Komentaryong Sumisipi para sa Exodo 22:19

AND THESE ARE THE ORDINANCES WHICH THOU SHALT SET BEFORE THEM. The reason [why this whole section dealing with mishpatim — civil laws — is placed here, rather than being placed after the chukim — statutes — as is the order in the commandments given at Marah],¹Above, 15:25: There He made for them ‘chock’ (a statute) ‘umishpat’ (and an ordinance). The “statutes” are the precepts for which the reasons are generally unknown. See Vol. I, p. 331. is that G-d wanted to explain to them first the civil laws. Thus we find that the first of the Ten Commandments dealt with the obligation of knowing of the existence of G-d, and the second one with the prohibition against idolatry, after which [following the giving of the Ten Commandments] He again instructed Moses, saying, Thus shalt thou say unto the children of Israel: Ye yourselves have seen that I have talked with you from heaven,²Above, 20:19. meaning that you, [Moses] should warn them again to take to heart that which they have seen, so that they will be careful to keep these precepts which I have commanded them. For Ye yourselves have seen corresponds to the commandment, I am the Eternal thy G-d;³Ibid., Verse 2. Ye shall not make with Me — gods of silver etc.⁴Ibid., Verse 20. — corresponds with Thou shalt have no other gods,⁵Ibid., Verse 3. thereby completing the subject of idolatry; likewise, And these are the ordinances corresponds to Thou shalt not covet,⁶Ibid., Verse 14. for if a man does not know the laws of house and field or other possessions, he might think that they belong to him and thus covet them and take them for himself. This is why He said, thou shalt set before them just ordinances, which they should establish amongst themselves, so that they will not covet that which does not legally belong to them. And thus did the Rabbis say in Midrash Rabbah:⁷Shemoth Rabbah 30:15. “The whole Torah depends on justice; that is why the Holy One, blessed be He, gave the civil laws directly after the Ten Commandments.” Similarly G-d explains in this section of These are the ordinances additional laws about idolatry,⁸Further, 22:19. the honor of parents,⁹Further, Verses 15 and 17. murder,¹⁰Ibid., Verses 12-14. and adultery¹¹Ibid., 22:15-16. — which are all mentioned in the Ten Commandments.
The Rabbis have explained:¹²Tanchuma Mishpatim, 6. “Before them, but not before the Canaanites.” This interpretation is based on the observation that it should have said, “which tasim lahem” (“thou shalt set for them”) just as He said, There ‘sam lo’ (He set for them) a statute and an ordinance;¹³Above, 15:25. thus since He said, which thou shalt set ‘liphneihem’ (before them), we interpret this to mean that they should be the judges, for it is with reference to a judge that this term [liphnei (before)] appears in Scripture: And both the men, between whom the controversy is, shall stand before the Eternal, ‘liphnei’ (before) the priests and the judges;¹⁴Deuteronomy 19:17. Until he stand ‘liphnei’ (before) the congregation for judgment;¹⁵Numbers 35:12. ‘liphnei’ (before) all who know law and judgment.¹⁶Esther 1:13. The Rabbis further explained: “Before them, but not before laymen.” They interpreted [the verse in this way] because with reference to the ordinances it is written: Then his master shall bring him unto ‘ha’elohim;’¹⁷Further, Verse 6. the cause of both parties shall come before ‘ha’elohim;’¹⁸Ibid., 22:8. and it is also written, and he shall give ‘biphlilim’ (as the judges determine)¹⁹Further, Verse 22. — these terms referring to judges who are experts in the law, and who had received ordination²⁰The process of investiture with judicial rights and functions. Ordination was conferred by three Sages, only one of whom himself had to be duly ordained. Ordination was valid only if both the ordainers and the ordained were in the Land of Israel. Once received in the Land of Israel, however, the authority of ordination became effective outside the Land as well. [in an unbroken chain from the time of those who had been duly ordained] by Moses our Teacher. This is why He said here that these ordinances are to be set before them, meaning before the elohim [expert, ordained judges] that He will mention further on, but not before Canaanites, and not before one who is not a judge by the standard of the Torah, such as a layman in this respect. It is forbidden to appear before such a person to act as a judge, just as it is forbidden to bring it before the Canaanites, even if he knows that this layman knows the correct law and will render him a proper decision. Even so it is forbidden for the litigant to set him up as a judge and complain before him so that he orders the other party to come to court before him, and the layman himself is also forbidden to act as their judge. Now even though the Sages have mentioned these two groups [the layman and the Canaanite] together, there is a difference between them, in that if the two litigants are willing to come before an Israelite who is a layman, and accept him upon themselves, it is permissible for them to do so, and they must abide by his decision, but to come before the Canaanites to act as judges between them, is forbidden under all circumstances, even if the Canaanite laws are in that particular case the same as our laws.

IF THERE BE FOUND IN THE MIDST OF THEE WITHIN ANY OF THY GATES WHICH THE ETERNAL THY G-D GIVETH THEE. I have already explained⁵⁶Above, 7:15; 11:32. that when he speaks of the ordinances he mentions first the judgment to be executed upon the idols or their worshippers. He states [here] within any of thy gates which the Eternal thy G-d giveth thee, not to imply that this law applies only in the Land of Israel, since one who worships idols outside the Land is also liable to stoning. The purport thereof is rather to state, “if the matter be found in one of the distant cities which G-d will give you when He will enlarge thy border⁵⁷Further, 19:8. — and it be told thee, and thou hear it,⁵⁸Verse 4 here. in whatever city you may be, you are to investigate the matter diligently and if you discover that the charge is true, you shall bring them forth to that city wherein they worshipped, and stone them.”⁵⁹Verse 5. He states that such abomination was done in Israel⁵⁸Verse 4 here. [implying that it is done within the nation rather than within the Land] in order to hold the worshipper [of the idols] culpable even outside the Land, for in the case of the apostate city he said, that such abomination is done ‘in thy midst,’⁶⁰Above, 13:15. [within the Land], but here he mentioned within any of thy gates [a term generally limited to the Land] for it refers to common events as we have explained, and then he states in Israel⁵⁸Verse 4 here. in order to teach that it is binding upon the entire [nation of] Israel [even outside the Land]. It was also necessary to state within any of thy gates in order to teach that the worshipper be stoned at the gates [of the city] in which he worshipped the idols.⁶¹Kethuboth 45b. This is [the law] in the Land, for outside the Land he is stoned at the entrance of the court where he was judged.
Now, this commandment is explanatory, since He already stated He that sacrificeth unto the gods shall be utterly destroyed,⁶²Exodus 22:19. this applying in every place and at every time. Therefore he repeated it in order to explain what must be added to the commandment, but he abbreviated regarding matters previously mentioned.
And by way of the Truth, [the mystic teachings of the Cabala], it is possible that he mentioned within any of thy gates because he stated in transgressing His covenant,⁶³In Verse 2 before us. The question is why is “the woman” mentioned in the case of idol-worship. this [transgression] being the abomination done in [the Land of] Israel.⁵⁸Verse 4 here. Scripture made it known that the covenant is in the Land of the covenant,⁶⁴Ezekiel 30:5. whereas he who lives outside the Land is as if he worshipped idols.⁶⁵Kethuboth 110b. I have already mentioned this subject.⁶⁶Leviticus 18:25.
He mentioned man or woman,⁶³In Verse 2 before us. The question is why is “the woman” mentioned in the case of idol-worship. because, due to a woman’s frivolity, she can be enticed into idol-worship through a sign or wonder done before her, the proof being the case of the women before Jeremiah.⁶⁷Jeremiah Chapter 44. Similarly, with reference to [the witchcraft of] the ov (ghost) or yide’oni (familiar spirit), Scripture mentioned or a woman⁶⁸Leviticus 20:27. because these forms of sorcery were customarily practiced by women, as He said, Thou shalt not suffer a sorceress to live⁶⁹Exodus 22:17. [even though both male and female sorcerers are equally liable].⁷⁰Sanhedrin 67a. And in the Sifre⁷¹Sifre, Shoftim 148. the Rabbis interpret that [the reason for the expression or a woman is] because, having said in the case of an inciter Certain base ‘men’ are gone out from the midst of thee,⁷²Above, 13:14. implying that this law [of the apostate city] is not the same for [the inciters if they were] women,⁷³Sifre, R’eih 93. it was necessary to explain that regarding an idol-worshipper the law is the same for man and woman.
The meaning of the expression which I have commanded not⁷⁴Verse 3. is already explained.⁷⁵Above, 4:21.

THOU SHALT HAVE NO OTHER GODS BEFORE MY FACE. Rashi wrote: “Thou shalt have no other gods. Why is this said?²⁷⁰Since it says, I am the Eternal thy God, etc., it already means, “I, am not another.” Why then does He state again, Thou shalt not have other gods before Me? It is because it says, Thou shalt not make unto thee a graven image.²⁷⁵Verse 4. From this I would only know that it is forbidden to make an idol. Whence do I know that one may not keep an idol that has already been made? Scripture therefore says, Thou shalt have no other gods.” This is indeed a Beraitha²⁷⁶See Seder Bo, Note 209. taught in the Mechilta.²⁷⁷Mechilta on the verse here. But if this is so, this verse would constitute a negative commandment in itself, being a prohibition against a person who retains an idol on his premises. [The violation thereof] does not make one liable to the death-penalty by the court. So [the question arises]: Why did He state the prohibition against keeping an idol, which makes one liable to whipping, before [He stated] the prohibition against bowing down to idols or worshipping them,²⁷⁸In Verse 5. which makes one liable to extinction [if done intentionally but with no witnesses present], or death by the court [if there were witnesses]?
In my opinion, the final decision of the Law is not in accordance with this Beraitha,²⁷⁶See Seder Bo, Note 209. for it represents the opinion of a single Sage [against the opinion of the majority]. Thus we find it taught in the Sifra:²⁷⁹Sifra, beginning of Seder Kedoshim (Leviticus, Chapter 19). On “Sifra,” See above, Note 52. “Nor make ye to yourselves molten gods.²⁸⁰Leviticus 19:4. I might think that others may make it for you. Scripture therefore says, Nor… to yourselves. From this I know only that [others may not make it] for you, but I might think that you may make it for others. Scripture therefore says, Nor make ye: not for you by others, and not by you for others. It is from here that the Rabbis have derived the principle that he who makes an idol for himself, transgresses two negative commandments: Nor make ye, and Nor… to yourselves. Rabbi Yosei says, ‘He transgresses three negative commandments: Nor make ye, Nor… to yourselves, and also Thou shalt have no other gods.’” Thus you see that Rabbi Yosei’s opinion is that of one against a majority, for it is he who says that the verse Thou shalt have no other gods constitutes a prohibition against retaining an idol [in one’s house]. However, according to the opinion of the first Sage, [which is that of the majority of the Rabbis], it is not so.
The correct interpretation even according to the literal meaning of Scripture is that the usage of the language of the verse here is similar to the expressions: and the Eternal shall be my G-d;²⁸¹Genesis 28:21. to be your G-d.²⁸²Leviticus 11:45. The verse here thus states that excepting the Eternal only, we are not to have others as gods, neither from all the angels above nor from all the host of heaven who are called elohim. This is something like that which is said, he that sacrificeth ‘la’elohim’ (unto the gods) save unto the Eternal only, shall be utterly destroyed.²⁸³Further, 22:19. It is thus a prohibition against believing in any of these beings, accepting them as gods, or saying to them, “thou art my god.”²⁸⁴See Psalms 140:7 and Sanhedrin 60b. This is also the opinion of Onkelos, who translated: “[thou shalt have no] other gods excepting Me.”²⁸⁵Ramban’s intent is evidently as follows: Since Onkelos always translated elohim acheirim as ta’avath am’maya (the deceptions of the nations) — see e.g., further, 23:13 — and here he translated, ela acharan (other gods), it shows that he referred to the angels of above, etc.
Know that wherever Scripture says elohim acheirim, the meaning is “others besides the Glorious Name.” It uses this expression with reference to accepting G-d or worshipping Him, thus saying: “Do not accept them upon yourselves as G-d, with the exception only of the Eternal.” But when Scripture speaks of making idols, it will never say acheirim (others) — [“other gods”] — Heaven forbid!²⁸⁶“When speaking of accepting or worshipping G-d, Scripture could say, ‘Do not accept or worship any other god besides the Eternal.’ But when Scripture warns against making an idol, how could it say [that we are] not to make ‘other gods’ when it is G-d Who has made everything and Who was not made!” (Tur.) Instead it says, Nor make to yourselves molten gods;²⁸⁰Leviticus 19:4. Molten gods do not make unto thee.²⁸⁷Further, 34:17. They are called [gods] because they were made with the intent of serving their makers as gods, but in reference to them, Scripture says, For they were no gods, but the works of men’s hands, wood and stone; therefore they have destroyed them.²⁸⁸Isaiah 37:19.
Thus in the second commandment, He admonished us firstly that we should not accept upon ourselves a master from among all gods excepting the Eternal. He then said that we should not make a graven image or any manner of likeness, [and we are not] to bow down to them or worship them in any manner whatsoever. It is for this reason that He said, Thou shalt not bow down unto them,²⁸⁹Verse 5. The intent of Ramban’s words is as follows: According to his own interpretation that this entire second commandment is directed against worshipping idols, we can understand why it says here in Verse 5, Thou shalt not bow down ‘to them’ and it does not say ‘other gods,’ because the purport of that verse is to be understood in connection with the preceding verse: “do not make a graven image, etc., to bow down ‘unto them.’” But according to Rashi, who interpreted Thou shalt have no other gods (Verse 3) as being a prohibition against keeping an idol, and Thou shalt not make unto thee, etc., (Verse 4) as being a prohibition against making idols, Verse 5 should have said, “Thou shalt not bow down ‘to other gods,’” since the subject of worshipping the idols as gods is here mentioned for the first time. since it is connected with the making [of idols — mentioned in the preceding verse] — which He prohibited the people from bowing down to them. Thus all [of the first three verses in this second commandment] constitute prohibitions against worshipping idols, and their violations all entail death by the court. This verse, [i.e., Thou shalt not make unto thee a graven image, etc. (Verse 4)], is thus not a prohibition against making idols which one does not worship oneself, [as Rashi would have it]. Further on [in Verse 20], He indeed warns against this, as it is said, gods of silver, or gods of gold, ye shall not make unto thee. Similarly, Thou shalt not make unto thee molten gods,²⁸⁷Further, 34:17. Ye shall not make unto thee idols.²⁹⁰Leviticus 26:1.