only open with peace, as it is written, "How pleasant on the mountains are the feet of the messenger proclaiming peace!" (Isaiah 52:7)

27 (Numb. 21:21) “Then Israel sent messengers [to Sihon …]”: This text is related (to Ps. 37:3), “Trust in the Lord and do good, abide in the land and remain loyal.” And it states (in Ps. 34:15), “Depart from evil and do good; seek peace and pursue it.” The Torah did not command [them] to go in pursuit of the commandments. Rather [it states] (in Deut. 22:6), “When you come on a bird's nest”; (in Exod. 23:4) “When you encounter [the ox of one who hates you]”; (in Exod. 23:5) “When you see the donkey [of one who hates you]”; (in Deut. 24:20) “when you beat your olive tree”; (in Deut. 24:21), “When you gather the grapes of your vineyard”; and (in Deut. 23:25) “When you go into your neighbor's vineyard.” If [these situations] present themselves to you, you are given a command concerning them; but [you are] not to go in pursuit of them. In the case of peace, however, (according to Ps. 34:15), “seek peace,” wherever you are; “and pursue it,” wherever else it may be. And this is what Israel did. Although the Holy One, blessed be He, had said to them (in Deut. 2:24), “begin to take possession, and engage him in battle,” they went in pursuit of peace. So is it stated (in Numb. 21:21) “Then Israel sent messengers….”

(Numb. 21:21:) “Then Israel sent messengers to Sihon […].” This text is related (to Ps. 34:15), “Depart from evil and do good; [seek peace and pursue it].” The Torah did not command [them] to go in pursuit of the commandments.¹⁴⁵Numb. R. 19:27. Rather [it says] (in Deut. 22:6), “When you come on a bird's nest”; (in Exod. 23:4) “When you encounter the ox of one who hates you”; (in Exod. 23:5) “When you see the donkey of one who hates you”; (in Deut. 24:20) “when you beat your olive tree”; (in Deut. 24:21), “When you gather the grapes of your vineyard”; and (in Deut. 23:25) “When you go into your neighbor's vineyard.” If [these situations] present themselves to you, you are given a command concerning them; but [you are] not to go in pursuit of them. In the case of peace, however, (according to Ps. 34:15), “seek peace,” wherever you are; “and pursue it,” wherever else it may be. And this is what Israel did. Although the Holy One, blessed be He, had said to them (in Deut. 2:24), “begin to take possession, and engage him in battle,” they went in pursuit of peace. So is it stated (in Numb. 21:21) “Then Israel sent messengers….”

... Teach us oh, teacher: once the Ninth of Av has ended, is everything permitted? R’ Chiyah the Great taught like this: once the Ninth of Av has ended, one is permitted to do anything. Why? Because it is like the case of a person whose dead is laid out before him, who is forbidden to eat meat or drink wine. Once the dead is buried, the mourner is permitted to do so. So to on the Ninth of Av one is a mourner – once the day has ended one is permitted to do anything. Even though we are permitted, we must always have a sigh in our hearts until the Holy One returns to her. The Holy One said to them: by your lives! I burnt her, as it says “From above He has hurled fire into my bones…” (Lamentations 1:13) I will build her, as it says “Yet again will I rebuild you, then you shall be built, O virgin of Israel…” (Jeremiah 31:3) Zion said to Him: Behold, I have been sitting thus for many years! I have counted the days from old and I have not been redeemed, therefore I have despaired. She said that my master has abandoned me. And from where do we learn that Zion said this? From that which is written regarding it “And Zion said, ‘The Lord has forsaken me, and the Lord has forgotten me.’” (Isaiah 49:14) ... Another explanation. “And Zion said, ‘The Lord has forsaken me…” (Isaiah 49:14) What is written before this? “Sing, O heavens, and rejoice, O earth, and mountains burst out in song, for the Lord has consoled His people, and He shall have mercy on His poor.” (Isaiah 49:13) Once Zion saw that the prophet recalled His people and His poor, but did not mention Zion or Jerusalem she said ‘the Lord has forsaken me, and the Lord has forgotten me.’ Immediately the Holy One replied and said to her: just as it is impossible for a woman to forget her sucking child, so to I am not able to forget you, “Shall a woman forget her sucking child, from having mercy on the child of her womb?” (Isaiah 49:15) She said to Him: Master of the world! How is that possible? There is no end to the evils I have done! I caused Your Holy Temple to be destroyed and I killed the prophets. R’ Berachia the Kohen said in the name of Rebbe: the Holy One said to her, I will forget your evil but I will not forget your good. “…These too shall forget, but I will not forget you.” (ibid.) I have forgotten “"These are your gods, O Israel…” (Exodus32:4) but “I am the Lord, your God…” (Exodus 20:2) I will not forget.

(Numb. 21:21:) THEN ISRAEL SENT MESSENGERS TO SIHON. This text is related (to Pss. 34:15 [14]): DEPART FROM EVIL AND DO GOOD; SEEK PEACE AND PURSUE IT. The Torah did not command <them> to go in pursuit of the commandments.²⁰⁰Tanh., Numb. 6:22; Numb. R. 19:27. Rather <it says>: (as in Deut. 22:6:) WHEN YOU COME ON A BIRD'S NEST, (as in Exod. 23:4:) WHEN YOU ENCOUNTER THE OX OF ONE WHO HATES YOU, (as in Exod 23:5:) WHEN YOU SEE THE DONKEY OF ONE WHO HATES YOU, (as in Deut. 24:20:) WHEN YOU BEAT YOUR OLIVE TREE, (as in Deut. 24:21:) WHEN YOU GATHER THE GRAPES OF YOUR VINEYARD, (as in Deut. 23:25:) WHEN YOU GO INTO YOUR NEIGHBOR's VINEYARD. If <these situations> present themselves to you, you are given a command concerning them; but <you are> not to go in pursuit of them. In the case of peace, however, (according to Ps. 34:15 [14]): SEEK PEACE, wherever you are, AND PURSUE IT, wherever else it may be. And this is what Israel did. Although the Holy One had said to them (in Deut. 2:24): BEGIN TO TAKE POSSESSION, AND ENGAGE HIM IN BATTLE, they went in pursuit of peace.

Because it is written (Shemoth 23:5) "Unload shall you unload (his animal) with him," I might think that you should unload for this one, too; it is, therefore, written "and you shall not hearken to him."

(Devarim 22:4) "You shall not see the ass of your brother or his ox fallen on the way and ignore them; lift up shall you lift up with him." "You shall not see the ass of your brother": This is a negative commandment. And elsewhere it is written (Shemoth 23:5) "If you see, etc.": That is a positive commandment. This tells me only of "the ass of your brother." Whence do I derive (the same for) the ass of your foe? From (Shemoth 23:5) "the ass of your foe." If so, why is it written (here) "your brother"? Scripture (there) speaks anent the evil inclination (i.e., Assist not only the ass of your brother, but even the ass of your foe — against the protestations of your evil inclination.)

Jeremiah asked the Holy One four things at the hour when he separated from Him, on two he received an answer and on two he did not. They are: despising, rejection, abandonment and forgetting. Since Jeremiah saw the outlandish judgments which He brought upon Jerusalem he stood astonished, saying: is it possible that the Holy One will return to them after this? Then he asked the Holy One about these four things. So it says at the end of the scroll of lamentations “Why do You forget us forever, forsake us so long?” (Lamentations 5:20) “For if You have utterly rejected us, You have been exceedingly wroth against us.” (Lamentations 5:22) This is like a king who had a matron who was very beloved to him. Because the matron knew that the king loved her too much she violated the king’s honor and transgressed his decrees. One time decreed upon her that his servants come and drag her by her hair. Her dear friend who was present stood astonished, and seeing this immediately ran to come before the king. He said to him: my master the king, tell me what you intend. If you intend to return to her, then a man should rule over his wife. If you do not intend to return to her, you should divorce her that she can go and marry another. So Jeremiah said before the Holy One: Master of the World! “Have You indeed rejected Judah? Has Your soul despised Zion?” (Jeremiah 14:19) If Your intention is to return to her “Why have You smitten us and we have no cure?” (ibid.) He replied: go to your teacher, and to the teacher of your teacher – Moshe, the teacher of all the prophets. This is what I said to him at the end of all the curses: “But despite all this, while they are in the land of their enemies, I will not despise them nor will I reject them…” (Leviticus 26:44) Here we see that on two he received an answer and on two he did not. Since Zion saw that Jeremiah asked four things of the Holy One - despising, rejection, abandonment and forgetting – and that the Holy One answered him about despising and rejection but not about abandonment and forgetting, she began to make claims regarding the other two. “And Zion said, ‘The Lord has forsaken me, and the Lord has forgotten me.’” (Isaiah 49:14) Another explanation. And Zion said, ‘The Lord has forsaken me, and has forgotten me.’ The verse doesn’t say this, but rather ‘The Lord has forsaken me, and the Lord has forgotten me.’ Why does it say ‘the Lord and the Lord’? She said to Him: even the two attributes of mercy which are written about You “Lord, Lord, benevolent God, Who is compassionate and gracious…” (Exodus 34:6) have abandoned me and forgotten me. Another explanation. He forfeited me to all the nations, gleanings, forgotten sheaves and the corners of the fields as it says “When you reap the harvest of your Land…you shall leave these for the poor person and for the stranger.” (Leviticus 23:22) Another explanation. ‘The Lord has forsaken me (azavtani).’ He loaded me up with many punishments as it is written “You shall surely help along with him (azov ta’azov).” (Exodus 23:5) Another explanation. ‘The Lord has forsaken me.’ That is, made me worth abandoning, as it is written “…and the Lord shall pour out their vessels.” (Isaiah 3:17) This comes to teach that He hinted to their springs and they poured forth and they were sunk in blood and abandoned and they cast them away. The Holy One said to them: complainers the sons of complainers! I was engaged with the first man, in order to make him a helpmate, as it says “…I shall make him a helpmate opposite him,” (Genesis 2:18) and he complained about Me, “The woman whom You gave to be with me she gave me…” (Genesis 3:12) I was engaged with Yaakov’s son to make him king over Egypt, “Now Joseph was the ruler over the land…” (Genesis 42:6) and He complained before Me, saying “My way has been hidden from the Lord…” (Isaiah 40:27) Even his sons did the same in the wilderness! I was engaged in choosing for them an easy food like that which kings eat, so that not one of them should be seized by indigestion or diarrhea, and they complained before Me, saying “…and we are disgusted with this rotten bread.” (Numbers 21:5) So too Zion did to Me. I was engaged in removing the kingdoms from the world, haven’t I already removed Babylon, Maday and Greece? I was about to cause the fourth kingdom to pass away and she complained before Me, saying ‘You have abandoned me, You have forgotten me.’ Another explanation. Knesset Yisrael said before the Holy One: You have forgotten that might which my children mentioned before you at the sea “The Eternal's strength…” (Exodus 15:2) Another explanation. “And Zion said, ‘The Lord has forsaken me, and the Lord has forgotten me.’” (Isaiah 49:14) Forsaken is the same as forgotten! R’ Elazar said: Knesset Yisrael said before the Holy One – Master of the World! A man who marries another wife in addition to his first still remembers the actions of the first, but You have forsaken me. The Holy One replied to her – my daughter, I created twelve constellations in the firmament opposite the twelve tribes and for each constellation I created thirty troops, and for each troop I created thirty routes, and on each route I created thirty legions, and for each legion I created thirty camps, and for each camp I created thirty squares, and for each square I created three hundred and sixty-five stars like the number of the days of the solar calendar. All of these I created only for you, and you say ‘He has forgotten me, He has abandoned me?!’ “Shall a woman forget her sucking child (ulah)…” (Isaiah 49:15) I will never forget the burnt offerings (olot) and firstborns which you offered before Me. She said before Him - Master of the World! Since there is no forgetting before Your Holy Throne, maybe then You will not forget what I did with the Golden Calf? He replied to her – I will also forget this. She said before Him – Master of the World! Since there is forgetting before Your Holy Throne, maybe you will forget what I did at Mount Sinai? He said to her “I will not forget you.” (ibid.)