Мидраш к Мелахим А 2:30

(Fol. 48b) Our Rabbis were taught: Those who are executed by the government, their estates belong to the government; and those that are executed by the court, their estates belong to their heirs. R. Juda, however, maintains that their estates belong to the heirs even when they are executed by the government. The sages said to him: Is it not said (I Kings, 21, 16) And it came to pass, when Achab heard that Naboth was dead, that Achab rose up to go down to the vineyard of Naboth, the Yizreelite, to inherit it? And he replied: "Achab was his brother's son and was a legal heir." "But had not Naboth sons?" Whereupon R. Juda said: "He slew him and his sons, as it is said (II Kings, 9, 20) Surely I have seen yesterday the blood of Naboth, and the blood of his sons." The Rabbis, however, maintain that the expression sons refers to those who would come from him had he remained alive. He who says that the estates belong to the government is correct, because it is written (I Kings, 21, 13) Naboth hath blasphemed God and the King. But why was it necessary for him who said the estates belong to the heirs to add and the King? And according to your theory that [they belong to the heirs], why was God mentioned? You may say it was done to increase the anger of the people. For the same reason and the king was also mentioned, He who says that it belongs to the government is justified because it is written (Ib. 2, 30) No; but here will I die — which means: I do not wish to be counted among those who were killed by the government, so that my estate should belong to it. But according to him who says that it belongs to the heirs, what difference did it make to Joab? To remain alive a little longer.

(Numb. 35:11:) WHERE A KILLER MAY FLEE WHO HAS TAKEN A LIFE BY MISTAKE, and not on purpose. If someone goes and kills on purpose, then says: It was by mistake that I killed, and flees to <one of the> cities of refuge, the Holy One says: Even if he comes in and flees to my altar, kill him, according to what is stated (in Exod. 21:14): BUT WHEN SOMEONE PLOTS AGAINST <HIS COMPANION AND KILLS HIM TREACHEROUSLY>, YOU SHALL TAKE HIM AWAY <EVEN> FROM MY ALTAR <FOR EXECUTION>. Who was this person who fled to the altar and was killed? This was Joab, of whom it is stated (in I Kings 2:28): WHEN THE NEWS CAME TO JOAB,…. <JOAB FLED UNTO THE TENT OF THE LORD> AND SEIZED THE HORNS OF THE ALTAR. You find that Joab was a great sage and the head of the Sanhedrin,³³Gk.: Synehedrion. as stated (in II Sam. 23:8): ONE WHO SITS IN THE SEAT OF WISDOM.³⁴These words are commonly understood as the proper name, JOSHEB-BASSHEBETH, A TAHCHEMONITE, but this and other citations of the verse in rabbinic literature tend to understand the verse as translated here. See above, Tanh. (Buber), Gen. 4:12, and the note there; also below, Tanh. (Buber), Deut. 1:3. Cf. MQ 26b, for an interpretation that identifies this sage with David himself. But did he not know what is written in the Torah (in Exod. 21:14): <BUT WHEN SOMEONE PLOTS AGAINST HIS COMPANION AND KILLS HIM TREACHEROUSLY>, YOU SHALL TAKE HIM AWAY <EVEN> FROM MY ALTAR FOR EXECUTION, [when he went and seized the horns of the altar]?³⁵yMakk. 2:7 [6] (31d); Sanh. 48b; see Makk. 12b. It is simply that [Joab] had said: Those killed by a court of law are not buried in the graves of their ancestors but by themselves. It is better to die here, so that I may be buried with my ancestors. (I Kings 2:30–31:) THEN BENAIAH BROUGHT BACK WORD UNTO THE KING, SAYING: THUS HAS JOAB SPOKEN AND THUS DID HE ANSWER ME. SO THE KING SAID TO HIM: DO AS HE HAS SPOKEN, STRIKE HIM DOWN AND BURY HIM. Why was he killed? Because his (Solomon's) father, David, had ordered him <to do> so (in I Kings 2:5–6): MOREOVER, YOU ALSO KNOW WHAT JOAB BEN ZERUIAH DID TO ME…. <SO ACT IN ACCORDANCE WITH YOUR WISDOM, AND DO NOT LET HIS GRAY HAIR GO DOWN TO SHEOL IN PEACE.> What did he do to him? You find that, when David wrote to Joab (in II Sam. 11:15): SET URIAH IN THE FRONT LINE WHERE THE FIGHTING IS THE FIERCEST, he did so, and he was killed. All the army leaders assembled against Joab, as stated of him (in II Sam. 23:39): URIAH THE HITTITE, <was one of> ALL <those> {THIRTY-SIX} [THIRTY-SEVEN} <leaders>. He showed them the document. It is therefore stated (in I Kings 2:5): [YOU KNOW] WHAT [JOAB BEN ZERUIAH] DID TO ME AND WHAT HE DID TO THE TWO COMMANDERS OF ISRAEL's FORCES, TO ABNER BEN NER <AND TO AMASA BEN JETHER> [….] They had been of the opinion that David had ordered him to kill him because Abner was Saul's cousin, and for that reason David arose and cursed Joab, when he said (in II Sam. 3:29): MAY THE HOUSE OF JOAB NEVER LACK <ONE WITH A DISCHARGE, A LEPER, ONE WHO GRASPS THE CRUTCH,³⁶Modern translations commonly understand these words to mean, A MALE WHO HANDLES THE SPINDLE, but the midrash understands them in the sense given here. ONE WHO FALLS BY THE SWORD, AND ONE LACKING BREAD>. Then all Israel was appeased,³⁷Rt.: PYS. Cf. Gk.: peisai (“to have persuaded”). when they knew that there was no <authorization> from David. So David ordered his son, Solomon, to kill him, because Joab was the son of David's sister, and he wanted him to approach the world to come.³⁸If he received punishment is this world, his deed would no longer bar him from doing so. When Solomon desired to kill him, Joab said to Benaiah: Go and tell Solomon: Do not sentence me with two judgments. If you are killing me, take off from me the curses with which your father, David, cursed me; and if not, leave me with his curses. Immediately (in I Kings 2:31): SO [THE KING] SAID TO HIM: DO AS HE HAS SPOKEN. [STRIKE HIM DOWN AND BURY HIM.] R. Judah has said: All curses with which David cursed Joab were all fulfilled in David's seed. [(II Sam. 3:29:) MAY THE HOUSE OF JOAB NEVER LACK ONE WITH A DISCHARGE, A LEPER, ONE WHO GRASPS THE CRUTCH, ONE WHO FALLS BY THE SWORD, AND ONE LACKING BREAD.]³⁹yQid. 1:7 (61a); cf. above, Gen. 7:7; ‘Arakh. 16a. ONE WITH A DISCHARGE <was fulfilled in> Rehoboam ben Solomon (according to I Kings 12:18 = II Chron. 10:18): THEN KING REHOBOAM SUCCEEDED IN MOUNTING HIS CHARIOT (merkavah) <AND FLED TO JERUSALEM>. It also says concerning ONE WITH A DISCHARGE (in Lev. 15:9): AND ANY SADDLE (merkav) ON WHICH THE ONE WITH A DISCHARGE RIDES <SHALL BE UNCLEAN>. (II Sam 3:29, cont.:) A LEPER <was fulfilled in> Uzziah, of whom it is stated (in II Kings 15:5): AND HE WAS A LEPER UNTIL THE DAY OF HIS DEATH. (II Sam 3:29, cont.:) ONE WHO GRASPS THE CRUTCH <was fulfilled in> Asa, of whom it is written (in I Kings 15:23): HOWEVER IN HIS OLD AGE HE BECAME DISEASED IN HIS FEET, where gout⁴⁰Gk.: podagra; Lat.: podagra. had seized him. (II Sam 3:29, cont.:) ONE WHO FALLS BY THE SWORD <was fulfilled in> Josiah, of whom it is written (in II Chron. 35:23): THEN THE ARCHERS SHOT KING JOSIAH. Moreover, Rav Judah has said: Rav said: they thrust three hundred iron lances⁴¹Gk.: longchai. into him, until they had perforated him like a sieve. (II Sam 3:29, cont.:) AND ONE LACKING BREAD <was fulfilled in> Jehoiachin, of whom it is stated (in II Kings 25:30 = Jer. 52:34): AND FOR HIS FOOD ALLOWANCE A REGULAR FOOD ALLOWANCE WAS GIVEN TO HIM FROM THE KING, from the table of Evil-merodach. You also find that as long as Jehoiada lived, Joash did the will of his creator, as stated (in II Kings 12:3 [2] // II Chron. 24:2): AND JEHOASH DID WHAT WAS RIGHT IN THE EYES OF THE LORD ALL HIS DAYS AS THE PRIEST JEHOIADA INSTRUCTED HIM. (II Chron. 24:17:) NOW AFTER THE DEATH OF JEHOIADA, THE PRINCES OF JUDAH CAME {UNTO HIM} AND BOWED LOW TO THE KING. THEN THE KING HEARKENED UNTO THEM, in that he took it upon himself to make an idol. Therefore (According to vs. 24): <THE ARMY OF ARAM CAME WITH A FEW MEN….> SO THEY INFLICTED JUDGMENTS ON JOASH. Now for what was Abner punished. It was because he had made the blood of the young men an amusement (rt.: SHQ), as stated (in II Sam. 2:14): THEN ABNER SAID UNTO JOAB: PLEASE LET THE YOUNG MEN ARISE AND PLAY (rt.: SHQ) BEFORE US. SO JOAB SAID: LET THEM ARISE.⁴²The result of their “playing” was that they all killed each other. See above, Gen. 6:5; Exod. 1:24; Numb. 6:8. There are also those who say it was because he put his name before the name of David, as stated (in II Sam. 3:12): THEN ABNER SENT MESSENGERS UNTO DAVID WHERE HE WAS, SAYING: TO WHOM DOES THE LAND BELONG? But the sages say: It was because he did not [wait] for Saul to be reconciled with David. Moreover, he had the power to protest <the massacre> at Nob, the city of priests, and did not protest.

(Numb. 35:11:) “Where a killer may flee who has taken a life by mistake.” “By mistake,” and not on purpose. If someone goes and kills on purpose, then says, “It was by mistake that I killed,” and flees to [one of the] cities of refuge, the Holy One, blessed be He, says, “Even if he comes in and flees to My altar, kill him, according to what is stated (in Exod. 21:14), ‘[But when someone plots against his companion and kills him treacherously], you shall take him away [even] from My altar [for execution].’” Who was this person who fled to the altar and was killed? This was Joab, of whom it is stated (in I Kings 2:28), “When the news came to Joab,… [Joab fled unto the tent of the Lord and seized the horns of the altar].” You find that Joab was a great sage and the head of the Sanhedrin,³³Gk.: Synehedrion. as stated (in II Sam. 23:8), “one who sits in the seat of wisdom.”³⁴These words are commonly understood as the proper name, JOSHEB-BASSHEBETH, A TAHCHEMONITE, but this and other citations of the verse in rabbinic literature tend to understand the verse as translated here. See Tanh. (Buber), Gen. 4:12, and the note there; also below, Tanh. (Buber), Deut. 1:3. Cf. MQ 26b, for an interpretation that identifies this sage with David himself. [So] when he went and seized the horns of the altar, did he not know what is written in the Torah (in Exod. 21:14), “But when someone plots against his companion [and kills him treacherously, you shall take him away (even) from my altar for execution]?”³⁵yMakk. 2:7 [6] (31d); Sanh. 48b; see Makk. 12b. It is simply that [Joab] had said, “Those killed by a court of law are not buried in the graves of their ancestors but by themselves. It is better to die here, so that I may be buried with my ancestors.” (I Kings 2:30–31:) “Then Benaiah brought back word unto the king.... So the king said to him, ‘Do as he has spoken, strike him down and bury him.’” Why was he killed? Because his (Solomon's) father, David, had ordered him [to do] so (in I Kings 2:5), “Moreover, you also know what Joab ben Zeruiah did to me.” What did he do to him? You find that, when David wrote to Joab (in II Sam. 11:15), “Set Uriah in the front line [where the fighting is the fiercest]...,” he did so, and he was killed. All the army leaders assembled against Joab, as [Uriah] was the head of the warriors, as stated of him (in II Sam. 23:39), “Uriah the Hittite, [was one of all] thirty-seven [leaders].” He showed them the document. It is therefore stated (in I Kings 2:5), “What Joab ben Zeruiah] did to me.” (I Kings 2:5, cont.:) “And what he did to the two commanders of Israel's forces, to Abner ben Ner and to Amasa ben Jether, he killed them.” All of Israel had been of the opinion that David had ordered him to kill [Abner] because Abner was Saul's cousin. And for that reason David arose and cursed Joab, when he said (in II Sam. 3:29), “may the house of Joab never lack [one with a discharge, a leper, one who grasps the crutch,³⁶Modern translations commonly understand these words to mean, A MALE WHO HANDLES THE SPINDLE, but the midrash understands them in the sense given here. one who falls by the sword, and one lacking bread].” Then all Israel was appeased,³⁷Rt.: PYS. Cf. Gk.: peisai (“to have persuaded”). when they knew that there was no [authorization] from David. So David ordered his son, Solomon, to kill him, because Joab was the son of David's sister, and he sought to approach him to the world to come.³⁸If he received punishment in this world, his deed would no longer bar him from doing so. When Solomon sought to kill him, Joab said to Benaiah, “Go and tell Solomon, ‘Do not sentence me with two judgments. If you are killing me, take off from me the curses with which your father, David, cursed me; and if not, leave me with his curses.’” Immediately (in I Kings 2:31), “So the king said to him, ‘Do as he has spoken, strike him down and bury him.” R. Judah has said, “All curses with which David cursed Joab were all fulfilled in David's seed.”³⁹yQid. 1:7 (61a); cf. above, Gen. 7:7; ‘Arakh. 16a. One with a discharge [was fulfilled in] Rehoboam ben Solomon (according to I Kings 12:18 = II Chron. 10:18), “then King Rehoboam succeeded in mounting his chariot (merkavah).” It also says concerning one with a discharge (in Lev. 15:9), “And any saddle (merkav) on which the one with a discharge rides [shall be unclean].” A leper [was fulfilled in] Uzziah, of whom it is stated (in II Kings 15:5), “and he was a leper until the day of his death.” One who grasps the crutch [was fulfilled in] Asa, of whom it is written (in I Kings 15:23), “however in his old age he became diseased in his feet,” where (he became like a woman, as) gout⁴⁰Gk.: podagra; Lat.: podagra. had seized him. One who falls by the sword [was fulfilled in] Josiah, of whom it is written (in II Chron. 35:23), “Then the archers shot King Josiah.” Moreover, Rav Judah has said that his whole body was like a sieve. And Rav said, “They thrust iron lances⁴¹Gk.: longchai. into him, until they had perforated him like a sieve.” And one lacking bread [was fulfilled in] Jehoiachin, of whom it is stated (in II Kings 25:30 = Jer. 52:34), “And for his food allowance a regular food allowance was given to him from the king, from the table of Evil-Merodach.” You also find that as long as Jehoiada lived, Joash did the will of his Creator, as stated (in II Kings 12:3 // II Chron. 24:2), “And Jehoash did what was right in the eyes of the Lord all his days as the priest Jehoiada instructed him.” (II Chron. 24:17:) “Now after the death of Jehoiada, the princes of Judah came and bowed low to the king, and the king hearkened unto them,” in that he took it upon himself to make an idol. Therefore (according to vs. 24), “they inflicted judgments on Joash.” Now for what was Abner punished? It was because he had made light and an amusement (rt.: shq), the blood of the young men, as stated (in II Sam. 2:14), “Then Abner said unto Joab, ‘Please let the young men arise and play (rt.: shq) before us.’”⁴²The result of their “playing” was that they all killed each other. And there are also those who say it was because he put his name before the name of David, as stated (in II Sam. 3:12), “Then Abner sent messengers unto David where he was, saying, ‘To whom does the land belong?’” But the sages say, “It was because he did not let Saul be reconciled with David.” And our masters say, “He had the power to protest [the massacre] at Nob, the city of priests, and did not protest.”

"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...