Midrash sobre Êxodo 22:8

Rabbi Azarya, and some say Rabbi Elazar, Rabbi Yosei ben Rabbi Ḥanina, and the Rabbis, Rabbi Elazar says: This is analogous to a king who had a wine cellar. One came, the first guest; he poured him a cup and gave it to him. The second came, and he poured him a cup and gave it to him. When the king’s son came, he gave him the entire cellar. So too, Adam, the first man, was commanded with seven commandments.⁹⁰The commentaries write that the text should state “six commandments,” as the midrash goes on to list only six. This is also consistent with the text of Bereshit Rabba 16:6 (see Matnot Kehuna). That is what is written: “The Lord God commanded the man, saying: From all the trees in the Garden you shall eat” (Genesis 2:16). “He commanded [vaytzav],” this is [the prohibition against] idol worship, just as you say: “Because he willingly followed an order [tzav]” (Hosea 5:11).⁹¹In this verse, the prophet is expressing that the kingdom of Israel is oppressed because of the sin of idolatry. “The Lord,” this is [the prohibition against] blaspheming the name, as it is stated: “One who blasphemes the name of the Lord shall surely die” (Leviticus 24:16). “God [Elohim],” this is [the commandment to appoint] judges, as it is stated: “The statement of the two of them shall come to the judges [elohim]” (Exodus 22:8). “The man,” this is [the prohibition against] bloodshed, as it is written: “One who spills the blood of the man [by man shall his blood be shed]” (Genesis 9:6). “Saying,” these are forbidden sexual relations, as it is stated: “Saying: If a man divorces his wife and she goes from him [and becomes another man’s wife, may he return to her again?]” (Jeremiah 3:1). “From all the trees in the Garden,” this is robbery, as it is written: “[Did you eat] from the tree that I commanded you [not to eat?]” (Genesis 3:11).
Noah, [the prohibition against eating] a limb [detached] from a living animal was added for him, as it is written: “But flesh with its life, its blood [you shall not eat]” (Genesis 9:4). Abraham was commanded regarding circumcision. Isaac inaugurated it on the eighth day.⁹²Isaac was the first to have been circumcised on the eighth day of his life (see Genesis 21:4). Jacob [was commanded] regarding the [prohibition against eating the] sciatic nerve, as it is stated: “Therefore, the children of Israel shall not eat the sciatic nerve” (Genesis 32:33). Judah [was commanded] regarding [levirate marriage with] a childless sister-in-law, as it is stated: “Judah said to Onan: Consort with your brother's wife, and consummate levirate marriage with her” (Genesis 38:8). [The children of] Israel [were commanded] regarding all the positive commandments and the negative commandments.
Rabbi Yosei ben Rabbi Ḥanina and the Rabbis say: This is analogous to a king who would distribute provisions to his troops by means of dukes, governors, and commanders. When his son came, he gave it to him directly.⁹³Similarly, God gave the commandments to Adam and Noah without direct and public Divine revelation, but He gave the Torah to Israel with direct and public Divine revelation. Rabbi Yitzḥak says: This is analogous to a king who was partaking of fine pastry; when his son came, he gave it to him directly.⁹⁴He shared the fine royal pastry with his son, and gave it to him directly. So too, God gave Israel the Divine Torah, and did so through direct revelation. The Rabbis say: This is analogous to a king who was partaking of slices [of food]; when his son came, he gave it to him directly.⁹⁵The king gave his son a slice of food from his own plate. Some say that he took it from his mouth and gave it to him, as it is stated: “For the Lord grants wisdom; from His mouth are knowledge and understanding” (Proverbs 2:6).
Rabbi Abahu, and some say Rabbi Yehuda, and Rabbi Neḥemya, Rabbi Neḥemya said: [This is analogous to] two friends who were engaged in a halakhic matter. This one says the source of the halakha and that one says the source of the halakha.⁹⁶Each one provided a source for his opinion as to the halakhic conclusion in the matter under discussion. The Holy One blessed be He says: ‘Their passion comes from Me.’⁹⁷Their commitment to arrive at the true halakha is for the sake of Heaven, and therefore, are the words of the living God (see Eiruvin 13b). Rabbi Neḥemya explains the meaning of the phrase: “Let him kiss me [yishakeni] with the kisses of his mouth” as related to “their passion” [shukeyotehon]. Rabbi Yehuda said: Even the vanity that emerges from his mouth,⁹⁸Even if those discussing the halakhic matter are mistaken in their analysis and claims. as it is stated: “Job opens his mouth in vanity” (Job 35:16), the Holy One blessed be He said: ‘His passion is from Me.’
The Rabbis say: The souls of these are destined to be taken with a kiss. Rabbi Azarya said: We find that the soul of Aaron was taken only with a kiss; that is what is written: “Aaron the priest ascended Mount Hor at the command of [al pi] God and he died there” (Numbers 33:38).⁹⁹The midrash interprets the phrase al pi according to its literal meaning, such that the verse states “with the mouth of God,” meaning with a Divine kiss. From where is it derived that the soul of Moses [also departed with a kiss]? As it is stated: “Moses, servant of the Lord, died there…at the command of [al pi] God” (Deuteronomy 34:5). From where is it derived that [the soul of] Miriam [departed with a kiss]? As it is written: “Miriam died there” (Numbers 20:1). Just as “there” that is written below, was with the mouth of God, so, too, here, it is the same, but it is improper to state it explicitly.¹⁰⁰Since the word “there” appears regarding the death of Moses, who died with a kiss, the use of the term “there” regarding the death of Miriam implies that she died in the same manner. However, the verse did not state this explicitly regarding Miriam because it would have been improper to indicate the kiss regarding a woman (see Bava Batra 17a). The rest of the righteous, from where is it derived? It is as it is stated: “Let him kiss me from the kisses of his mouth.” If you engaged in matters of Torah that kiss your lips, ultimately, everyone will kiss you on the mouth.¹⁰¹So too, God will collect your soul with a Divine kiss (Midrash HaMevoar).
Another matter, “let him kiss me [yishakeni] with the kisses”—He will arm me, He will purify me, He will cleave to me.¹⁰²All of these are connoted by the word yishakeni, as the midrash will explain. Yishakeni, He will arm me, from what is written: “Armed [noshekei] with bows, right-handed and left-handed” (I Chronicles 12:2). Rabbi Shimon bar Naḥman said: Matters of Torah were likened to weapons. Just as these weapons serve their owners in times of war, so, too, matters of Torah serve one who exerts sufficient effort in their study. Rabbi Ḥana bar Aḥa cites it from here: “Exaltation of God [is in their throats, and a double-edged [pifiyot] sword is in their hand]” (Psalms 149:6); just as this sword cuts with both its edges,¹⁰³It can thereby save the life of its owner on two planes. so too, Torah provides life in this world and life in the World to Come.
Rabbi Yehuda, Rabbi Neḥemya, and the Rabbis. Rabbi Yehuda says: The Torah that was stated by one mouth [peh] is stated by many mouths [piyot].¹⁰⁴This is based on the verse from Psalms cited above, which compares Torah to a double-edged [pifiyot] sword. Originally it was stated to Israel by Moses, and then all of the children of Israel spoke about it. Similarly, throughout the generations, when a scholar teaches a Torah insight, it is later repeated by his students (Maharzu). Rabbi Neḥemya said: Two Torahs were stated, one oral and one written.¹⁰⁵This is a continuation of the previous statement. The written Torah is stated in one matter, compared to one mouth, whereas the oral Torah, which was not given with one exact text, is communicated in different forms by different people. This is comparable to a plurality of mouths (Maharzu). The Rabbis say: They decree on the supernal, and they perform, on the earthly, and they perform.¹⁰⁶The Sages have multiple mouths in the sense of multiple audiences, as the angels and human beings both observe their decrees. Rabbi Yehoshua of Sikhnin said in the name of Rabbi Levi: The reason of the Rabbis is as it is written: “As there were princes of sanctity and princes of God” (I Chronicles 24:5). “Princes of sanctity,” these are the ministering angels, as it is written: “I profaned the princes of sanctity” (Isaiah 43:28). “Princes of God, these are Israel, as it is written in their regard: “I said: You are divine” (Psalms 82:6), as they decree on the heavenly, and they perform, on the earthly, and they perform, when they conduct themselves in purity.
Another matter, “let him kiss me [yishakeni] with the kisses of his mouth”—let him purify me, like a person who causes two pools to meet [mashik] each other and unites them,¹⁰⁷If there is not enough water in one or both of the pools to serve as a ritual bath, which purifies, joining them together can allow them to serve in this capacity. as it is stated: “Like the meeting [mashak] of cascading pools he joins it” (Isaiah 33:4).
Another matter, “let him kiss me [yishakeni] with the kisses of his mouth”—yishakeni, He will cleave to me, as it is stated: “The sound of the wings of the creatures would touch [mashikot] one another” (Ezekiel 3:13). Alternatively, “let him kiss me with the kisses of his mouth,” He will put forth for me the sound of kisses¹⁰⁸He will speak to me lovingly. from His mouth.

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(Lev. 16:1:) “Now the Lord spoke unto Moses after the death [of Aaron's two sons].” This is what Elihu said (to Job 37:1), “At this also my heart trembles and leaps.” Elihu was observing how the sons of Aaron went in to sacrifice and came out destroyed by fire.⁵⁵Cf. PRK 26(27):5; Lev. R. 20:5. He was amazed and said (ibid.), “At this also my heart trembles and leaps.” What did he see for him to say this? He said, “At a time when the priesthood had become weak in the hand of Aaron, what is written there (in Numb. 17:21)? ‘Then Moses spoke unto the Children of Israel; and their princes gave him a staff, a staff for each prince.’ So he wrote the name of each and every tribe on its staff. He also wrote the name of Aaron on the staff of Levi and put it in the middle, lest the Children of Israel say, ‘It smelled the Divine Presence and bore fruit.’ Moses said, ‘See, I am putting it in the middle so as not to give a pretext,’ as stated (in Numb. 17:21, cont.), ‘and the staff of Aaron was in the midst of their staffs.’ What is written there (in vs. 22-23)? ‘Then Moses placed the staffs before the Lord in the tent of the testimony. And it was on the morrow that Moshe came to the tent of testimony, and the staff of Aaron had sprouted […] and had borne almonds.’ The scriptural text lacked nothing. Why then, ‘and had born (rt.: gml) almonds (rt.: shqd)?’⁵⁶Numb. R. 18:23. It repaid (rt.: gml) anyone who was bent on (rt.: shqd) evil against the tribe of Levi. So while (in Numb. 17:16-24) even dry pieces of wood emitted an aroma among those who live in the world, sprouted blossoms, came out alive, and produced fruits; [yet] the sons of Aaron, who entered there alive, came out destroyed by fire.” So when Elihu beheld the one and the other, he said (in Job 37:1), “At this also my heart trembles.” When? (Lev. 16:1:) “Now the Lord spoke unto Moses after the death of Aaron's two sons.” As [all] four of [Aaron's sons] deserved to die; but Moses prayed for them, and his prayer produced half [a response]. When? When Israel made the calf, what is written there (in Deut. 9:20)? “And the Lord was very angry with Aaron to destroy (rt.: shmd) him.” Destruction (rt.: shmd) can only be annihilation of children. Thus it is stated (in Amos 2:9), “I destroyed (rt.: shmd) their (the Amorites') fruit above […].” When Moses prayed, his prayer produced half [a response]. (Lev. 16:1:) “After the death of Aaron's two sons.” The Holy One, blessed be He, said to him, “Aaron, did I not write this in My Torah (in Exod. 22:8), ‘In every case of misappropriation, whether for a bull, for an ass or for a sheep….’ Do you not remember what you did with the bull, as stated (in Ps. 106:20), ‘Thus they exchanged their glory for the image of a bull?’”⁵⁷See Numb. R. 9:47. For alternate interpretations of Exod. 22:8 that use the same form, see BQ 54b. (Exod. 22:8, cont.:) “For an ass.” This refers to the Egyptians, about whom it is written (in Ezek. 23:20), “whose flesh is like the flesh of asses.” They (the Egyptians among them) made for them a calf, whom Israel worshiped, as stated (in Numb. 11:4), “Then the rabble⁵⁸I.e., the Egyptians who joined Israel in the Exodus. which was in their midst.” (Exod. 22:8, cont.:) “For a sheep (seh).” This refers to Israel, as stated (in Jer. 50:17), “Israel is a scattered flock (seh).” (Exod. 22:8, cont.:) “For a garment,” [i.e.] that one about which it is written (in Is. 3:6), “you have a garment; you shall be our leader.”⁵⁹According to Numb. R. 9:47, the allusion is to Israel having made the golden calf their king. (Exod. 22:8, cont.:) “Or any loss,” since it is written of them (i.e., of Israel in Jer. 50:6), “My people were lost sheep.” (Exod. 22:8, cont.:) “Of which one says, ‘This is it.” [This refers to] them when they said (in Exod. 32:8), “These are your gods, O Israel.” (Exod. 22:8, cont.:) “The case of both parties shall come before God (the powers).” This refers to Moses of whom it is written (in Exod. 7:1), “See, I have set you as a power to Pharaoh,” [in that] Moses sat in judgment over them. (Exod. 22:8, cont.:) “The one whom God (the powers) condemns.” This refers to the judges.⁶⁰See above, Exod. 2:1, and the note there. (Exod. 22:8, cont.:) “Shall pay his neighbor double.” This refers to the two sons of Aaron. Ergo (in Lev. 16:1), “after the death of Aaron's two sons.”

[(Lev. 16:1:) AFTER THE DEATH OF AARON'S TWO SONS.] The Holy One said to him: Aaron, did I not write this in my Torah (in Exod. 22:8 [9]): IN EVERY CASE OF MISAPPROPRIATION, WHETHER FOR A BULL…. Do you not remember what you did with the bull, as stated (in Ps. 106:20): THUS THEY EXCHANGED THEIR GLORY FOR THE IMAGE OF A BULL?⁶¹See Numb. R. 9:47. For alternate interpretations of Exod. 22:8 [9] that use the same form, see BQ 54b. (Exod. 22:8 [9], cont.:) FOR AN ASS. This refers to the Egyptians, about whom it is written (in Ezek. 23:20): WHOSE FLESH IS LIKE THE FLESH OF ASSES. You (Egyptians)⁶²The parallel account in Numb. R. 11:47 explains that it was the Egyptians who enticed Israel to make the golden calf. made for them a calf, whom they worshiped, [as stated] (in Numb. 11:4): THEN THE RABBLE⁶³I.e., the Egyptians who joined Israel in the Exodus. WHICH WAS IN THEIR MIDST. (Exod. 22:8 [9], cont.:) FOR A SHEEP (seh). This refers to Israel, as stated (in Jer. 50:17): ISRAEL IS A SCATTERED FLOCK (seh). (Exod. 22:8 [9], cont.:) FOR A GARMENT. < i.e. > that one about which it is written (in Is. 3:6): YOU HAVE A GARMENT; YOU SHALL BE OUR LEADER.⁶⁴According to Numb. R. 9:47, the allusion is to Israel having made the golden calf their king. (Exod. 22:8 [9], cont.:) < OR > ANY LOSS, since it is written of them (i.e., of Israel in Jer. 50:6): MY PEOPLE WERE LOST SHEEP. (Exod. 22:8 [9], cont.:) OF WHICH ONE SAYS: THIS IS IT. < This refers to > them when they said (in Exod. 32:8): {THIS IS YOUR GOD} [THESE ARE YOUR GODS], O ISRAEL. (Exod. 22:8 [9], cont.:) THE CASE OF BOTH PARTIES SHALL COME BEFORE GOD. This refers to Moses of whom it is written (in Exod. 7:1): SEE, I HAVE SET YOU AS A GOD TO PHARAOH, < in that > Moses sat in judgment over them. (Exod. 22:8 [9], cont.:) THE ONE WHOM GOD CONDEMNS. This refers to the judges, of whom it is written (in Exod. 22:27 [28]): YOU SHALL NOT CURSE A GOD < NOR A RULER OF YOUR PEOPLE.⁶⁵See above, Exod. 2:1, and the note there. (Exod. 22:8 [9], cont.:) SHALL PAY HIS NEIGHBOR DOUBLE. This refers to the two sons of Aaron. Ergo (in Lev. 16:1): AFTER THE DEATH OF AARON'S TWO SONS.

(Devarim 3:24) "O L-rd (Yod-keh-vav-keh), G-d (Elokim)": Wherever "Yod-keh-vav-keh" is written, the attribute of mercy is intended, viz. (Shemoth 34:6) "Yod-keh-vav-keh," the G-d who is merciful and gracious." Wherever "Elokim" is written, the attribute of justice is intended, viz. (Ibid. 22:8) "Unto the judges ('elohim') shall come the matter of both," and (Ibid. 27) "Elokim ([Both G-d and judges are intended]) you shall not curse."

(Bamidbar 35:22) "And if of a sudden, without hatred, he thrust him": to exclude (his killing) unwittingly. "or he cast upon him some instrument, but not in prey": without "hunting" or intent to kill. (22) "Or with any stone, whereby one can die," "without seeing": to include (for exile) a blind man and one who throws (a stone) at night. R. Yehudah says: "without seeing": to exclude a blind man. "and he not be his foe": Issi b. Akiva says: We find his stringency to be his lenity, and his lenity, his stringency, viz.: You cannot make him liable for the death penalty — Perhaps he killed him unwittingly. And you cannot make him liable for exile — Perhaps he killed him wittingly. "and he not be his foe" (juxtaposed with [24] "Then the congregation shall judge"): to exclude haters from sitting in judgment. This tells me of haters. Whence do we derive the same for kin? From (24) "between the slayer and the avenger" (with no other "relationship" intervening). Whence do I derive the same for witnesses? It follows, viz.: The Torah states: Kill through (the agency of) judges, kill through witnesses. Just as judges who are (their) haters or kin are unfit (to judge in their case), so, witnesses (who are haters or kin). Furthermore, it follows a fortiori, viz.: If judges — who do not decide (the facts of the case) — haters and kin are unfit to serve (as judges), then witnesses — who decide (the facts of the case) — how much more so are haters and kin unfit to serve (as witnesses)! This tells me only of (the instance of a murderer). Whence do I derive (the same for) all other instances of the death penalty? From [the superfluous] (Ibid.) "according to these judgments." This tells me only of Israelites. Whence do I derive the same for proselytes? From (Vayikra 24:22) "for proselytes and native-born (Israelites) alike." This tells me only of capital cases. Whence do I derive (the same for) monetary cases? From (Ibid.) "One (standard of) judgment shall there be for you," — But perhaps just as capital cases (are adjudicated) by twenty-three, so, monetary cases? It is, therefore, written (here) "according to these (capital) judgments." These are (adjudicated) by twenty-three, and not monetary judgments, of which it is written (Shemot 22:8) "Until elohim (counting three judges) shall come the dispute of both." And whence is it derived that capital cases (are adjudicated) by twenty-three? From (Bamidbar 35:24) "And the congregation (ten) shall judge" (25) And the congregation (ten) shall rescue" — twenty all together. And whence is it derived that three are added? From (Shemot 23:2) "Do not be after the many to do evil," I understand that I should be with them to do good. If so, what is the intent of (Ibid.) "After the many (i.e., the majority to incline" (judgment)? Let your judgment for good (i.e., acquittal) not be like your judgment for evil (i.e., incrimination). I still would not know how many, (but the Torah states: Kill by witnesses; kill by the inclination of the judges. Just as witnesses are two, so, the inclination of the judges (i.e., acquittal, is with a majority of one, and incrimination by a majority of two); and since the verdict of beth-din cannot be evenly balanced, three most be added to them (the twenty). The expounders of metaphor stated: The three "eduyoth" ("congregants") written in this section (one in [24] and two in [27]) signal that capital cases are adjudicated by thirty.