“These are the ordinances that you shall place before them” (Exodus 21:1). “These are the ordinances [hamishpatim],” that is what is written: “The might of the King is that He loves justice [mishpat]” (Psalms 99:4). When is might ascribed to the Holy One blessed be He? When He executes judgment upon the idolaters. Thus you find regarding the wicked Nebuchadnezzar that because he boasted and said: “Is this not the great Babylon?” (Daniel 4:27), the Holy One blessed be He said to him: ‘Wicked one, putrid discharge, you boasted and said: Due to the greatness of my might and in honor of my splendor. Do you not know that everything is Mine; greatness is Mine, might is Mine, honor is Mine, and splendor is Mine?’ Likewise, David said: “Yours, Lord, is the greatness, and the might, and the splendor, and the triumph, and the glory” (I Chronicles 29:11). And it says: “The Lord my God, You have become exceedingly great” (Psalms 104:1). The Holy One blessed be He said to Nebuchadnezzar: ‘The limited royalty that has been given you is from Me.’ Likewise Daniel said to him: ‘“To whom the God of the heavens has given the kingdom, the power, the strength, and the glory” (Daniel 2:37), and you said: Due to the greatness of my might and in honor of my splendor?’ That is, “the might of the King is that He loves justice.” The might belongs to the King of kings, the Holy One blessed be He. He loves justice and He gave it to Israel who are His beloved. That which is written: “You established equity [meisharim]” (Psalms 99:4); You established uprightness [yashrut] for Your beloved as, by means of the ordinances that You gave them, when they enter into disputes with one another they come to judgment and make peace. Israel said before the Holy One blessed be He: ‘Master of the universe, until when will You refrain from executing justice upon the idolaters?’ He said to them: ‘Until their time will arrive to be harvested,’ as it is stated: “On that day, sing about it: a vineyard of wine” (Isaiah 27:2). Does a person pick his vineyard before it ripens? Rather, after it ripens, he picks it, places it into the wine press, stomps it, and sings, and [his fellows] answer after him. Thus the Holy One blessed be He said to Israel: ‘Wait for Me until the time of Edom will arrive, and I will stomp it, as it is stated: “I will cast my shoe at Edom” (Psalms 60:10). I will open for you and you will answer after Me.’ That is why it is stated: “Sing about it: a vineyard of wine.” ‘“I, the Lord, guard it; every moment I water it” (Isaiah 27:3). It is I who guards it in order to give it many [bitter] cups to drink, as it is stated: “Every moment I water it.” If I come to look at them, I will eliminate them from the world. However, “I have no fury” (Isaiah 27:4), like they become filled with fury against My children. Rather, what do I do to them? “I would trample and ignite them together” (Isaiah 27:4).’1God is saying: Although Edom immediately acts with fury against My children, I do not do so against them. I wait for them, until their measure of sin is full, but then I will trample them and set them on fire. Rabbi Levi said: The Holy One blessed be He said to the idolaters: ‘Israel is Mine,’ as it is stated: “For the children of Israel are servants to Me” (Leviticus 25:55). ‘Fury is Mine,’ as it is stated: “The Lord is vengeful and filled with fury” (Nahum 1:2). ‘You become filled with what is Mine,2Fury. against what is Mine,’ as it is stated: “If only I were given thorns and thistles in war” (Isaiah 27:4).3This is not cited as proof of the preceding statement but as a consequence; God says that He will, eventually, light the idolaters on fire like thorns and thistles. The Rabbis say: The Holy One blessed be He said to them: ‘If I alter [meshaneh] My attribute of justice,4If I stop having patience with sinners. I will eliminate them with one lightning bolt [barak], as it is stated: “If I hone [shanoti] My flashing [berak] sword” (Deuteronomy 32:41). But what do I do? “My hand will grasp judgment”’ (Deuteronomy 32:41).5God says: I will continue My general course of judgment, which involves delaying judgment for sinners. Likewise it says: “He will grasp My stronghold [bema’uzi]” (Isaiah 27:5). Ma’uzi means nothing other than justice, as it is stated: “The might [oz] of the King is that He loves justice” (Psalms 99:4). The Holy One blessed be He said to Israel: ‘Just as I could violate justice for the idolaters, but I do not violate it, but rather grasp justice, so you shall not go outside the bounds of justice, as it is stated: “These are the ordinances [mishpatim].”
What is written prior to the matter: “You shall not ascend on stairs to My altar, [so that your nakedness will not be exposed upon it]” (Exodus 20:23). And it is written: “And these are the ordinances.”6These verses appear consecutively in the Torah, although the division of the text into chapters separates them into separate chapters. What does this matter have in common with that? Was the nakedness of the priests exposed? But is it not written: “Make for them linen trousers to cover the flesh of their nakedness”? (Exodus 28:42). Rather, Rabbi Avina said: Just as the Holy One blessed be He cautioned the priest to refrain from taking large steps atop the altar; rather, they should walk with measured steps,7The text here reads literally “heel next to toe.” so, the Holy One blessed be He cautioned the judges that they should not take large steps in judgment.8They should skip no steps and make no unfounded assumptions in reaching their judgment.
Another matter, “these are [ve’eleh] the ordinances,” Rabbi Abahu said: Every place where ve’eleh is written, it adds to the previous matter, and every place that eleh is written it rejects the previous matter. How so? “This is [eleh] the legacy of the heavens and the earth on the day that they were created” (Genesis 2:4). What did it reject? He had been creating heavens and earth and examining them. They were not pleasing to Him, and He would restore them to emptiness and disorder. When He saw this heavens and earth, they were pleasing to Him. He said: “This is the legacy of the heavens and the earth,” but what came before was not a legacy. Similarly, “this is [eleh] the legacy of Noah” (Genesis 6:9). What did it reject? It rejected the generation of Enosh, the generation of the Flood, and Keinan and his counterparts. Therefore it says: “The sons of Yefet, Gomer and Magog” (Genesis 10:2).9The Torah enters into great detail when enumerating the descendants of Noah, but not with the preceding generations. Similarly, “this is [ve’eleh] the legacy of Ishmael son of Abraham” (Genesis 25:12), adds to the previous matter. Who are they? What is written beforehand, as it is stated: “She bore him10Ketura bore for Abraham. Zimran and Yokshan” (Genesis 25:2). Here, too, “this is [ve’eleh] the legacy of Ishmael son of Abraham…the firstborn of Ishmael is Nevayot” (Genesis 25:12–13). They were wicked like them.11The sons of Ishmael were wicked like the sons of Ketura. Similarly, “this is [ve’eleh] the legacy [toledot] of Isaac son of Abraham” (Genesis 25:19) adds to the previous matter, to what was written beforehand: “The sons of Ishmael” (Genesis 25:16). Who was it? It was Esau and his sons, for he was a son of Isaac. If so, it may be said that since only “this is [ve’eleh]the legacy” is written, Jacob, too, who was part of the legacy of Isaac, is included with Esau? You find that every [time the word] toledot appears in the Bible it is written defectively,12It is written without a vav between the tav and lamed or without a vav between the dalet and the tav. except for: “This is the legacy [toledot] of the heavens and the earth” (Genesis 2:4), and “this is the legacy [toledot] of Peretz” (Ruth 4:18). And there is a compelling reason why it says: “This is the legacy [toledot] of the heavens and the earth” in full. It is because the Holy One blessed be He created His world and there was no angel of death in the world. That is why it is complete. When Adam and Eve sinned, the Holy One blessed be He minimized all the toledot in the Bible. When Peretz arose, his toledot became full, because the Messiah will emerge from him, in whose days the Holy One blessed be He will eliminate death, as it is stated: “He will eliminate death forever” (Isaiah 25:8). That is the reason that toledot of the heavens and earth and toledot of Peretz are full. This is the reason that toledot of Isaac is defective, to exclude Jacob from the category of the wicked.13The Messiah can also be traced back to Jacob, and therefore the word toledot should have been written regarding Isaac with the vav. It is written without the vav as an indication that it is referring only to Esau and not to Jacob. Similarly, “this is [eleh] the legacy of Jacob” (Genesis 37:2), it rejected the chieftains of Esau. Similarly, “these are [ve’eleh] the names of the children of Israel” (Exodus 1:1), adds to the previous matter. Who were they? Those who were written beforehand: The children of Reuben and the children of Simeon.14This is a reference to the listing of the descendants of Jacob who came down to Egypt (see Genesis 46:8–27). Similarly, “this is [ve’eleh] the legacy of Aaron” (Numbers 3:1) adds to the previous matter. Who were they? Those who were written beforehand: “These are the counted, that Moses and Aaron…counted” (Numbers 1:44). Just like those beforehand were righteous, so, too, these were righteous.15Although the verses regarding Aaron proceed to list Nadav and Avihu, who were killed due to the offering of a strange fire before God (see Numbers 3:2–4), on the whole they were still considered righteous. Here, too, “these are [ve’eleh] the ordinances” adds to the previous matter, that which was written beforehand: “There He instituted for it statutes and ordinances” (Exodus 15:25). Another matter, “these are [ve’eleh] the ordinances.” What is written before this portion? “They shall judge the people at all times” (Exodus 18:22). And it says here: “These are the ordinances,” and the [Ten] Commandments are in the middle. This is analogous to a noblewoman who was walking, an armed guard on this side and an armed guard on that side, and she was in the middle. So, too, the [giving of the] Torah had justice before it and justice after it and it was in the middle. Likewise it says: “I walk on the path of righteousness” (Proverbs 8:20). The Torah says: In which path do I walk? I will walk in the path of those who perform righteousness. “In the midst of the paths of justice” (Proverbs 8:20), the Torah in the middle and justice before it and after it; before it, as it is stated: “There He instituted for it statutes and ordinances,” justice after it, as it is stated: “These are the ordinances.”
Another matter, “these are [ve’eleh] the ordinances.” There were three matters to which Moses devoted his life, and they are called by his name. These are: Israel, the Torah, and the laws. Israel, how much he suffered on their account, and they were called by his name, as it is stated: “He remembered the days of old, Moses, his people” (Isaiah 63:11). Torah, as it is stated: “Remember the Torah of Moses My servant” (Malachi 3:22). The laws, as it is stated: “These are the ordinances that you shall place before them.” Likewise, Esther devoted her life on behalf of Israel and they were called by her name, as it is stated: “To plead with him on behalf of her people” (Esther 4:8).
Come and see how excellent this portion is. How many sections are in it, and how many prohibitions the Holy One blessed be He cautioned Israel in this portion: “If you purchase a Hebrew slave” (Exodus 21:2); “if a man sells his daughter as a maidservant” (Exodus 21:7); “one who strikes his father” (Exodus 21:15). What does this matter have in common with that? The Holy One blessed be He said to Israel: ‘I acquired you in Egypt with the ten plagues that I displayed, as it is stated: “Wondrous are Your works; I know this well” (Psalms 139:14).16The previous verse in Psalms states: “For you have formed [kanita] my innermost parts.” The word kanita can also be translated “you have acquired.” Thus, the midrash is interpreting these two verses to mean that God has acquired us through His wondrous works, i.e. the ten plagues, which are referred to as wonders (see Exodus 3:20). Just as you are commanded not to enslave your brother more than six years,17Some suggest that the text should read: Just as you are commanded to work six days and rest on the seventh (Yefe Toar). as I created the world in only six days; therefore, I granted you six years that you are permitted to enslave a Hebrew slave. “If a man sells his daughter as a maidservant,” I had one daughter18The Torah. and I sold her to you so that you do not take her out, but rather she is stored in the Ark. “She shall not be released like the release of the slaves” (Exodus 21:7). Treat her with respect, as you took her captive from Me, as it is stated: “You ascended on high; You took captives”’ (Psalms 68:19). Likewise, David praises: “Halleluya, for it is good to sing to our God, for it is pleasant” (Psalms 147:1).19The penultimate verse of the psalm states: “He declares His word to Jacob, His statutes and His ordinances to Israel” (Psalms 147:19). The midrash thus asserts that the reason it is good to sing to God is because of the laws of the Torah. Rabbi Shmuel says: The Holy One blessed be He cautioned them regarding lenient matters with stringent matters, as there are many prohibitions here. For example, “one who strikes his father or his mother [shall be put to death]” (Exodus 21:15). The Holy One blessed be He said: ‘Ham, father of Canaan did not strike, but merely saw, and now he and his descendants are slaves forever,20Ham saw the nakedness of his father, Noah, and as a result was cursed with everlasting servitude (see Genesis 9:22–25). one who curses or strikes all the more so.’ Who were they?21Which Israelites are compared to people who were guilty of improperly treating their father, i.e. God. These were the Ten Tribes, who did not want to place upon themselves the yoke of the Holy One blessed be He, and Sennacheribcame upon them and exiled them. This is analogous to a king who had ten sons and they rebelled against him, and they annulled ten of his royal edicts. He said to them: ‘Just as you annulled what is mine, so I will send a fly and exact retribution from you.’ So too, the Ten Tribes rebelled against the Holy One blessed be He and nullified the Torah, as it is stated: “They denied the Lord, and they said: It is not Him” (Jeremiah 5:12). He brought the fly upon them, as it is stated: “The Lord will whistle for the fly” (Isaiah 7:18), this is Sennacherib. If Israel nullified the mitzvot it is as though they are cursing their father and mother. Father is no one other than the Holy One blessed be He, as it is stated: “Now, Lord, You are our Father” (Isaiah 64:7). Mother is the Torah, as it is stated: “Do not forsake the Torah of your mother” (Proverbs 1:8). And she raises you at Sinai, as it is stated: “I have instructed you [horeitikha]22Horeitikha is expounded as an allusion to pregnancy [herayon]; the Torah is its mother. in the way of wisdom” (Proverbs 4:11).
“If men fight and they strike a pregnant woman and her children are miscarried, but there is no fatality, he shall be fined; as the husband of the woman shall impose upon him, he shall give in court” (Exodus 21:22). “But if there will be a fatality, you shall give a life for a life” (Exodus 21:23). Come and see how much the Holy One blessed be He commanded in this portion regarding each and every matter, as it is stated: “If men fight and they strike a pregnant woman” (Exodus 21:22). If she dies, “you shall give a life for a life” (Exodus 21:23), but if she does not die, he is punished with a monetary payment. Until this point, he has not seen the light, but rather, is in his mother’s womb, as the Torah cautions Israel regarding each and every matter.23If the woman miscarries, since the fetus had not been born there is no death penalty for the attacker, but nonetheless the Torah provides a punishment. This is analogous to a prince whose father cautioned him not to collide with anything and get injured, as he is so dear to him, the apple of his eye. So too, the Holy One blessed be He cautioned Israel regarding the mitzvot. Why? Because they are more dear to Him than the angels, as it is stated: “You are children to the Lord your God” (Deuteronomy 14:1). Likewise, David said: “Lord our God, You answered them. You were a forgiving God to them, but You took vengeance for their misdeeds [alilotam]” (Psalms 99:8).24Because You elevated them due to Your love for them, you punish them even for harming fetuses [olalim] in their mothers’ wombs.
“If a man steals an ox or a sheep and slaughters it or sells it, he shall pay five cattle for the ox and four sheep for the sheep” (Exodus 21:37). Rabbi Yehuda says: Israel said to the Holy One blessed be He: ‘There are many laws of mitzvot here. “If a man steals an ox,” because we stole an ox and crafted a calf,25The midrash asserts that when God revealed Himself on Sinai He descended in the heavenly chariot, which is drawn by four creatures, one of which resembles an ox. The Israelites fashioned the golden calf after this form on the divine chariot (see Shemot Rabba 3:2; 48:6). Thus, the sin of the golden calf is compared to theft, as though they stole the ox from the heavenly chariot (Yefe To’ar). therefore, we paid fivefold for it, as our fathers died in the wilderness because of it.26Although the punishment was administered for the sin of the spies, it included punishment for the sin of the golden calf as well. “And four sheep for the sheep,” the four kingdoms that have ruled over us.27Thus, Israel paid fourfold and fivefold for the sin of the golden calf. And for abducting Joseph, we spent four hundred years enslaved in Egypt.28Joseph is referred to as a flock (see Psalms 80:2). The four hundred years are considered as having paid fourfold for his abduction. Why for the ox does one give fivefold, and for the sheep he gives only fourfold? For the ox he gives fivefold because he takes it out in public. This is analogous to two who went up to the podium for judgment, one who sold the son of a prince and one who cast a stone at a statue of the prince. The one who cast the stone at the statue of the prince received five harsh lashes, and the one who sold the son of the prince paid four hundred to his master.29Although the one who abducted and sold the prince committed an act that was inherently more severe, the individual who threw the stone received the harsher punishment. This was because his act was performed in public and therefore constituted a greater denigration to the honor of the prince. That is why it is written: “Five cattle” (Exodus 21:37). David said: “Do not enter into judgment with Your servant” (Psalms 143:2).
“You shall not afflict any widow or orphan” (Exodus 22:21). “You shall not afflict any widow or orphan.” Rabbi Yosei says: Why does God love orphans and widows? It is because their eyes are directed exclusively to Him, as it is stated: “Father of orphans, Judge of widows” (Psalms 68:6). Therefore, anyone who robs them, robs the Holy One blessed be He, as He is their Father in Heaven, and He becomes angry with him, as it is stated: “My wrath will be enflamed and I will kill you” (Exodus 22:23). This is analogous to the daughter of kings who sinned against her father and he banished her.30This translation is based on an emendation to the Hebrew text accepted by many commentaries (see Yefe To’ar; Rabbi David Luria; Maharzu). She had children and she cast them upon him and left. When [the king] would see them, it was as though he would see his daughter before him. If anyone would touch them, [the king] would exact retribution against him. So too, Israel was in Zion and the Holy One blessed be He was resting in their midst, as it is stated: “This is My resting place forever” (Psalms 132:14). When they sinned, He banished them, and they cast their children upon Him, as it is stated: “We have become orphans, with no father; our mothers are like widows” (Lamentations 5:3). When He sees Israel performing mitzvot, He regrets what He did in Zion and seeks merit for it, as it is stated: “I have returned to Zion, I will dwell in the midst of Jerusalem” (Zechariah 8:3). Likewise David said: “Return, Lord, our captives” (Psalms 126:4).31This is expounded to mean that the Lord should return His presence to Zion while He is returning the Jewish captives.
Another matter, “these are the ordinances” (Exodus 21:1), that is what is written: “He declares His words to Jacob” (Psalms 147:19); these are the commandments, “His statutes and ordinances to Israel” (Psalms 147:19); these are the ordinances. Because the attributes of the Holy One blessed be He are unlike the attributes of flesh and blood. The attribute of flesh and blood is that he instructs others to perform, but he does not perform anything. The Holy One blessed be He is not so. What He performs, He says to Israel to perform and to observe. There was an incident involving Rabban Gamliel, Rabbi Yehoshua, Rabbi Elazar ben Azarya, and Rabbi Akiva, who went to Rome and expounded: ‘The ways of the Holy One blessed be He are unlike flesh and blood, as they issue an edict and say to others to perform, but the Holy One blessed be He is not so.’ There was a particular heretic there. After [the audience] departed, he said to [the rabbis]: ‘Your words are nothing but falsehood. Did you not say that God says and performs? Why does He not observe Shabbat?’32God brings rain, makes the wind blow, the heavenly bodies pass through the sky, and all of these violate the prohibition of carrying from one domain to another or within a public domain on Shabbat (Etz Yosef). They said to him: ‘Wicked one of the world, is a person not permitted to carry within his courtyard on Shabbat?’ He said to them: ‘Yes.’ They said to him: ‘The upper and lower realms are the courtyard of the Holy One blessed be He, as it is stated: “The entire world is filled with His glory” (Isaiah 6:3). And is it not so that even if a person is in a [location where it is] forbidden [to carry]33The public domain. he may carry a distance equivalent to his height?’34One may carry an object in the public domain a distance less than four cubits. He said to them: ‘Yes.’ They said to him: ‘It is written: “Do I not fill the heavens and the earth?”’ (Jeremiah 23:24). Another matter, “He declares His words to Jacob” (Psalms 147:19); Rabbi Abahu said in the name of Rabbi Yosei bar Rabbi Ḥanina: This is analogous to a king who had an orchard and he would plant in it all kinds of trees. Only he would enter it, as he guarded it. When his sons came of age, he said to them: ‘My sons, I have been guarding this orchard and I have not allowed any person to enter into it. You shall guard it in the manner that I have guarded it.’ So too, God said to Israel: ‘Before I created this world, I established the Torah,’ as it is stated: “I was with Him as a nursling [amon]” (Proverbs 8:30). What is amon? It is a nurse [omen], as it is stated: “As a nurse [omen] carries a nursing child” (Numbers 11:12). ‘I did not give it to any of the idolaters, but only to Israel,’ as once Israel stood and said: “Everything that the Lord has spoken we will perform and we will heed” (Exodus 24:7), He immediately gave them [the Torah]. That is, “He declares His words to Jacob, His statutes and ordinances to Israel. He did not do so with any other nation” (Psalms 147:19–20), but to whom? To Jacob, whom He chose over all the idolaters. He gave [the other nations] only a few [commandments]. He gave Adam six mitzvot.35The six were: The prohibition of idol worship; the prohibition of murder; the prohibition of incest and adultery; the prohibition of robbery and kidnapping; the prohibition of blasphemy; the obligation to establish courts of law. He added one for Noah;36He added the prohibition against eating a limb from a living animal. for Abraham, eight,37He added the mitzva of circumcision. for Jacob, nine.38He added the prohibition against eating the sciatic nerve of an animal. But to Israel, He gave them everything. Rabbi Simon said in the name of Rabbi Ḥanina: This is analogous to a king who had a table set before him with types of cooked dishes. His servant entered and he gave him a piece. The second, he gave him an egg. The third, he gave him a vegetable, and likewise to each and every one. When his son entered, he gave him the entire table that was before him. He said to him: ‘To each of them I gave one portion, but I have placed everything in your possession.’ So too, the Holy One blessed be He gave to the idolaters only a few mitzvot. But when Israel arose, He said to them: ‘The whole Torah in its entirety is for you,’ as it is stated: “He did not do so with any other nation.” Rabbi Elazar said: This is analogous to a king who went out to war and his legions were with him. He would slaughter an animal and would distribute to each and every one of them a portion, for him to toil in its preparation. His son looked and said to him: ‘What are you giving me?’ He said to him: ‘From what I prepared for myself.’ Therefore, the Holy One blessed be He gave the idolaters crude mitzvot,39These mitzvot were given to the nations but their details were not defined; that was left for the nations to figure out. Alternatively, He gave them rudimentary mitzvot only. in which they would toil.40They would need to toil to define them. He did not distinguish for them between ritual impurity and purity. Israel came and He explained each and every one of the mitzvotto them, its punishment and its reward, as it is stated: “May he kiss me with the kisses of his mouth” (Song of Songs 1:2). That is why it says: “His statutes and His ordinances to Israel.”
Another matter, “these are [ve’eleh] [the ordinances],” what is ve’eleh? Come and see how much the Holy One blessed be He loved Moses. When Datan and Aviram demeaned him in Egypt, as they said to him: “Who appointed you to be a leader and a judge over us?” (Exodus 2:14), the Holy One blessed be He said to them: ‘With what you demeaned him, I will grant him greatness,’ as it is stated: “These are [ve’eleh]the ordinances.”41The midrash asserts that it was Datan and Aviram who demeaned Moses by saying: “Who appointed you [samkha] to be a leader and a judge [shofet] over us?” Moses received greatness in that he was the one to whom the verse: “These are the ordinances that you shall place [tasim] before them” was said. This is implied by the term ve’eleh, because the vav at the beginning of the word implies a connection to what had occurred earlier (see Shemot Rabba 30:3), and by the use of the term “place” [tasim], which is from the same root as “appointed you” [samkha]. Another matter, “these are the ordinances,” Moses heard Yitro say: “You shall identify from all the people [capable men, fearers of God, men of truth, haters of ill-gotten gain]” (Exodus 18:21). He said to him four attributes, but he found only one, as it is stated: “Moses selected capable men” (Exodus 18:25) and he appointed them judges over Israel. The Holy One blessed be He said to him: ‘I gave you [the duty of] judgment and you appointed others who do not know;42They do not know the laws and do not have all the necessary qualities to be ideal judges. you go and teach them.’ As it is stated: “These are the ordinances [that you shall place before them].”
Another matter, “these are [ve’eleh] the ordinances.” “It was on the third day when it was morning” (Exodus 19:16), in the morning the Torah was given, and in the evening the ordinances were given.43The vav at the beginning of ve’eleh links the ordinances in the upcoming passage to the previous portion, in which the Torah was given. The midrash understands this to mean that they were given on the same day. That is what is written: “From morning to evening they are broken; [forever unaware, they perish]” (Job 4:20).44The wicked are punished due to their having ignored the Torah, which was given in the morning, and the ordinances, which were given in the evening. This is analogous to two men who went to court,45This translation is based on Etz Yosef; see also Matnot Kehuna. one was a professional [lawyer] and one was a layman. What caused the layman to be punished? It is that he had no one to teach him. So too, the Holy One blessed be He was standing on Mount Sinai and was holding back judgment, as it is stated: “My hand grasps judgment” (Deuteronomy 32:41). David said: “Judge me, Lord, in accordance with my righteousness” (Psalms 7:9). He checked, but he did not find anyone to teach him,46He believed that he was righteous because there was no one to teach him the parameters of the divine attribute of justice. and he was punished. He began shouting: “Do not enter into judgment with Your servant” (Psalms 143:2). When was all this? It was before he organized the ordinances for himself, to realize what is stated: “From morning to evening they are broken; [forever unaware [mesim], they perish]” (Job 4:20).47The term mesim is taken as an allusion to the ordinances, of which it is stated: “These are the ordinances that you shall place [tasim] before them.” Thus, the punishment is due to an insufficient knowledge of the ordinances, and of the extent to which an individual is held accountable in the Divine process of judgment. Another matter, “these are the ordinances.” What is: “Forever unaware, they perish”? (Job 4:20). Job said to the Holy One blessed be He: “If only I could know and find Him…I would organize my case before Him” (Job 23:3–4). This is analogous to a ruffian who was intoxicated. He kicked the prison [door] and freed the prisoners. He stoned the statue of the governor of the city, cursed a policeman, and said: ‘Show me the place where the governor of the city is located and I will teach him justice.’ He entered; they showed him the mayor of the city sitting on the podium. [The governor] incarcerated a noblewoman and expelled a city official, blinded a duke, sentenced a judge, and placed a magistrate in stocks. When [the ruffian] saw the governor of the city doing so, he was afraid. He said: ‘I implore you, I was intoxicated and was unaware of the power of the governor of the city.’ So too, Job was standing and screaming: “If only I could know and find Him…I would organize my case before Him.” He stoned the image, as he said: “Perish the day I was born” (Job 3:3).48Man is created in the image of God. By cursing the day of his birth, it was as though Job stoned the image of God. He kicked the prison and freed prisoners: “Let the stars of its twilight be dark” (Job 3:9).49The stars are like prisoners imprisoned in darkness. He cursed the officer: “May that night be taken by blackness” (Job 3:6).50Night is viewed as an officer in charge of darkness (see Bereishit Rabba 3:6; Maharzu). He saw the king sitting on the podium. [The King] incarcerated the noblewoman: “Behold, Miriam is leprous as snow” (Numbers 12:10). He expelled Moses: “Therefore, you will not bring this congregation [into the land which I have given them]” (Numbers 20:12). He blinded the duke, this is Isaac, as it is stated: “His eyes were dimmed from seeing” (Genesis 27:1). He sentenced Abraham, as it is stated: “Know that your descendants will be strangers” (Genesis 15:13). He placed Jacob in stocks: “He was limping on his thigh” (Genesis 32:32). When Job saw, he said: ‘I implore You, I was intoxicated,’ as it is stated: “Indeed I erred, my error rests with me’ (Job 19:4). Why to that extent? It is because they did not know the power of judgment.51They did not understand how exacting Divine judgment is. That is, “forever unaware, they perish.”
Another matter, “these are the ordinances,” that is what is written: “He declares His words to Jacob” (Psalms 147:19). One time, Aquila said to the emperor Hadrian: ‘I wish to convert and to become a Jew.’ He said to him: ‘That nation you wish [to join]? How much have I demeaned it, how much of its [people] have I killed! You wish to intermingle with the lowliest of nations. What did you see in them that you wish to convert?’ He said to him: ‘The least among them knows how the Holy One blessed be He created the world, what was created on the first day and what was created on the second day. How long it has been since the world was created and upon what does the world stand. And, their Torah is truth.’ He said to him: ‘Go study their Torah, but do not circumcise yourself.’ Aquila said to him: ‘Even the wisest man in your kingdom or a one-hundred-year-old elder is unable to study their Torah if he is not circumcised,’ as it is written: “He declares His words to Jacob, His statutes and ordinances to Israel. He did not do so with any other nation” (Psalms 147:19–20). But with whom? With the children of Israel.
Another matter, “these are the ordinances,” that is what is written: “A king upholds the land with justice” (Proverbs 29:4), this is the Holy One blessed be He, who created His world with justice, as it is stated: “In the beginning, God created” (Genesis 1:1). “The Lord created” is not stated, but rather “God created.” It does not say: ‘The Lord said: Let there be a firmament,’ but rather, “God” (Genesis 1:6). The same is true of all of them.52In each stage of creation, the verses refer to “God” rather than “the Lord.” According to the midrash, verses employ the name “God” when He acts with the attribute of justice, and “the Lord” when He acts with the attribute of mercy (see, e.g., Bereishit Rabba 12:16). Likewise, David said: “For God is Judge” (Psalms 50:6), to teach you that the world was created with justice. “But a man of donations [terumot] will destroy it” (Proverbs 29:4); this is Adam. Just as it is the way of a woman when she seeks to separate her ḥalla, she kneads the flour and then takes ḥalla, so God did. He kneaded the world and then took Adam, as it is stated: “Mist would ascend from the earth” (Genesis 2:6), and then: “[The Lord God] formed [man of the dust of the ground]” (Genesis 2:7).53The comparison here is based on the fact that ḥalla is also referred to as teruma; see Numbers 15:20). When he sinned, God said to him: “The land is cursed because of you” (Genesis 3:17). That is why it is stated: “But a man of donations [will destroy it].” Another matter, “a king upholds the land with justice,” this is Yehoshafat, as it is stated: “Yehoshafat said to the judges: Consider what you are doing” (II Chronicles 19:6). “But a man of donations will destroy it,” this is a Sage who knows halakhot, midrash, and agadot, and an orphan and a widow go to him so that he will implement justice for them, and he says to them: ‘I am preoccupied with my studies, I am not available.’ God says to him: ‘I consider it as though you destroyed the world.’ That is why it says: “But a man of donations [terumot] will destroy it.”54Such a Sage is referred to as a man of terumot because he is involved in endeavors that are sacred, just as teruma is sacred, and he removes [merim] himself from involvement in justice. Another matter, “a king upholds the land with justice,” this is Israel, as it is stated: “You shall be for Me a kingdom of priests” (Exodus 19:6). “But a man of donations [terumot] will destroy it,” this is the generation of the flood, which did not implement justice.55They separated [herimu] themselves from justice. See what is written in their regard: “They drive the donkey of orphans…. They turn the indigent from the way” (Job 24:3–4). Rabbi Aḥa said: The Holy One blessed be He sought to give them four matters: Torah, suffering, the rite of offerings, and prayer, but they did not seek it, as it is stated: “They say to God: Turn away from us” (Job 21:14), this is the suffering. “We do not desire the knowledge of Your ways” (Job 21:14), this is Torah. “What is the Almighty that we should worship Him?” (Job 21:15), these are the offerings. “What good will it do if we encounter Him?” (Job 21:15), this is prayer. The Holy One blessed be He said to them: ‘What caused you to be eliminated from the evening of this world and from the morning of the World to Come?56This world is compared to evening or night, and the World to Come is compared to morning. It is because you did not accept the Torah in which there is justice,’ as it is stated: “From morning to evening they are broken” (Job 4:20). Why? “Forever unaware [mesim], they perish” (Job 4:20), and mesim is nothing other than justice, as it is stated: “These are the ordinances that you shall place [tasim] before them.”
Another matter, “these are the ordinances.” David said: “Fear of the Lord is pure, it endures forever” (Psalms 19:10). How is this so? You find that a person may study midrash, halakhot, and agadot, but if he does not have fear of sin, he has nothing. This is analogous to a person who says to another: ‘I have one thousand measures of grain and one thousand of wine.’ The other said to him: ‘Do you have storehouses in which to place them? If you have that, you have everything. If not, you have nothing.’ So it is with a person who studies everything. It is said to him: ‘If you have fear of sin, you have everything,’ as it is stated: “The faithfulness of your times [will be the strength of salvation, wisdom and knowledge]; fear of the Lord, that is His treasure” (Isaiah 33:6).57There is an allusion to the six orders of the Mishna in the first part of the verse (see Shabbat 31a), but it concludes with the fear of God characterized as His treasure. The word used here for treasure [otzar] may also be translated as storehouse. That is why it is stated: “Fear of the Lord is pure.” And the prophet screams: “Zion will be redeemed with justice and its returnees with righteousness” (Isaiah 1:27).58Some suggest that this sentence does not belong here in the text; see Rabbi David Luria; Etz Yosef.
Another matter, “these are the ordinances,” that is what is written: “For Solomon. Endow the king with Your justice, God…May he judge Your people with righteousness” (Psalms 72:1–2). Rabbi [Yehuda HaNasi] says: Just as the Holy One blessed be He cautioned regarding the commandments, so He cautioned regarding justice, upon which the world is contingent, as it is stated: “A king will uphold the land with justice” (Proverbs 29:4). And by its means, Zion will be rebuilt, as it is stated: “Zion will be redeemed with justice” (Isaiah 1:27). And by its means the righteous are uplifted, as it is stated: “Happy are those who heed the law” (Psalms 106:3). You find that there are many ordinances regarding this matter. For the Holy One blessed be He said: “I am the Lord your God who took you out of the land of Egypt, the house of slavery” (Exodus 20:2). What does it say regarding the Hebrew slave? “If you purchase a Hebrew slave [he shall serve six years]” (Exodus 21:2). The Holy One blessed be He said: ‘Just as I created the world in six days and rested on the seventh, so he shall work with you for six years and emerge as a free man.’ What is written alongside it? “If he comes in by himself” (Exodus 21:3); if he entered alone he shall depart alone, if [he came in] with his wife, he shall depart with her. “If his master gives him a wife…” (Exodus 21:4). Israel enters this situation only if they transgressed the mitzvot, because Israel is as dear as the apple of the supernal eye, as it is stated: “As anyone who touches you, touches the apple of his eye” (Zechariah 2:12). It is the scribes and the Sages who instituted this safeguard.59The verse in Zechariah is stated by God, such that it should have said “anyone who touches you touches the apple of My eye,” but the scribes changed it to “his eye” in order to avoid the challenges that might be caused by the anthropomorphism. Alternatively, the scribes did not change the text but merely taught that the verse means to refer to God’s eye, as it were (see Maharzu; Etz Yosef; Matnot Kehuna to Bereishit Rabba 49:7). It is analogous to a king who said to his son that he should work for so-and-so, who would not mistreat him.60The king sought to punish his son by having him work, but arranged for him to work for a master who would not mistreat him. He went and even though he worked without pay, [the master] did not refrain from mistreating him. When [the king] reconciled with his son, he decreed that those who had mistreated him would be put to death. So too, the Holy One blessed be He decreed that Israel would be enslaved in Egypt until He would be reconciled and return them. [The Egyptians] stood over them and enslaved them harshly, and not because [Israel] rebelled against them. Therefore God said of them: ‘They should have treated them like slaves and [Israel] would perform their needs until the decree was completed.’ But, “I was mildly enraged, but they contributed to the evil” (Zechariah 1:15).61The Egyptians treated the Israelites far more harshly than they should have. Thus, after the commandments,62After the Ten Commandments, in which God mentioned that He took Israel out of slavery in Egypt (Exodus 20:2). the Holy One blessed be He cautioned them regarding the ordinances, that they should not violate them, as He would then do to them what He did to Egypt. That is why the prophet said to Israel: “Execute true justice, and…do not exploit the widow, the orphan, the stranger, and the poor” (Zechariah 7:9–10).
Rabbi Natan says: Justice is fitting for God, as He upholds it and does not show favor, as it is stated: “For I am the Lord, who performs kindness, justice and righteousness in the land” (Jeremiah 9:23), as we find regarding Abraham, who withstood ten ordeals, but He did not show him favor even for one matter,63This translation is based on the textual emendation of Rabbi David Luria. as He said: “Know, that your descendants will be strangers” (Genesis 15:13).64When God told him that he would inherit the land, he asked: “How do I know that I will inherit it?” (Genesis 15:8). It was due to this question that God decreed that Abraham’s descendants would be slaves (see Nedarim 32a). Nevertheless, he asked God to uphold justice, as it is stated: “Will the Judge of the earth not implement justice?” (Genesis 18:25). See how King Solomon was caught in a trap, as it is stated: “He traps the wise with their craftiness” (Job 5:13). How many spirits and demons did Solomon conquer, and he instructed justice for everyone, but ultimately, he was trapped in his old age,65He sought to outsmart the Torah and allowed himself to marry many wives, purchase many horses, and amass much silver and gold, in opposition to Torah law. He justified this by asserting that he would not fall prey to the dangers that the Torah wished to prevent by the institution of these laws (see Sanhedrin 21b). and he began fearing the spirits, as it is stated: “Each man, a sword on his thigh, from fear in the nights” (Song of Songs 3:8). Initially, the spirits were terrified of him, and ultimately, he began to fear them. That is why there is no mitzvathat the Holy One blessed be He did not caution in its regard,66The Torah hints to the punishment for the violation of each commandment. as it is stated: “If a man sells his daughter as a maidservant” (Exodus 21:7). What caused this to happen to him? It is the transgression that he violated vis-à-vis others.67He mistreated his Hebrew slave, which is the topic of the verses immediately prior to this verse. “One who strikes a man and he dies” (Exodus 21:12). What caused this to happen to him? The fact that he did not look into the Torah, in which it is written: “One who sheds the blood of man, by man shall his blood be shed” (Genesis 9:6). This is analogous to a person who marred the statue of the king and ascended to the platform.68For judgment. The king said to him: ‘Did you not read in my royal edicts that anyone who touches my statue is to be eliminated? Why did you not spare yourself?’ So too, if a person kills a person of Israel, it is as though he removes the image of a king, and he is sentenced and has no life, as man was created in the image of the ministering angels. If he kills unwittingly, God provides him with a place to which he can flee. If he kills intentionally, even if he is the High Priest, he is killed. You have no one greater than Saul, as it is stated: “Daughters of Israel, weep over Saul” (II Samuel 1:24). Who collected from him the blood that was on his hands when he died? It was not Israel who collected it, but rather the Givonites, as it is stated: “Let seven men of his sons be given to us [and we will hang them]” (II Samuel 21:6). The priests forgave him,69They forgave him for the massacre in the priestly city of Nov. but the Givonites did not forgive him. That is why God distanced them, as it is stated: “The Givonites were not of the children of Israel” (II Samuel 21:2). That is what David feared, as it is stated: “Save me from bloodshed, God” (Psalms 51:16).
Rabbi Shimon says: Many warnings are written here, as it is stated: “If men quarrel and one strikes the other” (Exodus 21:18). Nothing good and no peace results from a quarrel. Cain harmed his brother only from the midst of a quarrel, “one strikes another with a stone or a fist (Exodus 21:18). Here God cautions, as it is stated: “If he arises and walks outside…[he shall give only his livelihood and he shall provide healing]” (Exodus 21:19).70Even if one does not kill the other, he is obligated to pay for the damage he caused, including loss of livelihood and medical costs. Why is judges [elohim]written here, regarding each and every matter?71As the Torah presents the ordinances in Exodus chapters 21–23, there are several instances in which the Torah refers to judges as elohim, a term ordinarily reserved for God. See, e.g., Exodus 21:6, 22:7. It is because people are steeped in the evil inclination, as it is stated: “As the inclination of a man’s heart is evil from his youth” (Genesis 8:21).72Therefore, due to man’s weaknesses, the Torah uses a term for judges that also can be used to refer to God, as an indication that people should consider that they will be held accountable not only by man but by God. If the Holy One blessed be He would eliminate the evil inclination, everyone would come under His wings. The Holy One blessed be He will kill it [one day]. You find that the evil inclination accustoms a person to sin, and it kills him, as it is stated: “Its justice and its onus will emerge from it” (Habakkuk 1:7).73Sin causes man to die. Alternatively, having caused man to sin, it is the evil inclination who then kills man, as the Gemara states: Satan, the evil inclination, and the Angel of Death are one (Bava Batra 16a). That is why the Holy One blessed be He cautioned them regarding the ordinances of the Torah, as it is stated: “These are the ordinances.” The Holy One blessed be He said: ‘Maintain justice in this world and I will rescue you from being sentenced to Gehenna.’ Therefore, the Holy One blessed be He judges the wicked over all these laws, as it is stated: “Behold, I am here, and I will judge between the fat lamb and the lean lamb” (Ezekiel 34:20). Egypt enslaved Israel, and He exacted retribution from them, and judged them in Egypt and judged them at the sea. To what were they comparable? To robbers who entered the king’s vineyard and destroyed grapevines. The king came and found his vineyard damaged. He became filled with rage and descended upon the robbers. He did not need anything or any person, but rather, he descended, cut them, and uprooted them, just as they had done to the king’s vineyard. So too, Egypt judged the children of God [and executed upon them] harsh judgments. The Holy One blessed be He became filled with rage and afflicted them with the first plague, and the second, but was not sated with their blood. He judged them ten times and said: ‘I have not done anything to them.’ They came to the sea and He killed countless multitudes. From where is it derived that Pharaoh will not be consoled over his multitudes until he will see Gog? As it is stated: “Pharaoh will see them and be consoled for his entire multitude” (Ezekiel 32:31).
Rabbi Meir says: “These are the ordinances,” the Holy One blessed be He entrusted justice to the elders of Israel, just as the Sanhedrin On High sits before God, as it is stated: “I was seeing until thrones were set in place, and the Ancient One sat…the court convened, and the books were opened” (Daniel 7:9–10).74The Sanhedrin sits before God, just as the heavenly Sanhedrin of angels (see Vayikra Rabba 24:2) sits before God. The Holy One blessed be He, who is called the Ancient One, sat to exact retribution against those who came against him arrogantly, as it is stated: “Do not speak exceedingly with arrogance” (I Samuel 2:3). This is analogous to a king whose guardsmen demeaned him regarding the royal garment in which he was clad. The king said to them: ‘You ignored everything [else] and occupied yourselves with the royal garment in which I am clad; as you live, I will change it and I will exact retribution against you.’ So too with these wicked ones who criticized the Ancient One. It is not that He is old, but that [Israel] had exhausted Him with their actions, as it is written: “You wearied the Lord with your words” (Malachi 2:17).75God is described as ancient because He refrains from taking action against those who act against Israel, as though He were an old man, incapable of waging war. This is not the case, it is just that Israel has sinned. He said to them: ‘I will change it,’ as it is stated: “Why is there red on Your garment?” (Isaiah 63:2), ‘and I will exact retribution against you,’ as it is stated: “The Lord will emerge like a warrior, He will arouse zealotry like a man of war” (Isaiah 42:13).
Rabbi Elazar said: The entire Torah is contingent on justice, that is why the Holy One blessed be He gave laws after the Ten Commandments. Because people pervert justice, He exacts retribution from them and teaches the entire world that He overturned Sodom only after it perverted justice, as it is stated: “[Behold, this was the iniquity of your sister Sodom…] pride, surfeit of bread and tranquil calm, [but she did not support the hand of the poor and indigent]” (Ezekiel 16:49). Jerusalem, too, was not exiled until she perverted justice, as it is stated: “They will not provide justice for an orphan and the cause of the widow will not come to them” (Isaiah 1:23). Why did the Holy One blessed be He give the crown to Judah?76The kings of Israel descend from the tribe of Judah. It is not that he was mightier than his brothers; were Simeon, Levi and the others not mighty? Rather, it is because he adjudicated a true judgment for Tamar;77See Genesis 38:26. that is why he became a judge of the world.78In ancient times, the king served as the highest judge in the land. This is analogous to a judge who adjudicated the case of an orphan girl that came before him and he exonerated her. So too, the case of Tamar came before Judah, and [her sentence was] to be burned, but he exonerated her because he found merit on her behalf. How so? Isaac and Jacob were sitting there, as well as all his brothers, and they were protecting him.79Although they recognized that the signet ring, cords, and staff presented by Tamar (see Genesis 38:25) belonged to Judah, the presentation of these artifacts did not prove that she had not engaged in a forbidden relationship. Judah acknowledged the Omnipresent and said the truth of the matter, and said: “She is more righteous than I” (Genesis 38:26). The Holy One blessed be He appointed him king. Likewise, ben Zoma would say and expound: You were shamed in this world; you will not be shamed in the World to Come in front of the Holy One, blessed be He, who is a consuming fire. Why? Because the shame in this world is nothing compared to the shame of standing [guilty] in the World to Come, as it is stated: “Therefore, everyone who is pious should pray to You [at the time of searching]” (Psalms 32:6).80The time of searching is expounded to mean the day of death. The previous verse states: “I acknowledged my sin to You; I did not hide my iniquity. I said: I will confess my transgressions to the Lord. And You forgave the guilt of my sin, selah” (Psalms 32:5). Thus, this is understood to mean that every pious individual prays that he has the strength to confess his sins before he dies.
Rabbi Yehoshua said: The Holy One blessed be He said: ‘Because I commanded you many laws, I will provide you with great reward. I cautioned you regarding all the mitzvot, which are your life, as it is stated: “One who observes a mitzva will not know an evil matter” (Ecclesiastes 8:5). The same is true of every matter that is written in this portion: one who kills a person; one who strikes an ox; one who ignites a field. For each and every one, I wrote its punishment alongside it and its reward alongside it.’ This is analogous to a king who prepared two paths, one filled with thorns, briers, and thistles, and one filled with fragrant plants. The blind walk on the bad path, and the thorns add wound upon wound. Those who can see walk on the good path, with the result that they walk [comfortably] and their clothes are perfumed from [the path]. So too, God prepared two paths, one for the righteous and one for the wicked. One who has no eyes walks on the path of the wicked, stumbles and does not recover, like Bilam the wicked, who was expelled from the world, and like Doeg and Aḥitofel who were distanced from life, and like Geiḥazi, who left the world with nothing.81Bilam, Doeg, Aḥitofel, and Geiḥazi are the four commoners listed in the mishna in Sanhedrin (10:1) as having no portion in the World to Come. However, the righteous, who walk in their innocence, are privileged, and their children after them, as it is stated: “One who walks innocently is a righteous man; happy are his children after him. (Proverbs 20:7).
Another matter, “these are the ordinances,” the punishment that is prepared for the wicked is plentiful. What is written in their regard: “He will rain burning coal upon the wicked…” (Psalms 11:6). Because they violate the mitzvotand the laws of the Torah that were given only after the commandments, their punishment is more severe than that of one who nullifies the commandments.82One who sins in his relations with other people is punished more harshly than one who sins only toward God. The midrash states this regarding the verse “these are the ordinances” because the laws introduced in this passage pertain to interpersonal relations. How so? Israel nullified: “You shall not have [other gods before Me]” (Exodus 20:3), and He forgave them, as idol worship has no substance but only arouses zealotry, as it is stated: “They would arouse His zealotry with strangers” (Deuteronomy 32:16). Likewise, it is written: “They exchanged their Glory for the molded image of a bull” (Psalms 106:20). But when Israel sinned at Shitim with licentiousness, twenty-four thousand of them fell.83See Numbers 25:1–9. This is analogous to a princess who flirted with a eunuch. The king became angry at her. They said to him: ‘But did she not flirt with a eunuch?’84The eunuch is incapable of sexual relations. He said: ‘I became angry only because she accustomed herself to flirting and licentiousness.’ Likewise, the Rabbis taught: Lightheartedness and frivolity accustom a person to licentiousness. When she engaged in licentiousness, they told her father that she received twenty-four severe lashes, and he was silent. So too, what benefit did Israel receive from the worship of idols, which do not see, do not hear, and do not speak, as it is stated: “May their makers be like them” (Psalms 115:8)?85The preceding verses say: “Their idols are silver and gold, the work of the hand of man. They have mouths but do not speak; they have eyes but do not see; they have ears but do not hear; they have noses but do not smell; they have hands but do not feel; legs, but they do not walk; they do not speak with their throats” (Psalms 115:4–7). However, for licentiousness, which is a matter of substance, they were punished. They were forgiven for idol worship, but regarding these laws and mitzvot, the Holy One blessed be He cautioned them, as it is stated: “Observe mitzvot and live” (Proverbs 7:2) and likewise, “Inscribe them on the tablet of your heart.” (Proverbs 7:3).
Another matter, “these are the ordinances,” the idolaters have judges and Israel has judges and you do not know the difference between them. This is analogous to an ill person whom a doctor came to visit. [The doctor] said to the members of his household: ‘Feed him everything that he requests.’ He went to [visit] another [patient] and said to [the members of his household]: ‘Make certain that he does not eat such-and-such item.’ They said to him: ‘To the first you said that he should eat what he wants, and to the second you said that he should not eat such-and-such item?’ He said to them: ‘The first one will not live; therefore, I said that he may eat everything that he wants. However, for this one, who will live, I said to be careful with him.’ So too, for the idolaters who separate themselves and do not engage in Torah study and do not fulfill it, it is stated: “I too gave them statutes that were not good, [and ordinances by which they could not live]” (Ezekiel 20:25). But about the mitzvot it is written: “Which a man shall perform and live by them” (Leviticus 18:5).
Another matter, “these are the ordinances,” that is what is written: “The might of the King is that He loves justice” (Psalms 99:4). Moses said to Israel: ‘The Holy One blessed be He gave you His Torah. If you do not perform the laws, He will take His Torah from you.86 A Torah scholar who does not seek to bring about justice among the populace will not succeed in his studies (Etz Yosef). This is derived from the vav at the first word of the phrase “these [ve’eleh] are the ordinances.” This vav connects the ordinances to the giving of the Torah in the preceding passage (Maharzu). Why? Because the Holy One blessed be He gave you His Torah only so you will perform the laws,’ as it is stated: “The might of the King is that He loves justice.” If you perform the laws, the Holy One blessed be He is destined to restore your courts to you, as it is stated: “I will restore your judges as at first” (Isaiah 1:26). What is written thereafter? “Zion will be redeemed with justice” (Isaiah 1:27).
Another matter, “these are the ordinances,” that is what is written: “So said the Lord: Maintain justice and perform acts of charity” (Isaiah 56:1). That is what the verse states: “These too are for the wise: Showing favor in judgment is no good” (Proverbs 24:23). The Holy One blessed be He said: ‘What caused the judges to know how to judge? It is due to the fact that you received the Torah in which it is written: “These are the statutes, ordinances, and laws”’ (Leviticus 26:46). But know that “showing favor in judgment is no good.” What is “no good”? When a judge sits and judges truthfully, the Holy One blessed be He forsakes the heavens of heavens, as it were, and rests His Divine Presence alongside him, as it is stated: “And that the Lord would establish judges for them, and the Lord would be with the judge” (Judges 2:18). When He sees that he is showing favor, He removes His Divine Presence, as it were, and ascends heavenward. The angels say to Him: ‘Master of the universe, what is disturbing You?’ He says to them: ‘I saw that the judge is showing favor and I departed from there,’ as it is stated: “Because of the robbery of the poor and the groans of the needy, the Lord says: Now I will arise” (Psalms 12:6). What does the Holy One blessed be He do? He draws His sword against him, to apprise that there is a Judge on high, as it is stated: “Beware of the sword, for fury by the sword will be for iniquity, so that you will know that there is punishment [shadun]” (Job 19:29); it is written shadin,87The word is traditionally written with a yod, such that it reads shadin, but it is traditionally pronounced shadun, as though written with a vav. that there is justice [sheyesh din] in the world. Therefore, Solomon said: “These too are for the wise: Showing favor in judgment is no good.” The Holy One blessed be He said to him: ‘It is not good for you that I forsake you, as it is stated: “The Lord is good; He is a stronghold on the day of trouble and knows those who take refuge in Him” (Nahum 1:7). That is why it is written: “So said the Lord: Maintain justice and perform acts of charity,” and I will bring Myself close to you, as it is stated: “For My salvation is soon to come”’ (Isaiah 56:1). Likewise you find regarding Nebuchadnezzar. When he saw the dream, Daniel entered to him and saw that [God] was destined to drive him away, as it is stated: “You will be driven from men” (Daniel 4:29). He pretended to be trembling and fearful, as it is stated: “Then Daniel, whose name was Beltshatzar, was astonished for some time [and his thoughts terrified him]” (Daniel 4:16). [Nebuchadnezzar] said to him: ‘Why are you afraid?’ [Daniel] said to him: ‘I see the dream but I am unable to say it,’ and said to him: “My lord, may the dream be for your enemy, and its interpretation for your foe” (Daniel 4:16). One who expounds this verse renders Daniel one who spoke impudently vis-à-vis the Most High, as he said to Nebuchadnezzar: “My lord, may the dream be for your enemy.” There was no greater enemy of his than the Holy One blessed be He, as [Nebuchadnezzar] had destroyed His house and exiled His children. Moreover, Israel, too, was his enemy, and he was cursing them.88It was as though Daniel was cursing them by wishing upon them Nebuchadnezzar’s dream. However, Daniel directed his heart to the Holy One blessed be He, and said: ‘My Master who is in Heaven, bring this dream upon this enemy of Yours.’ Nebuchadnezzar said to Daniel: ‘I saw in my dream: “Behold, a tree in the midst of the land…and there was food for everyone in it”’ (Daniel 4:7, 9). This [symbolizes] a king who issues an edict, blockades the sea and everyone dies; he lifts the blockade on the sea and everyone lives. Therefore, “there was food for everyone in it.” Once [Daniel] told him the meaning of the dream, [Nebuchadnezzar] said to him: ‘What is your advice to me?’ He said to him: “Therefore, king, let my counsel be acceptable to you: redeem your sins with charity” (Daniel 4:24). The Holy One blessed be He said to [Daniel]: ‘I conveyed [the value of] charity to Abraham, as it is stated: “For I have known him, so that he will command…[to perform acts of charity]” (Genesis 18:19), and you say to this wicked one: “Redeem your sins with charity”?’89God did not want Nebuchadnezzar to know that he could expiate his sins via charity. Rather, he said to Nebuchadnezzar: ‘Perform acts of charity and open your storehouses’ because he saw that Israel had departed Jerusalem naked, without the value of a peruta in their possession. That is why he said to him to perform acts of charity.90Daniel’s intention in advising Nebuchadnezzar was to provide for the destitute Jewish refugees for the benefit of the Jews, not for the benefit of Nebuchadnezzar. He opened his storehouses and he was supporting Israel for twelve months. “At the end of twelve months [he was walking atop the royal palace of Babylon]” (Daniel 4:26). Nebuchadnezzar heard the sound [of a crowd] gathering. He said: ‘From where is that sound coming?’ They said to him: ‘It is those poor people to whom you said to give a portion, and we have been distributing it to them for twelve months, as you said.’ He said: ‘Had it not been for the wealth that I had, with what would I have constructed this entire province in my honor, as it is stated: “The king spoke, saying: Is this not the great Babylon?” (Daniel 4:27), and I am wasting all my property? If my property will be gone, I will have no honor.’ He locked the storehouses. Once he said that, a Divine Voice responded to him from Heaven, as it is stated: “While the matter was yet in the mouth of the king, a voice fell from the heavens: [To you it is said, King Nebuchadnezzar, the kingdom is removed from you]” (Daniel 4:28). What caused you to sit in tranquility for twelve months? It was the charity. If for this wicked one it is so, for Israel all the more so. That is, “maintain justice and perform acts of charity” (Isaiah 56:1). This is analogous91This analogy pertains to the continuation of the verse cited above from Isaiah, “for My salvation is soon to come” (Isaiah 56:1). to a person who entered a province and heard that a gladiatorial exhibition was taking place. He went and he asked a gladiator: ‘When will the gladiatorial exhibition take place?’ He said to him: ‘It is far off.’ He went and asked the one staging the exhibition. He said: ‘It is soon.’ That one said: ‘Did I not ask the gladiator, and he said it was far off?’ He said to him: ‘You thought to ask the gladiator? Does he wish me to stage the exhibition? Does he not know that he will participate and be killed?’ So too, Israel asked Bilam: ‘When will the salvation be?’ He said to them: “I see him, but not now; I behold him, but not near” (Numbers 24:17). The Holy One blessed be He said to them: ‘Is this what you thought? Do you not know that ultimately Bilam will descend to Gehenna and does not want My salvation to come? Rather, emulate your patriarch: “For Your salvation I await, Lord” (Genesis 49:18). Anticipate salvation, as it is near.’ That is why it is stated: “For My salvation is soon to come” (Isaiah 56:1). Another matter, “for My salvation is soon to come,” ‘for your salvation is soon’ is not written, but rather, “My salvation.” May His name be blessed. Had the matter not been written, it would have been impossible to say it. The Holy One blessed be He said to Israel: ‘If you do not have merit, I will do it for My sake. As it were, all the days that you are there in distress, I am with you, as it is stated: “I will be with him in distress” (Psalms 91:15). And I will redeem Myself, as it is stated: “He saw that there was no man and He was astonished…[His arm brought salvation for Him]”’ (Isaiah 59:16). Likewise it says: “Rejoice greatly, daughter of Zion; cheer, daughter of Jerusalem: Behold, your king will come to you; he is righteous and redeemed” (Zechariah 9:9). ‘And redeeming,’ is not written here, but rather, “redeemed.”92Although the plain meaning of the verse refers to a human king, the midrash takes it to allude to God, who is described as redeeming Himself. That is, even if you do not have actions to your credit, the Holy One blessed be He will do it for His sake, as it is stated: “For My salvation is soon to come.” Another matter, “maintain justice and perform acts of charity,” (Isaiah 56:1), that is what is written: “I performed justice and acts of charity; do not leave me to my oppressors” (Psalms 119:121). Israel said to Him: ‘Master of the universe, see that we are seeking to perform justice and acts of charity, but we fear the idolaters; do not deliver us into their hands.’ That is, “I have performed justice and acts of charity.” This is analogous93The following analogy pertains to the conclusion of the verse in Isaiah 56:1, which states “and My righteousness to be revealed.” to a merchant who sought to travel on the road, but heard that there were robbers on the road. What did he do? He took his merchandise and exchanged it for gems and diamonds. He set out on the road and the robbers apprehended him. They said to him: ‘What do you have in your possession?’ He said to them: ‘Glassware.’ They said to him: ‘How much is this worth?’ He said to them: ‘Two for a sela, three for a sela.’ They said to each other: ‘For this will we kill him?’ They left him alone. He entered the city. He began opening the chests and he sat and began selling. Those robbers entered and saw him sitting and selling. They said to him: ‘How much for this?’ He said: ‘This is for twenty gold pieces, that is for thirty gold pieces.’ They said to him: ‘Are you not the one who said to us on the way: Two for a sela, three for a sela?’ He said to them: ‘Yes. However, at that moment I was in a place of death.94I said so because my life was in danger. Now, if you do not give me its price, you will not take it.’ So it is for Israel. In this world, one who performs mitzvot does not know the reward to be given for them. However, in the World to Come, when they see the reward given for mitzvot, they will be astonished, as the entire world is not able to contain the reward, as it is stated: “They never take heed, they did not they listen; no eye has seen [besides You, God, that which He will do for one who awaits Him]” (Isaiah 64:3). Have they never heard? It is, rather, that they are unable to hear the reward given for mitzvot.95In this world, they cannot comprehend the reward given for mitzvot. That is why it is stated: “For My salvation is soon to come, [and My righteousness to be revealed]” (Isaiah 56:1). The Holy One blessed be He said: ‘I will bring the salvation, as it is stated: “Salvation belongs to the Lord” (Psalms 3:9). One who performs justice, I write in his regard that he brings the salvation near.’ Likewise, you find regarding Yehoshafat, who appointed judges, as it is stated: “He appointed judges” (II Chronicles 19:5). When the children of Amon and Moav came, they were standing, and the Holy One blessed be He was waging their war, as it is stated: “For the war is not yours, but God’s” (II Chronicles 20:15), just as Moses our master, may peace be upon him, said: “The Lord will wage war for you” (Exodus 14:14). Why? Because they performed justice, they caused the salvation to come. That is why it is stated: “Maintain justice and perform acts of charity, for My salvation is soon to come” (Isaiah 56:1). That is, “these are the ordinances.” What is written thereafter? “If you purchase a Hebrew slave, [six years he shall work, and in the seventh he shall go free]” (Exodus 21:2).
וְאֵלֶּה הַמִּשְׁפָּטִים, הֲדָא הוּא דִכְתִיב (תהלים צט, ד): וְעֹז מֶלֶךְ מִשְׁפָּט אָהֵב, אֵימָתַי נִתַּן הָעֹז לְהַקָּדוֹשׁ בָּרוּךְ הוּא בְּשָׁעָה שֶׁהוּא עוֹשֶׂה אֶת הַדִּין בְּעוֹבְדֵי כּוֹכָבִים, שֶׁכֵּן אַתָּה מוֹצֵא בִּנְבוּכַדְנֶצַּר הָרָשָׁע עַל יְדֵי שֶׁנִּתְגָאֶה וְאָמַר (דניאל ד, כז): הֲלָא דָא הִיא בָּבֶל רַבְּתָא, אָמַר לוֹ הַקָּדוֹשׁ בָּרוּךְ הוּא רָשָׁע לֵחָה סְרוּחָה, נִתְגָאֵיתָ וְאָמַרְתָּ: בִּתְקָף חִסְנִי וִיקָר הַדְרִי, וְאֵין אַתָּה יוֹדֵעַ שֶׁהַכֹּל שֶׁלִּי, הַגְּדֻלָּה שֶׁלִּי וְהַחֹסֶן שֶׁלִּי, הַכָּבוֹד שֶׁלִּי וְהֶהָדָר שֶׁלִּי. וְכֵן דָּוִד אוֹמֵר (דברי הימים א כט, יא): לְךָ ה' הַגְּדֻלָּה וְהַגְּבוּרָה וְהַתִּפְאֶרֶת, וְאוֹמֵר (תהלים קד, א): ה' אֱלֹהַי גָּדַלְתָּ מְאֹד, אָמַר הַקָּדוֹשׁ בָּרוּךְ הוּא לִנְבוּכַדְנֶצַּר מְעַט מַלְכוּת שֶׁנִּתְּנָה לְךָ מִשֶּׁלִּי הוּא, וְכֵן דָּנִיֵּאל אוֹמֵר לוֹ (דניאל ב, לז): דִּי אֱלָהּ שְׁמַיָא מַלְכוּתָא חִסְנָא וְתָקְפָא וִיקָרָא יְהַב לָךְ, וְאַתָּה אָמַרְתָּ בִּתְקָף חִסְנִי וִיקָר הַדְרִי, הֱוֵי: וְעֹז מֶלֶךְ מִשְׁפָּט אָהֵב, הָעֹז שֶׁל מֶלֶךְ מַלְכֵי הַמְּלָכִים הַקָּדוֹשׁ בָּרוּךְ הוּא, וְהוּא אוֹהֵב אֶת הַמִּשְׁפָּט וּנְתָנוֹ לְיִשְׂרָאֵל שֶׁהֵם אוֹהֲבָיו, וּמַה שֶּׁכָּתוּב (תהלים צט, ד): אַתָּה כּוֹנַנְתָּ מֵישָׁרִים, אַתָּה כּוֹנַנְתָּ יַשְׁרוּת לְאוֹהֲבֶיךָ, שֶׁעַל יְדֵי הַמִּשְׁפָּטִים שֶׁנָּתַתָּ לָהֶם הֵם עוֹשִׂים מְרִיבָה זֶה עִם זֶה, וּבָאִין לִידֵי מִשְׁפָּט וְהֵן עוֹשִׂים שָׁלוֹם, אָמְרוּ יִשְׂרָאֵל לִפְנֵי הַקָּדוֹשׁ בָּרוּךְ הוּא, רִבּוֹן הָעוֹלָם עַד מָתַי אִי אַתָּה עוֹשֶׂה דִּין בָּעוֹבְדֵי כּוֹכָבִים, אָמַר לָהֶם עַד שֶׁתַּגִּיעַ עוֹנָתָן לִבָּצֵר, שֶׁנֶּאֱמַר (ישעיה כז, ב): בַּיּוֹם הַהוּא כֶּרֶם חֶמֶר עַנּוּ לָהּ, כְּלוּם קוֹטֵף אָדָם אֶת כַּרְמוֹ קֹדֶם שֶׁיִּתְבַּשֵּׁל, אֶלָּא מֵאַחַר שֶׁהוּא מְבֻשָּׁל, הוּא קוֹטְפוֹ וְנוֹתְנוֹ בַּגַּת וְדוֹרְכוֹ וּמְזַמֵּר וְהֵן עוֹנִין אַחֲרָיו. כָּךְ אָמַר הַקָּדוֹשׁ בָּרוּךְ הוּא לְיִשְׂרָאֵל, הַמְתִּינוּ לִי עַד שֶׁתַּגִּיעַ עוֹנָתָהּ שֶׁל אֱדוֹם וַאֲנִי דוֹרֵךְ אוֹתָהּ, שֶׁנֶּאֱמַר (תהלים ס, י): עַל אֱדוֹם אַשְׁלִיךְ נַעֲלִי, אֲנִי פּוֹתֵחַ לָכֶם, וְאַתֶּם עוֹנִים אַחֲרָי, לְכָךְ נֶאֱמַר: כֶּרֶם חֶמֶר עַנּוּ לָהּ. (ישעיה כז, ג): אֲנִי ה' נֹצְרָהּ לִרְגָעִים אַשְׁקֶנָּה, אֲנִי הוּא שֶׁמְשַׁמֵּר אוֹתָהּ לְהַשְׁקוֹתָהּ כּוֹסוֹת הַרְבֵּה, שֶׁנֶּאֱמַר: לִרְגָעִים אַשְׁקֶנָּה, אִם בָּא אֲנִי לְהַבִּיט בָּהֶם מְכַלֶּה אֲנִי אוֹתָם מִן הָעוֹלָם, אֶלָּא (ישעיה כז, ד): חֵמָה אֵין לִי, כְּשֵׁם שֶׁהֵם מִתְמַלְּאִין חֵמָה עַל בָּנַי, אֶלָּא מָה אֲנִי עוֹשֶׂה לָהֶם (ישעיה כז, ד): אֶפְשֳׂעָה בָהּ אֲצִיתֶנָּה יָּחַד, אָמַר רַבִּי לֵוִי אָמַר הַקָּדוֹשׁ בָּרוּךְ הוּא לְעוֹבְדֵי כּוֹכָבִים, יִשְׂרָאֵל שֶׁלִּי הֵם, שֶׁנֶּאֱמַר (ויקרא כה, נה): כִּי לִי בְנֵי יִשְׂרָאֵל עֲבָדִים, וְהַחֵמָה שֶׁלִּי, שֶׁנֶּאֱמַר (נחום א, ב): נֹקֵם ה' וּבַעַל חֵמָה, וְאַתֶּם מִתְמַלְּאִים מִשֶּׁלִּי עַל שֶׁלִּי, שֶׁנֶּאֱמַר (ישעיה כז, ד): מִי יִתְּנֵנִי שָׁמִיר וָשַׁיִת בַּמִּלְחָמָה. וְרַבָּנָן אָמְרִין אָמַר לָהֶם הַקָּדוֹשׁ בָּרוּךְ הוּא אִם מְשַׁנֶּה אֲנִי מִדַּת הַדִּין שֶׁלִּי בְּבָרָק אֶחָד אֲנִי מְכַלֶּה אוֹתָן, שֶׁנֶּאֱמַר (דברים לב, מא): אִם שַׁנּוֹתִי בְּרַק חַרְבִּי, וּמָה אֲנִי עוֹשֶׂה (דברים לב, מא): וְתֹאחֵז בְּמִשְׁפָּט יָדִי, וְכֵן הוּא אוֹמֵר (ישעיה כז, ה): אוֹ יַחֲזֵק בְּמָעֻזִּי, וְאֵין מָעֻזִּי אֶלָּא דִּין, שֶׁנֶּאֱמַר (תהלים צט, ד): וְעֹז מֶלֶךְ מִשְׁפָּט אָהֵב, אָמַר לָהֶם הַקָּדוֹשׁ בָּרוּךְ הוּא לְיִשְׂרָאֵל כְּשֵׁם שֶׁאֲנִי יָכוֹל לַעֲבֹר אֶת הַדִּין עַל עוֹבְדֵי כּוֹכָבִים וַאֲנִי אֵינִי מַעֲבִיר אֶלָּא תּוֹפֵס אֲנִי בַּדִּין, כָּךְ אַתֶּם לֹא תֵצְאוּ חוּץ לַדִּין, שֶׁנֶּאֱמַר: וְאֵלֶּה הַמִּשְׁפָּטִים.
“These are the ordinances that you shall place before them” (Exodus 21:1).
“These are the ordinances [hamishpatim],” that is what is written: “The might of the King is that He loves justice [mishpat]” (Psalms 99:4). When is might ascribed to the Holy One blessed be He? When He executes judgment upon the idolaters. Thus you find regarding the wicked Nebuchadnezzar that because he boasted and said: “Is this not the great Babylon?” (Daniel 4:27), the Holy One blessed be He said to him: ‘Wicked one, putrid discharge, you boasted and said: Due to the greatness of my might and in honor of my splendor. Do you not know that everything is Mine; greatness is Mine, might is Mine, honor is Mine, and splendor is Mine?’ Likewise, David said: “Yours, Lord, is the greatness, and the might, and the splendor, and the triumph, and the glory” (I Chronicles 29:11). And it says: “The Lord my God, You have become exceedingly great” (Psalms 104:1). The Holy One blessed be He said to Nebuchadnezzar: ‘The limited royalty that has been given you is from Me.’ Likewise Daniel said to him: ‘“To whom the God of the heavens has given the kingdom, the power, the strength, and the glory” (Daniel 2:37), and you said: Due to the greatness of my might and in honor of my splendor?’ That is, “the might of the King is that He loves justice.” The might belongs to the King of kings, the Holy One blessed be He. He loves justice and He gave it to Israel who are His beloved.
That which is written: “You established equity [meisharim]” (Psalms 99:4); You established uprightness [yashrut] for Your beloved as, by means of the ordinances that You gave them, when they enter into disputes with one another they come to judgment and make peace.
Israel said before the Holy One blessed be He: ‘Master of the universe, until when will You refrain from executing justice upon the idolaters?’ He said to them: ‘Until their time will arrive to be harvested,’ as it is stated: “On that day, sing about it: a vineyard of wine” (Isaiah 27:2). Does a person pick his vineyard before it ripens? Rather, after it ripens, he picks it, places it into the wine press, stomps it, and sings, and [his fellows] answer after him. Thus the Holy One blessed be He said to Israel: ‘Wait for Me until the time of Edom will arrive, and I will stomp it, as it is stated: “I will cast my shoe at Edom” (Psalms 60:10). I will open for you and you will answer after Me.’ That is why it is stated: “Sing about it: a vineyard of wine.”
‘“I, the Lord, guard it; every moment I water it” (Isaiah 27:3). It is I who guards it in order to give it many [bitter] cups to drink, as it is stated: “Every moment I water it.” If I come to look at them, I will eliminate them from the world. However, “I have no fury” (Isaiah 27:4), like they become filled with fury against My children. Rather, what do I do to them? “I would trample and ignite them together” (Isaiah 27:4).’1God is saying: Although Edom immediately acts with fury against My children, I do not do so against them. I wait for them, until their measure of sin is full, but then I will trample them and set them on fire.
Rabbi Levi said: The Holy One blessed be He said to the idolaters: ‘Israel is Mine,’ as it is stated: “For the children of Israel are servants to Me” (Leviticus 25:55). ‘Fury is Mine,’ as it is stated: “The Lord is vengeful and filled with fury” (Nahum 1:2). ‘You become filled with what is Mine,2Fury. against what is Mine,’ as it is stated: “If only I were given thorns and thistles in war” (Isaiah 27:4).3This is not cited as proof of the preceding statement but as a consequence; God says that He will, eventually, light the idolaters on fire like thorns and thistles.
The Rabbis say: The Holy One blessed be He said to them: ‘If I alter [meshaneh] My attribute of justice,4If I stop having patience with sinners. I will eliminate them with one lightning bolt [barak], as it is stated: “If I hone [shanoti] My flashing [berak] sword” (Deuteronomy 32:41). But what do I do? “My hand will grasp judgment”’ (Deuteronomy 32:41).5God says: I will continue My general course of judgment, which involves delaying judgment for sinners. Likewise it says: “He will grasp My stronghold [bema’uzi]” (Isaiah 27:5). Ma’uzi means nothing other than justice, as it is stated: “The might [oz] of the King is that He loves justice” (Psalms 99:4). The Holy One blessed be He said to Israel: ‘Just as I could violate justice for the idolaters, but I do not violate it, but rather grasp justice, so you shall not go outside the bounds of justice, as it is stated: “These are the ordinances [mishpatim].”
מַה כְּתִיב לְמַעְלָה מִן הָעִנְיָן (שמות כ, כג): וְלֹא תַעֲלֶה בְמַעֲלֹת עַל מִזְבְּחִי, וּכְתִיב: וְאֵלֶּה הַמִּשְׁפָּטִים, וְכִי מָה עִנְיַן זֶה אֵצֶל זֶה, וְכִי עֶרְוָתָן שֶׁל כֹּהֲנִים הָיְתָה מְגֻלָּה, וַהֲרֵי כְתִיב (שמות כח, מב): וַעֲשֵׂה לָהֶם מִכְנְסֵי בָד לְכַסּוֹת בְּשַׂר עֶרְוָה, אֶלָּא אָמַר רַבִּי אֲבִינָא כְּשֵׁם שֶׁהִזְהִיר הַקָּדוֹשׁ בָּרוּךְ הוּא אֶת הַכֹּהֲנִים שֶׁלֹא יְהוּ פּוֹסְעִין פְּסִיעוֹת גַּסּוֹת עַל גַּבֵּי הַמִּזְבֵּחַ אֶלָּא יְהוּ מְהַלְּכִין עָקֵב בְּצַד גּוּדָל, כָּךְ הִזְהִיר הַקָּדוֹשׁ בָּרוּךְ הוּא אֶת הַדַּיָּנִין שֶׁלֹא יַפְסִיעוּ פְּסִיעוֹת גַּסּוֹת בַּדִּין.
What is written prior to the matter: “You shall not ascend on stairs to My altar, [so that your nakedness will not be exposed upon it]” (Exodus 20:23). And it is written: “And these are the ordinances.”6These verses appear consecutively in the Torah, although the division of the text into chapters separates them into separate chapters. What does this matter have in common with that? Was the nakedness of the priests exposed? But is it not written: “Make for them linen trousers to cover the flesh of their nakedness”? (Exodus 28:42). Rather, Rabbi Avina said: Just as the Holy One blessed be He cautioned the priest to refrain from taking large steps atop the altar; rather, they should walk with measured steps,7The text here reads literally “heel next to toe.” so, the Holy One blessed be He cautioned the judges that they should not take large steps in judgment.8They should skip no steps and make no unfounded assumptions in reaching their judgment.
דָּבָר אַחֵר, וְאֵלֶּה הַמִּשְׁפָּטִים, אָמַר רַבִּי אַבָּהוּ בְּכָל מָקוֹם שֶׁכָּתוּב וְאֵלֶּה מוֹסִיף עַל הָרִאשׁוֹנִים, וּבְכָל מָקוֹם שֶׁכָּתוּב אֵלֶּה פּוֹסֵל אֶת הָרִאשׁוֹנִים, כֵּיצַד (בראשית ב, ד): אֵלֶּה תוֹלְדוֹת הַשָּׁמַיִם וְהָאָרֶץ בְּהִבָּרְאָם, וּמַה פָּסַל שֶׁהָיָה בּוֹרֵא שָׁמַיִם וָאָרֶץ וְהָיָה מִסְתַּכֵּל בָּהֶם וְלֹא הָיוּ עֲרֵבִים עָלָיו וְהָיָה מַחֲזִירָן לְתֹהוּ וָבֹהוּ, כֵּיוָן שֶׁרָאָה שָׁמַיִם וָאָרֶץ אֵלּוּ עָרְבוּ לְפָנָיו, אָמַר אֵלּוּ תוֹלְדוֹת, לְפִיכָךְ אֵלֶּה תוֹלְדוֹת הַשָּׁמַיִם וְהָאָרֶץ, אֲבָל הָרִאשׁוֹנִים לֹא הָיוּ תוֹלְדוֹת. כַּיּוֹצֵא בּוֹ (בראשית ו, ט): אֵלֶּה תּוֹלְדֹת נֹחַ, וּמַה פָּסַל דּוֹרוֹ שֶׁל אֱנוֹשׁ וְדוֹר הַמַּבּוּל וְקֵינָן וַחֲבֵרָיו, לְפִיכָךְ אָמַר (בראשית י, ב): בְּנֵי יֶפֶת גֹּמֶר וּמָגוֹג. וְכַיּוֹצֵא בּוֹ (בראשית כה, יב): וְאֵלֶּה תֹּלְדֹת יִשְׁמָעֵאל בֶּן אַבְרָהָם, מוֹסִיף עַל הָרִאשׁוֹנִים, וּמִי הֵם, מַה שֶּׁכָּתוּב לְמַעְלָה, שֶׁנֶּאֱמַר (בראשית כה, ב): וַתֵּלֶד לוֹ אֶת זִמְרָן וְאֶת יָקְשָׁן, וְאַף כָּאן וְאֵלֶּה תֹּלְדֹת יִשְׁמָעֵאל בֶּן אַבְרָהָם בְּכֹר יִשְׁמָעֵאל נְבָיֹת, רְשָׁעִים הָיוּ כַּיּוֹצֵא בָּהֶן. כַּיּוֹצֵא בּוֹ (בראשית כה, יט): וְאֵלֶּה תּוֹלְדֹת יִצְחָק בֶּן אַבְרָהָם, מוֹסִיף עַל הָרִאשׁוֹנִים, עַל מַה שֶּׁכָּתוּב לְמַעְלָה הֵימֶנּוּ (בראשית כה, טז): בְּנֵי יִשְׁמָעֵאל, וּמִי הָיָה זֶה, עֵשָׂו וּבָנָיו שֶׁהָיָה בְּנוֹ שֶׁל יִצְחָק. וְאִם כֵּן יֵשׁ לוֹמַר הוֹאִיל וְאֵין כָּתוּב אֶלָּא וְאֵלֶּה תּוֹלְדֹת, אַף יַעֲקֹב שֶׁהוּא תּוֹלְדוֹת יִצְחָק בִּכְלַל עֵשָׂו. אַתָּה מוֹצֵא כָּל תּוֹלְדוֹת שֶׁבַּמִּקְרָא חֲסֵרִים חוּץ מִשְּׁנַיִם (בראשית ב, א): אֵלֶּה תוֹלְדוֹת הַשָּׁמַיִם וְהָאָרֶץ, (רות ד, יח): וְאֵלֶּה תּוֹלְדוֹת פָּרֶץ, וְטַעַם גָּדוֹל יֵשׁ לָהֶם, לָמָּה אָמַר אֵלֶּה תוֹלְדוֹת הַשָּׁמַיִם וְהָאָרֶץ מָלֵא, מִפְּנֵי שֶׁבָּרָא הַקָּדוֹשׁ בָּרוּךְ הוּא אֶת עוֹלָמוֹ וְלֹא הָיָה מַלְאַךְ הַמָּוֶת בָּעוֹלָם, וּבִשְׁבִיל כָּךְ הוּא מָלֵא, וְכֵיוָן שֶׁחָטָא אָדָם וְחַוָּה חִסֵּר הַקָּדוֹשׁ בָּרוּךְ הוּא כָּל תּוֹלְדוֹת שֶׁבַּמִּקְרָא, וְכֵיוָן שֶׁעָמַד פֶּרֶץ נַעֲשָׂה תּוֹלְדוֹת שֶׁלּוֹ מָלֵא, שֶׁהַמָּשִׁיחַ עוֹמֵד הֵימֶנּוּ וּבְיָמָיו הַקָּדוֹשׁ בָּרוּךְ הוּא מַבְלִיעַ הַמָּוֶת, שֶׁנֶּאֱמַר (ישעיה כה, ח): בִּלַּע הַמָּוֶת לָנֶצַח, לְפִיכָךְ תּוֹלְדוֹת הַשָּׁמַיִם וְהָאָרֶץ וְתוֹלְדוֹת פָּרֶץ מָלֵא. וּלְכָךְ תּוֹלְדֹת יִצְחָק חָסֵר, לְהוֹצִיא יַעֲקֹב מִכְּלַל הָרְשָׁעִים. כַּיּוֹצֵא בּוֹ (בראשית לז, ב): אֵלֶּה תֹּלְדוֹת יַעֲקֹב, פָּסַל לְאַלּוּפֵי עֵשָׂו. כַּיּוֹצֵא בּוֹ (שמות א, א): וְאֵלֶּה שְׁמוֹת בְּנֵי יִשְׂרָאֵל, מוֹסִיף עַל הָרִאשׁוֹנִים, וּמִי הָיוּ אֵלּוּ שֶׁכָּתַב לְמַעְלָה (בראשית מו, ח כז): בְּנֵי רְאוּבֵן וּבְנֵי שִׁמְעוֹן. כַּיּוֹצֵא בּוֹ (במדבר ג, א): וְאֵלֶּה תּוֹלְדֹת אַהֲרֹן, מוֹסִיף עַל הָרִאשׁוֹנִים, וּמִי הָיוּ אֵלּוּ שֶׁכָּתַב לְמַעְלָה (במדבר א, מד): כָּל הַפְּקֻדִּים אֲשֶׁר פָּקַד משֶׁה וְאַהֲרֹן, מָה הָרִאשׁוֹנִים הָיוּ צַדִּיקִים אַף אֵלּוּ צַדִּיקִים. אַף כָּאן וְאֵלֶּה הַמִּשְׁפָּטִים, מוֹסִיף עַל הָרִאשׁוֹנִים, מַה שֶּׁכָּתוּב לְמַעְלָה (שמות טו, כה): שָׁם שָׂם לוֹ חֹק וּמִשְׁפָּט, דָּבָר אַחֵר, וְאֵלֶּה הַמִּשְׁפָּטִים, מַה כְּתִיב לְמַעְלָה מִן הַפָּרָשָׁה (שמות יח, כב): וְשָׁפְטוּ אֶת הָעָם בְּכָל עֵת, וְאָמַר כָּאן וְאֵלֶּה הַמִּשְׁפָּטִים, וְהַדִּבְּרוֹת בָּאֶמְצַע, מָשָׁל לְמַטְרוֹנָה שֶׁהָיְתָה מְהַלֶּכֶת, הַזַּיִּן מִכָּאן וְהַזַּיִּן מִכָּאן, וְהִיא בָּאֶמְצַע. כָּךְ הַתּוֹרָה, דִּינִין מִלְּפָנֶיהָ וְדִינִין מֵאַחֲרֶיהָ, וְהִיא בָּאֶמְצַע. וְכֵן הוּא אוֹמֵר (משלי ח, כ): בְּאֹרַח צְדָקָה אֲהַלֵּךְ, הַתּוֹרָה אוֹמֶרֶת בְּאֵיזֶה נָתִיב אֲנִי מְהַלֶּכֶת, אֲהַלֵּךְ בְּדַרְכָּן שֶׁל עוֹשֵׂי צְדָקָה (משלי ח, כ): בְּתוֹךְ נְתִיבוֹת מִשְׁפָּט, הַתּוֹרָה בָּאֶמְצַע וְדִינִין מִלְּפָנֶיהָ וְדִינִין מֵאַחֲרֶיהָ, מִלְּפָנֶיהָ, שֶׁנֶּאֱמַר: שָׁם שָׂם לוֹ חֹק וּמִשְׁפָּט, וְדִינִין מֵאַחֲרֶיהָ, שֶׁנֶּאֱמַר: וְאֵלֶּה הַמִּשְׁפָּטִים.
Another matter, “these are [ve’eleh] the ordinances,” Rabbi Abahu said: Every place where ve’eleh is written, it adds to the previous matter, and every place that eleh is written it rejects the previous matter. How so? “This is [eleh] the legacy of the heavens and the earth on the day that they were created” (Genesis 2:4). What did it reject? He had been creating heavens and earth and examining them. They were not pleasing to Him, and He would restore them to emptiness and disorder. When He saw this heavens and earth, they were pleasing to Him. He said: “This is the legacy of the heavens and the earth,” but what came before was not a legacy.
Similarly, “this is [eleh] the legacy of Noah” (Genesis 6:9). What did it reject? It rejected the generation of Enosh, the generation of the Flood, and Keinan and his counterparts. Therefore it says: “The sons of Yefet, Gomer and Magog” (Genesis 10:2).9The Torah enters into great detail when enumerating the descendants of Noah, but not with the preceding generations.
Similarly, “this is [ve’eleh] the legacy of Ishmael son of Abraham” (Genesis 25:12), adds to the previous matter. Who are they? What is written beforehand, as it is stated: “She bore him10Ketura bore for Abraham. Zimran and Yokshan” (Genesis 25:2). Here, too, “this is [ve’eleh] the legacy of Ishmael son of Abraham…the firstborn of Ishmael is Nevayot” (Genesis 25:12–13). They were wicked like them.11The sons of Ishmael were wicked like the sons of Ketura.
Similarly, “this is [ve’eleh] the legacy [toledot] of Isaac son of Abraham” (Genesis 25:19) adds to the previous matter, to what was written beforehand: “The sons of Ishmael” (Genesis 25:16). Who was it? It was Esau and his sons, for he was a son of Isaac. If so, it may be said that since only “this is [ve’eleh] the legacy” is written, Jacob, too, who was part of the legacy of Isaac, is included with Esau? You find that every [time the word] toledot appears in the Bible it is written defectively,12It is written without a vav between the tav and lamed or without a vav between the dalet and the tav. except for: “This is the legacy [toledot] of the heavens and the earth” (Genesis 2:4), and “this is the legacy [toledot] of Peretz” (Ruth 4:18). And there is a compelling reason why it says: “This is the legacy [toledot] of the heavens and the earth” in full. It is because the Holy One blessed be He created His world and there was no angel of death in the world. That is why it is complete. When Adam and Eve sinned, the Holy One blessed be He minimized all the toledot in the Bible. When Peretz arose, his toledot became full, because the Messiah will emerge from him, in whose days the Holy One blessed be He will eliminate death, as it is stated: “He will eliminate death forever” (Isaiah 25:8). That is the reason that toledot of the heavens and earth and toledot of Peretz are full. This is the reason that toledot of Isaac is defective, to exclude Jacob from the category of the wicked.13The Messiah can also be traced back to Jacob, and therefore the word toledot should have been written regarding Isaac with the vav. It is written without the vav as an indication that it is referring only to Esau and not to Jacob.
Similarly, “this is [eleh] the legacy of Jacob” (Genesis 37:2), it rejected the chieftains of Esau.
Similarly, “these are [ve’eleh] the names of the children of Israel” (Exodus 1:1), adds to the previous matter. Who were they? Those who were written beforehand: The children of Reuben and the children of Simeon.14This is a reference to the listing of the descendants of Jacob who came down to Egypt (see Genesis 46:8–27).
Similarly, “this is [ve’eleh] the legacy of Aaron” (Numbers 3:1) adds to the previous matter. Who were they? Those who were written beforehand: “These are the counted, that Moses and Aaron…counted” (Numbers 1:44). Just like those beforehand were righteous, so, too, these were righteous.15Although the verses regarding Aaron proceed to list Nadav and Avihu, who were killed due to the offering of a strange fire before God (see Numbers 3:2–4), on the whole they were still considered righteous.
Here, too, “these are [ve’eleh] the ordinances” adds to the previous matter, that which was written beforehand: “There He instituted for it statutes and ordinances” (Exodus 15:25).
Another matter, “these are [ve’eleh] the ordinances.” What is written before this portion? “They shall judge the people at all times” (Exodus 18:22). And it says here: “These are the ordinances,” and the [Ten] Commandments are in the middle. This is analogous to a noblewoman who was walking, an armed guard on this side and an armed guard on that side, and she was in the middle. So, too, the [giving of the] Torah had justice before it and justice after it and it was in the middle. Likewise it says: “I walk on the path of righteousness” (Proverbs 8:20). The Torah says: In which path do I walk? I will walk in the path of those who perform righteousness. “In the midst of the paths of justice” (Proverbs 8:20), the Torah in the middle and justice before it and after it; before it, as it is stated: “There He instituted for it statutes and ordinances,” justice after it, as it is stated: “These are the ordinances.”
דָּבָר אַחֵר, וְאֵלֶּה הַמִּשְׁפָּטִים, שְׁלשָׁה דְּבָרִים נָתַן משֶׁה נַפְשׁוֹ עֲלֵיהֶם וְנִקְרְאוּ עַל שְׁמוֹ, וְאֵלּוּ הֵן, יִשְׂרָאֵל וְהַתּוֹרָה וְהַדִּינִים. יִשְׂרָאֵל, כַּמָּה נִצְטָעֵר עֲלֵיהֶם וְנִקְרְאוּ עַל שְׁמוֹ, שֶׁנֶּאֱמַר (ישעיה סג, יא): וַיִּזְכֹּר יְמֵי עוֹלָם משֶׁה עַמּוֹ. הַתּוֹרָה, שֶׁנֶּאֱמַר (מלאכי ג, כב): זִכְרוּ תּוֹרַת משֶׁה עַבְדִי. הַדִּינִין, שֶׁנֶּאֱמַר: וְאֵלֶּה הַמִּשְׁפָּטִים אֲשֶׁר תָּשִׂים לִפְנֵיהֶם. וְכֵן אֶסְתֵּר נָתְנָה נַפְשָׁהּ עַל יִשְׂרָאֵל וְנִקְרְאוּ עַל שְׁמָהּ, שֶׁנֶּאֱמַר (אסתר ד, ח): וּלְבַקֵּשׁ מִלְּפָנָיו עַל עַמָּהּ.
Another matter, “these are [ve’eleh] the ordinances.” There were three matters to which Moses devoted his life, and they are called by his name. These are: Israel, the Torah, and the laws. Israel, how much he suffered on their account, and they were called by his name, as it is stated: “He remembered the days of old, Moses, his people” (Isaiah 63:11). Torah, as it is stated: “Remember the Torah of Moses My servant” (Malachi 3:22). The laws, as it is stated: “These are the ordinances that you shall place before them.” Likewise, Esther devoted her life on behalf of Israel and they were called by her name, as it is stated: “To plead with him on behalf of her people” (Esther 4:8).
בּוֹא וּרְאֵה כַּמָּה מְשֻׁבַּחַת פָּרָשָׁה זוֹ, כַּמָּה פָּרָשִׁיּוֹת בָּהּ וְכַמָּה אַזְהָרוֹת הִזְהִיר הַקָּדוֹשׁ בָּרוּךְ הוּא לְיִשְׂרָאֵל בְּפָרָשָׁה זוֹ (שמות כא, ב): כִּי תִקְנֶה עֶבֶד עִבְרִי, (שמות כא, ז): כִּי יִמְכֹּר אִישׁ אֶת בִּתּוֹ לְאָמָה, (שמות כא, טו): וּמַכֵּה אָבִיו. וּמָה עִנְיַן אֵלּוּ לְאֵלּוּ, אָמַר לָהֶם הַקָּדוֹשׁ בָּרוּךְ הוּא לְיִשְׂרָאֵל אֲנִי קָנִיתִי אֶתְכֶם בְּמִצְרַיִם בְּעֶשֶׂר מַכּוֹת שֶׁהֶרְאֵיתִי, שֶׁנֶּאֱמַר (תהלים קלט, יד): נִפְלָאִים מַעֲשֶׂיךָ וְנַפְשִׁי יֹדַעַת מְאֹד, כְּשֵׁם שֶׁאַתֶּם מְצֻוִּים לֹא תַעֲבֹד בְּאָחִיךָ יוֹתֵר מִשֵּׁשׁ שָׁנִים, שֶׁלֹא בָּרָאתִי אֶת הָעוֹלָם אֶלָּא לְשִׁשָּׁה יָמִים, לְפִיכָךְ נָתַתִּי לְךָ שֵׁשׁ שָׁנִים שֶׁתְּהֵא רַשַּׁאי לַעֲבֹד בְּעֶבֶד עִבְרִי. כִּי יִמְכֹּר אִישׁ אֶת בִּתּוֹ לְאָמָה, בַּת אַחַת הָיְתָה לִי וּמְכַרְתִּיהָ לָכֶם שֶׁאֵין אַתֶּם מוֹצִיאִין אוֹתָהּ אֶלָּא חֲבוּשָׁה בָּאָרוֹן. (שמות כא, ז): לֹא תֵצֵא כְּצֵאת הָעֲבָדִים, נַהֲגוּ בָּהּ כָּבוֹד שֶׁשְּׁבִיתֶם אוֹתָהּ מֵאֶצְלִי, שֶׁנֶּאֱמַר (תהלים סח, יט): עָלִיתָ לַמָּרוֹם שָׁבִיתָ שֶׁבִי. וְכֵן דָּוִד מְשַׁבֵּחַ (תהלים קמז, א): הַלְּלוּיָה כִּי טוֹב זַמְרָה אֱלֹהֵינוּ כִּי נָעִים. רַבִּי שְׁמוּאֵל אוֹמֵר הִזְהִיר הַקָּדוֹשׁ בָּרוּךְ הוּא קַל בְּחָמוּר, שֶׁהַרְבֵּה אַזְהָרוֹת יֵשׁ כָּאן, כְּגוֹן מַכֵּה אָבִיו וְאִמּוֹ, אָמַר הַקָּדוֹשׁ בָּרוּךְ הוּא חָם אֲבִי כְנָעַן לֹא הִכָּה אֶלָּא רָאָה בִּלְבָד עַכְשָׁיו הוּא וּבָנָיו עֲבָדִים לְעוֹלָם, הַמְקַלֵּל וְהַמַּכֶּה עַל אַחַת כַּמָּה וְכַמָּה, וּמִי הָיוּ, אֵלּוּ עֲשֶׂרֶת הַשְּׁבָטִים שֶׁלֹא רָצוּ לִתֵּן עֲלֵיהֶם עֻלּוֹ שֶׁל הַקָּדוֹשׁ בָּרוּךְ הוּא וּבָא סַנְחֵרִיב עֲלֵיהֶם וְהֶגְלָם, מָשָׁל לְמֶלֶךְ שֶׁהָיוּ לוֹ עֲשָׂרָה בָּנִים וּמָרְדוּ בוֹ וּבִטְלוּ עֶשֶׂר דְּיוּטַגְמָאוֹת שֶׁלּוֹ, אָמַר לָהֶם כְּשֵׁם שֶׁבִּטַּלְתֶּם שֶׁלִּי כָּךְ אֲנִי מְשַׁלֵּחַ לַזְּבוּב וְיִפָּרַע מִכֶּם. כָּךְ עֲשֶׂרֶת הַשְּׁבָטִים מָרְדוּ בְּהַקָּדוֹשׁ בָּרוּךְ הוּא וּבִטְלוּ אֶת הַתּוֹרָה, שֶׁנֶּאֱמַר (ירמיה ה, יב): כִּחֲשׁוּ בַּה' וַיֹּאמְרוּ לוֹא הוּא, הֵבִיא עֲלֵיהֶם הַזְּבוּב, שֶׁנֶּאֱמַר (ישעיה ז, יח): יִשְׁרֹק ה' לַזְּבוּב, זֶה סַנְחֵרִיב, הֱוֵי אִם בִּטְלוּ יִשְׂרָאֵל אֶת הַמִּצְווֹת כְּאִלּוּ מְקַלְּלִין אָב וָאֵם, וְאֵין אָב אֶלָּא הַקָּדוֹשׁ בָּרוּךְ הוּא, שֶׁנֶּאֱמַר (ישעיה סד, ז): וְעַתָּה ה' אָבִינוּ אָתָּה, וְאֵם זוֹ הַתּוֹרָה, שֶׁנֶּאֱמַר (משלי א, ח): וְאַל תִּטּשׁ תּוֹרַת אִמֶּךָ, וְהִיא מְגֻדֶּלֶת בְּסִינַי, שֶׁנֶּאֱמַר (משלי ד, יא): בְּדֶרֶךְ חָכְמָה הֹרֵיתִיךָ.
Come and see how excellent this portion is. How many sections are in it, and how many prohibitions the Holy One blessed be He cautioned Israel in this portion: “If you purchase a Hebrew slave” (Exodus 21:2); “if a man sells his daughter as a maidservant” (Exodus 21:7); “one who strikes his father” (Exodus 21:15).
What does this matter have in common with that? The Holy One blessed be He said to Israel: ‘I acquired you in Egypt with the ten plagues that I displayed, as it is stated: “Wondrous are Your works; I know this well” (Psalms 139:14).16The previous verse in Psalms states: “For you have formed [kanita] my innermost parts.” The word kanita can also be translated “you have acquired.” Thus, the midrash is interpreting these two verses to mean that God has acquired us through His wondrous works, i.e. the ten plagues, which are referred to as wonders (see Exodus 3:20). Just as you are commanded not to enslave your brother more than six years,17Some suggest that the text should read: Just as you are commanded to work six days and rest on the seventh (Yefe Toar). as I created the world in only six days; therefore, I granted you six years that you are permitted to enslave a Hebrew slave. “If a man sells his daughter as a maidservant,” I had one daughter18The Torah. and I sold her to you so that you do not take her out, but rather she is stored in the Ark. “She shall not be released like the release of the slaves” (Exodus 21:7). Treat her with respect, as you took her captive from Me, as it is stated: “You ascended on high; You took captives”’ (Psalms 68:19). Likewise, David praises: “Halleluya, for it is good to sing to our God, for it is pleasant” (Psalms 147:1).19The penultimate verse of the psalm states: “He declares His word to Jacob, His statutes and His ordinances to Israel” (Psalms 147:19). The midrash thus asserts that the reason it is good to sing to God is because of the laws of the Torah.
Rabbi Shmuel says: The Holy One blessed be He cautioned them regarding lenient matters with stringent matters, as there are many prohibitions here. For example, “one who strikes his father or his mother [shall be put to death]” (Exodus 21:15). The Holy One blessed be He said: ‘Ham, father of Canaan did not strike, but merely saw, and now he and his descendants are slaves forever,20Ham saw the nakedness of his father, Noah, and as a result was cursed with everlasting servitude (see Genesis 9:22–25). one who curses or strikes all the more so.’ Who were they?21Which Israelites are compared to people who were guilty of improperly treating their father, i.e. God. These were the Ten Tribes, who did not want to place upon themselves the yoke of the Holy One blessed be He, and Sennacheribcame upon them and exiled them. This is analogous to a king who had ten sons and they rebelled against him, and they annulled ten of his royal edicts. He said to them: ‘Just as you annulled what is mine, so I will send a fly and exact retribution from you.’ So too, the Ten Tribes rebelled against the Holy One blessed be He and nullified the Torah, as it is stated: “They denied the Lord, and they said: It is not Him” (Jeremiah 5:12). He brought the fly upon them, as it is stated: “The Lord will whistle for the fly” (Isaiah 7:18), this is Sennacherib. If Israel nullified the mitzvot it is as though they are cursing their father and mother. Father is no one other than the Holy One blessed be He, as it is stated: “Now, Lord, You are our Father” (Isaiah 64:7). Mother is the Torah, as it is stated: “Do not forsake the Torah of your mother” (Proverbs 1:8). And she raises you at Sinai, as it is stated: “I have instructed you [horeitikha]22Horeitikha is expounded as an allusion to pregnancy [herayon]; the Torah is its mother. in the way of wisdom” (Proverbs 4:11).
בּוֹא וּרְאֵה כַּמָּה צִוָּה הַקָּדוֹשׁ בָּרוּךְ הוּא בְּפָרָשָׁה זוֹ עַל כָּל דָּבָר וְדָבָר, שֶׁנֶּאֱמַר: וְכִי יִנָּצוּ אֲנָשִׁים וְנָגְפוּ אִשָּׁה הָרָה, אִם מֵתָה (משלי ד, כג): וְנָתַתָּ נֶפֶשׁ תַּחַת נָפֶשׁ, וְאִם לֹא מֵתָה עוֹנְשִׁין אוֹתוֹ מָמוֹן, עַד עַכְשָׁיו לֹא רָאָה הָאוֹר אֶלָּא נָתוּן בִּמְעֵי אִמּוֹ, שֶׁבְּכָל דָּבָר וְדָבָר הַתּוֹרָה מַזְהֶרֶת לְיִשְׂרָאֵל, מָשָׁל לְבֶן מְלָכִים שֶׁהִזְהִירוֹ אָבִיו שֶׁלֹא יִתָּקֵל בְּכָל דָּבָר וְיִלְקֶה וְהוּא חָבִיב עָלָיו כְּבָבַת עֵינוֹ, כָּךְ הַקָּדוֹשׁ בָּרוּךְ הוּא הִזְהִיר לְיִשְׂרָאֵל עַל הַמִּצְווֹת, לָמָּה, שֶׁהֵן חֲבִיבִין עָלָיו יוֹתֵר מִן הַמַּלְאָכִים, שֶׁנֶּאֱמַר (דברים יד, א): בָּנִים אַתֶּם לַה' אֱלֹהֵיכֶם. וְכֵן דָּוִד אָמַר (תהלים צט, ח): ה' אֱלֹהֵינוּ אַתָּה עֲנִיתָם אֵל נוֹשֵׂא הָיִיתָ לָהֶם וְנֹקֵם עַל עֲלִילוֹתָם.
“If men fight and they strike a pregnant woman and her children are miscarried, but there is no fatality, he shall be fined; as the husband of the woman shall impose upon him, he shall give in court” (Exodus 21:22).
“But if there will be a fatality, you shall give a life for a life” (Exodus 21:23).
Come and see how much the Holy One blessed be He commanded in this portion regarding each and every matter, as it is stated: “If men fight and they strike a pregnant woman” (Exodus 21:22). If she dies, “you shall give a life for a life” (Exodus 21:23), but if she does not die, he is punished with a monetary payment. Until this point, he has not seen the light, but rather, is in his mother’s womb, as the Torah cautions Israel regarding each and every matter.23If the woman miscarries, since the fetus had not been born there is no death penalty for the attacker, but nonetheless the Torah provides a punishment. This is analogous to a prince whose father cautioned him not to collide with anything and get injured, as he is so dear to him, the apple of his eye. So too, the Holy One blessed be He cautioned Israel regarding the mitzvot. Why? Because they are more dear to Him than the angels, as it is stated: “You are children to the Lord your God” (Deuteronomy 14:1). Likewise, David said: “Lord our God, You answered them. You were a forgiving God to them, but You took vengeance for their misdeeds [alilotam]” (Psalms 99:8).24Because You elevated them due to Your love for them, you punish them even for harming fetuses [olalim] in their mothers’ wombs.
רַבִּי יְהוּדָה אוֹמֵר אָמְרוּ יִשְׂרָאֵל לְהַקָּדוֹשׁ בָּרוּךְ הוּא הַרְבֵּה דִינֵי מִצְווֹת יֵשׁ כָּאן (שמות כא, לז): כִּי יִגְנֹב אִישׁ שׁוֹר אוֹ שֶׂה, לְפִי שֶׁשּׁוֹר גָּנַבְנוּ וְעָשִׂינוּ עֵגֶל, לְפִיכָךְ חֲמִשָּׁה בָּקָר שִׁלַּמְנוּ תַּחְתָּיו, שֶׁמֵּתוּ תַּחְתָּיו אֲבוֹתֵינוּ בַּמִּדְבָּר, (שמות כא, לז): וְאַרְבַּע צֹאן תַּחַת הַשֶֹּׂה, אַרְבַּע מַלְכֻיּוֹת שֶׁמָּלְכוּ בָנוּ, וְשֶׁגָּנַבְנוּ לְיוֹסֵף עָשִׂינוּ אַרְבַּע מֵאוֹת שָׁנָה מְשֻׁעְבָּדִים בְּמִצְרַיִם. וְלָמָּה בְּשׁוֹר נוֹתֵן חֲמִשָּׁה וּבְשֶׂה אֵינוֹ נוֹתֵן אֶלָּא אַרְבָּעָה, בְּשׁוֹר נוֹתֵן חֲמִשָּׁה שֶׁהוּא מוֹצִיאוֹ בְּפַרְהֶסְיָא, מָשָׁל לִשְׁנַיִם שֶׁעָלוּ לַבִּימָה לִדּוֹן, אֶחָד שֶׁמָּכַר בְּנוֹ שֶׁל שַׂר וְאֶחָד שֶׁזָּרַק אֶבֶן בְּאִיקוֹנִין שֶׁל שַׂר, אוֹתוֹ שֶׁזָּרַק אֶבֶן בָּאִיקוֹנִין שֶׁל שַׂר לָקַח חֲמִשָּׁה קָטָפוֹרָס, וְאוֹתוֹ שֶׁמָּכַר בְּנוֹ שֶׁל שַׂר מְשַׁלֵּם אַרְבַּע מֵאוֹת לְרַבּוֹ, לְכָךְ כְּתִיב: חֲמִשָּׁה בָקָר, אָמַר דָּוִד (תהלים קמג, ב): וְאַל תָּבוֹא בְמִשְׁפָּט אֶת עַבְדֶּךָ.
“If a man steals an ox or a sheep and slaughters it or sells it, he shall pay five cattle for the ox and four sheep for the sheep” (Exodus 21:37).
Rabbi Yehuda says: Israel said to the Holy One blessed be He: ‘There are many laws of mitzvot here. “If a man steals an ox,” because we stole an ox and crafted a calf,25The midrash asserts that when God revealed Himself on Sinai He descended in the heavenly chariot, which is drawn by four creatures, one of which resembles an ox. The Israelites fashioned the golden calf after this form on the divine chariot (see Shemot Rabba 3:2; 48:6). Thus, the sin of the golden calf is compared to theft, as though they stole the ox from the heavenly chariot (Yefe To’ar). therefore, we paid fivefold for it, as our fathers died in the wilderness because of it.26Although the punishment was administered for the sin of the spies, it included punishment for the sin of the golden calf as well. “And four sheep for the sheep,” the four kingdoms that have ruled over us.27Thus, Israel paid fourfold and fivefold for the sin of the golden calf. And for abducting Joseph, we spent four hundred years enslaved in Egypt.28Joseph is referred to as a flock (see Psalms 80:2). The four hundred years are considered as having paid fourfold for his abduction.
Why for the ox does one give fivefold, and for the sheep he gives only fourfold? For the ox he gives fivefold because he takes it out in public. This is analogous to two who went up to the podium for judgment, one who sold the son of a prince and one who cast a stone at a statue of the prince. The one who cast the stone at the statue of the prince received five harsh lashes, and the one who sold the son of the prince paid four hundred to his master.29Although the one who abducted and sold the prince committed an act that was inherently more severe, the individual who threw the stone received the harsher punishment. This was because his act was performed in public and therefore constituted a greater denigration to the honor of the prince. That is why it is written: “Five cattle” (Exodus 21:37). David said: “Do not enter into judgment with Your servant” (Psalms 143:2).
כָּל אַלְמָנָה וְיָתוֹם לֹא תְעַנּוּן, רַבִּי יוֹסֵי אוֹמֵר לָמָּה אֹהֵב אֱלֹהִים יְתוֹמִים וְאַלְמָנוֹת אֶלָּא שֶׁאֵין עֵינֵיהֶם תְּלוּיוֹת אֶלָּא בּוֹ, שֶׁנֶּאֱמַר (תהלים סח, ו): אֲבִי יְתוֹמִים וְדַיַּן אַלְמָנוֹת, לְכָךְ כָּל הַגּוֹזְלָן כְּאִלּוּ גּוֹזֵל לְהַקָּדוֹשׁ בָּרוּךְ הוּא שֶׁהוּא אֲבִיהֶם שֶׁבַּשָּׁמַיִם וְהוּא כּוֹעֵס עָלָיו, שֶׁנֶּאֱמַר (שמות כב, כג): וְחָרָה אַפִּי וְהָרַגְתִּי אֶתְכֶם, מָשָׁל לְבַת מְלָכִים שֶׁסָּרְחָה עַל אָבִיהָ וְהָיוּ לָהּ בָּנִים וְטָרְפָה אוֹתָם עָלָיו וְהָלְכָה לָהּ, כְּשֶׁהוּא רוֹאֶה אוֹתָם כְּאִלּוּ רוֹאֶה אֶת בִּתּוֹ לְפָנָיו, וּמִי שֶׁהוּא נוֹגֵעַ בָּהֶן נִפְרַע מִמֶּנּוּ. כָּךְ יִשְׂרָאֵל הָיוּ בְּצִיּוֹן וְהַקָּדוֹשׁ בָּרוּךְ הוּא שָׁרוּי בֵּינֵיהֶן, שֶׁנֶּאֱמַר (תהלים קלב, יד): זֹאת מְנוּחָתִי עֲדֵי עַד, וְכֵיוָן שֶׁחָטְאוּ טָרְפָה אַף הִיא הִשְׁלִיכָה בָנֶיהָ עָלָיו, שֶׁנֶּאֱמַר (איכה ה, ג): יְתוֹמִים הָיִינוּ וְאֵין אָב אִמֹּתֵינוּ כְּאַלְמָנוֹת, וּכְשֶׁהוּא רוֹאֶה לְיִשְׂרָאֵל שֶׁעוֹשִׂים מִצְוֹתָיו מִתְנַחֵם עַל מַה שֶּׁעָשָׂה בְּצִיּוֹן וּמְבַקֵּשׁ לָהּ זְכוּת, שֶׁנֶּאֱמַר (זכריה ח, ג): שַׁבְתִּי אֶל צִיּוֹן וְשָׁכַנְתִּי בְּתוֹךְ יְרוּשָׁלָיִם. וְכֵן דָּוִד אוֹמֵר (תהלים קכו, ד): שׁוּבָה ה' אֶת שְׁבִיתֵנוּ.
“You shall not afflict any widow or orphan” (Exodus 22:21).
“You shall not afflict any widow or orphan.” Rabbi Yosei says: Why does God love orphans and widows? It is because their eyes are directed exclusively to Him, as it is stated: “Father of orphans, Judge of widows” (Psalms 68:6). Therefore, anyone who robs them, robs the Holy One blessed be He, as He is their Father in Heaven, and He becomes angry with him, as it is stated: “My wrath will be enflamed and I will kill you” (Exodus 22:23). This is analogous to the daughter of kings who sinned against her father and he banished her.30This translation is based on an emendation to the Hebrew text accepted by many commentaries (see Yefe To’ar; Rabbi David Luria; Maharzu). She had children and she cast them upon him and left. When [the king] would see them, it was as though he would see his daughter before him. If anyone would touch them, [the king] would exact retribution against him. So too, Israel was in Zion and the Holy One blessed be He was resting in their midst, as it is stated: “This is My resting place forever” (Psalms 132:14). When they sinned, He banished them, and they cast their children upon Him, as it is stated: “We have become orphans, with no father; our mothers are like widows” (Lamentations 5:3). When He sees Israel performing mitzvot, He regrets what He did in Zion and seeks merit for it, as it is stated: “I have returned to Zion, I will dwell in the midst of Jerusalem” (Zechariah 8:3). Likewise David said: “Return, Lord, our captives” (Psalms 126:4).31This is expounded to mean that the Lord should return His presence to Zion while He is returning the Jewish captives.
דָּבָר אַחֵר, וְאֵלֶּה הַמִּשְׁפָּטִים, הֲדָא הוּא דִכְתִיב (תהלים קמז, יט): מַגִּיד דְּבָרָיו לְיַעֲקֹב, אֵלּוּ הַדִּבְּרוֹת. (תהלים קמז, יט): חֻקָּיו וּמִשְׁפָּטָיו לְיִשְׂרָאֵל, אֵלּוּ הַמִּשְׁפָּטִים. לְפִי שֶׁאֵין מִדּוֹתָיו שֶׁל הַקָּדוֹשׁ בָּרוּךְ הוּא כְּמִדַּת בָּשָׂר וָדָם, מִדַּת בָּשָׂר וָדָם מוֹרֶה לַאֲחֵרִים לַעֲשׂוֹת וְהוּא אֵינוֹ עוֹשֶׂה כְלוּם, וְהַקָּדוֹשׁ בָּרוּךְ הוּא אֵינוֹ כֵן אֶלָּא מַה שֶּׁהוּא עוֹשֶׂה הוּא אוֹמֵר לְיִשְׂרָאֵל לַעֲשׂוֹת וְלִשְׁמֹר. מַעֲשֶׂה בְּרַבָּן גַּמְלִיאֵל וְרַבִּי יְהוֹשֻׁעַ וְרַבִּי אֶלְעָזָר בֶּן עֲזַרְיָה וְרַבִּי עֲקִיבָא שֶׁהָלְכוּ לְרוֹמִי וְדָרְשׁוּ שָׁם אֵין דְּרָכָיו שֶׁל הַקָּדוֹשׁ בָּרוּךְ הוּא כְּבָשָׂר וְדָם שֶׁהוּא גוֹזֵר גְּזֵרָה וְהוּא אוֹמֵר לַאֲחֵרִים לַעֲשׂוֹת וְהוּא אֵינוֹ עוֹשֶׂה כְלוּם וְהַקָּדוֹשׁ בָּרוּךְ הוּא אֵינוֹ כֵן. הָיָה שָׁם מִין אֶחָד אַחַר שֶׁיָּצְאוּ אָמַר לָהֶם אֵין דִּבְרֵיכֶם אֶלָּא כָּזָב, לֹא אֲמַרְתֶּם אֱלֹהִים אוֹמֵר וְעוֹשֶׂה, לָמָּה אֵינוֹ מְשַׁמֵּר אֶת הַשַּׁבָּת. אָמְרוּ לוֹ רָשָׁע שֶׁבָּעוֹלָם אֵין אָדָם רַשַּׁאי לְטַלְטֵל בְּתוֹךְ חֲצֵרוֹ בְּשַׁבָּת, אָמַר לָהֶם הֵן, אָמְרוּ לוֹ הָעֶלְיוֹנִים וְהַתַּחְתּוֹנִים חֲצֵרוֹ שֶׁל הַקָּדוֹשׁ בָּרוּךְ הוּא, שֶׁנֶּאֱמַר (ישעיה ו, ג): מְלֹא כָל הָאָרֶץ כְּבוֹדוֹ, וַאֲפִלּוּ אָדָם עוֹבֵר עֲבֵרָה, אֵינוֹ מְטַלְטֵל מְלוֹא קוֹמָתוֹ, אָמַר לָהֶם הֵן, אָמְרוּ לוֹ כְּתִיב (ירמיה כג, כד): הֲלוֹא אֶת הַשָּׁמַיִם וְאֶת הָאָרֶץ אֲנִי מָלֵא. דָּבָר אַחֵר, מַגִּיד דְּבָרָיו לְיַעֲקֹב, אָמַר רַבִּי אַבָּהוּ בְּשֵׁם רַבִּי יוֹסֵי בַּר רַבִּי חֲנִינָא, מָשָׁל לְמֶלֶךְ שֶׁהָיָה לוֹ פַּרְדֵּס וְהָיָה נוֹטֵעַ בּוֹ כָּל מִינֵי אִילָנוֹת וְלֹא הָיָה נִכְנַס לְתוֹכוֹ אֶלָא הוּא, שֶׁהָיָה מְשַׁמְּרוֹ, מִשֶּׁעָמְדוּ בָנָיו עַל פִּרְקָן, אָמַר לָהֶם בָּנַי הַפַּרְדֵּס הַזֶּה אֲנִי הָיִיתִי מְשַׁמְּרוֹ וְלֹא הִנַּחְתִּי אָדָם לְהִכָּנֵס בְּתוֹכוֹ, אַתֶּם תִּהְיוּ מְשַׁמְּרִין אוֹתוֹ כְּדֶרֶךְ שֶׁהָיִיתִי אֲנִי מְשַׁמְּרוֹ. כָּךְ אָמַר הָאֱלֹהִים לְיִשְׂרָאֵל עַד שֶׁלֹא בָּרָאתִי אֶת הָעוֹלָם הַזֶּה הִתְקַנְתִּי אֶת הַתּוֹרָה, שֶׁנֶּאֱמַר (משלי ח, ל): וָאֶהְיֶה אֶצְלוֹ אָמוֹן, מַהוּ אָמוֹן, אוֹמֵן, שֶׁנֶּאֱמַר (במדבר יא, יב): כַּאֲשֶׁר יִשָֹּׂא הָאֹמֵן אֶת הַיֹּנֵק, לֹא נְתַתִּיהָ לְאֶחָד מִן עוֹבְדֵי כּוֹכָבִים אֶלָּא לְיִשְׂרָאֵל, שֶׁכֵּיוָן שֶׁעָמְדוּ יִשְׂרָאֵל וְאָמְרוּ (שמות כד, ז): כֹּל אֲשֶׁר דִּבֶּר ה' נַעֲשֶׂה וְנִשְׁמָע, מִיָּד נְתָנָהּ לָהֶם, הֱוֵי: מַגִּיד דְּבָרָיו לְיַעֲקֹב חֻקָּיו וּמִשְׁפָּטָיו לְיִשְׂרָאֵל לֹא עָשָׂה כֵן לְכָל גּוֹי, אֶלָא לְמִי, לְיַעֲקֹב, שֶׁבְּחָרוֹ מִכָּל הָעוֹבְדֵי כּוֹכָבִים, וְלֹא נָתַן לָהֶם אֶלָּא מִקְצָת, נָתַן לְאָדָם שֵׁשׁ מִצְווֹת, הוֹסִיף לְנֹחַ אַחַת, לְאַבְרָהָם שְׁמוֹנֶה, לְיַעֲקֹב תֵּשַׁע, אֲבָל לְיִשְׂרָאֵל נָתַן לָהֶם הַכֹּל. אָמַר רַבִּי סִימוֹן בְּשֵׁם רַבִּי חֲנִינָא מָשָׁל לְמֶלֶךְ שֶׁהָיָה לְפָנָיו שֻׁלְחָן עָרוּךְ וּמִינֵי תַּבְשִׁילִין, נִכְנַס עַבְדוֹ נָתַן לוֹ חֲתִיכָה. שֵׁנִי, נָתַן לוֹ בֵּיצָה. שְׁלִישִׁי, נָתַן לוֹ יָרָק, וְכֵן לְכָל אֶחָד וְאֶחָד. נִכְנַס בְּנוֹ נָתַן לוֹ כָּל הַשֻּׁלְחָן לְפָנָיו, אָמַר לוֹ לָאֵלּוּ נָתַתִּי מָנָה מָנָה, אֲבָל אֶת הַכֹּל נָתַתִּי בִּרְשׁוּתְךָ. כָּךְ הַקָּדוֹשׁ בָּרוּךְ הוּא לֹא נָתַן לְעוֹבְדֵי כּוֹכָבִים אֶלָּא מִקְצַת מִצְווֹת, אֲבָל כְּשֶׁעָמְדוּ יִשְׂרָאֵל אָמַר לָהֶם הֲרֵי כָּל הַתּוֹרָה כֻּלָּהּ לָכֶם, שֶׁנֶּאֱמַר: לֹא עָשָׂה כֵן לְכָל גּוֹי. אָמַר רַבִּי אֶלְעָזָר מָשָׁל לְמֶלֶךְ שֶׁיָּצָא לְמִלְחָמָה וְהָיוּ הַלִּגְיוֹנוֹת עִמּוֹ, וְהָיָה שׁוֹחֵט בְּהֵמָה וְהָיָה מְחַלֵּק לְכָל אֶחָד וְאֶחָד מָנָה כְּדֵי שֶׁיַּגִּיעַ, הֵצִיץ בְּנוֹ וְאָמַר לוֹ מָה אַתָּה נוֹתֵן לִי, אָמַר לוֹ מִמַּה שֶּׁהִתְקַנְתִּי לְעַצְמִי. לְפִיכָךְ נָתַן הָאֱלֹהִים לְעוֹבְדֵי כּוֹכָבִים מִצְווֹת גָּלְמִיּוֹת שֶׁיִּיגְעוּ בָּהֶן וְלֹא הִפְרִישׁ בָּהֶן בֵּין טֻמְאָה לְטָהֳרָה, בָּאוּ יִשְׂרָאֵל וּפֵרַשׁ לָהֶם הַמִּצְווֹת כָּל אַחַת וְאַחַת, עָנְשָׁהּ וּמַתַּן שְׂכָרָהּ, שֶׁנֶּאֱמַר (שיר השירים א, ב): יִשָּׁקֵנִי מִנְּשִׁיקוֹת פִּיהוּ, לְכָךְ נֶאֱמַר: חֻקָּיו וּמִשְׁפָּטָיו לְיִשְׂרָאֵל.
Another matter, “these are the ordinances” (Exodus 21:1), that is what is written: “He declares His words to Jacob” (Psalms 147:19); these are the commandments, “His statutes and ordinances to Israel” (Psalms 147:19); these are the ordinances. Because the attributes of the Holy One blessed be He are unlike the attributes of flesh and blood. The attribute of flesh and blood is that he instructs others to perform, but he does not perform anything. The Holy One blessed be He is not so. What He performs, He says to Israel to perform and to observe. There was an incident involving Rabban Gamliel, Rabbi Yehoshua, Rabbi Elazar ben Azarya, and Rabbi Akiva, who went to Rome and expounded: ‘The ways of the Holy One blessed be He are unlike flesh and blood, as they issue an edict and say to others to perform, but the Holy One blessed be He is not so.’ There was a particular heretic there. After [the audience] departed, he said to [the rabbis]: ‘Your words are nothing but falsehood. Did you not say that God says and performs? Why does He not observe Shabbat?’32God brings rain, makes the wind blow, the heavenly bodies pass through the sky, and all of these violate the prohibition of carrying from one domain to another or within a public domain on Shabbat (Etz Yosef). They said to him: ‘Wicked one of the world, is a person not permitted to carry within his courtyard on Shabbat?’ He said to them: ‘Yes.’ They said to him: ‘The upper and lower realms are the courtyard of the Holy One blessed be He, as it is stated: “The entire world is filled with His glory” (Isaiah 6:3). And is it not so that even if a person is in a [location where it is] forbidden [to carry]33The public domain. he may carry a distance equivalent to his height?’34One may carry an object in the public domain a distance less than four cubits. He said to them: ‘Yes.’ They said to him: ‘It is written: “Do I not fill the heavens and the earth?”’ (Jeremiah 23:24).
Another matter, “He declares His words to Jacob” (Psalms 147:19); Rabbi Abahu said in the name of Rabbi Yosei bar Rabbi Ḥanina: This is analogous to a king who had an orchard and he would plant in it all kinds of trees. Only he would enter it, as he guarded it. When his sons came of age, he said to them: ‘My sons, I have been guarding this orchard and I have not allowed any person to enter into it. You shall guard it in the manner that I have guarded it.’ So too, God said to Israel: ‘Before I created this world, I established the Torah,’ as it is stated: “I was with Him as a nursling [amon]” (Proverbs 8:30). What is amon? It is a nurse [omen], as it is stated: “As a nurse [omen] carries a nursing child” (Numbers 11:12). ‘I did not give it to any of the idolaters, but only to Israel,’ as once Israel stood and said: “Everything that the Lord has spoken we will perform and we will heed” (Exodus 24:7), He immediately gave them [the Torah]. That is, “He declares His words to Jacob, His statutes and ordinances to Israel. He did not do so with any other nation” (Psalms 147:19–20), but to whom? To Jacob, whom He chose over all the idolaters. He gave [the other nations] only a few [commandments]. He gave Adam six mitzvot.35The six were: The prohibition of idol worship; the prohibition of murder; the prohibition of incest and adultery; the prohibition of robbery and kidnapping; the prohibition of blasphemy; the obligation to establish courts of law. He added one for Noah;36He added the prohibition against eating a limb from a living animal. for Abraham, eight,37He added the mitzva of circumcision. for Jacob, nine.38He added the prohibition against eating the sciatic nerve of an animal. But to Israel, He gave them everything.
Rabbi Simon said in the name of Rabbi Ḥanina: This is analogous to a king who had a table set before him with types of cooked dishes. His servant entered and he gave him a piece. The second, he gave him an egg. The third, he gave him a vegetable, and likewise to each and every one. When his son entered, he gave him the entire table that was before him. He said to him: ‘To each of them I gave one portion, but I have placed everything in your possession.’ So too, the Holy One blessed be He gave to the idolaters only a few mitzvot. But when Israel arose, He said to them: ‘The whole Torah in its entirety is for you,’ as it is stated: “He did not do so with any other nation.”
Rabbi Elazar said: This is analogous to a king who went out to war and his legions were with him. He would slaughter an animal and would distribute to each and every one of them a portion, for him to toil in its preparation. His son looked and said to him: ‘What are you giving me?’ He said to him: ‘From what I prepared for myself.’ Therefore, the Holy One blessed be He gave the idolaters crude mitzvot,39These mitzvot were given to the nations but their details were not defined; that was left for the nations to figure out. Alternatively, He gave them rudimentary mitzvot only. in which they would toil.40They would need to toil to define them. He did not distinguish for them between ritual impurity and purity. Israel came and He explained each and every one of the mitzvot to them, its punishment and its reward, as it is stated: “May he kiss me with the kisses of his mouth” (Song of Songs 1:2). That is why it says: “His statutes and His ordinances to Israel.”
דָּבָר אַחֵר, וְאֵלֶּה, מַהוּ וְאֵלֶּה, בּוֹא וּרְאֵה כַּמָּה חִבֵּב הַקָּדוֹשׁ בָּרוּךְ הוּא לְמשֶׁה, שֶׁבְּשָׁעָה שֶׁחִסְּדוּ אוֹתוֹ דָּתָן וַאֲבִירָם בְּמִצְרַיִם, שֶׁאָמְרוּ לוֹ (שמות ב, יד): מִי שָׂמְךָ לְאִישׁ שַׂר וְשֹׁפֵט עָלֵינוּ, אָמַר לָהֶם הַקָּדוֹשׁ בָּרוּךְ הוּא בָּזֶה שֶׁחִסַּדְתֶּם אוֹתוֹ, אֲנִי נוֹתֵן לוֹ גְּדֻלָּה, שֶׁנֶּאֱמַר: וְאֵלֶּה הַמִּשְׁפָּטִים, דָּבָר אַחֵר, וְאֵלֶּה הַמִּשְׁפָּטִים, לְפִי שֶׁשָּׁמַע משֶׁה מִיִּתְרוֹ שֶׁאָמַר (שמות יח, כא): וְאַתָּה תֶחֱזֶה מִכָּל הָעָם, אַרְבַּע מִדּוֹת אָמַר לוֹ וְלֹא מָצָא אֶלָּא אֶחָת, שֶׁנֶּאֱמַר (שמות יח, כה): וַיִּבְחַר משֶׁה אַנְשֵׁי חַיִל, וּמִנָּה אוֹתָם שׁוֹפְטִים עַל יִשְׂרָאֵל. אָמַר לוֹ הַקָּדוֹשׁ בָּרוּךְ הוּא נָתַתִּי לְךָ אֶת הַמִּשְׁפָּט, וְלַאֲחֵרִים מִנִּיתָ וְאֵינָן יוֹדְעִין, לֵךְ אַתָּה וְלַמְּדֵם, שֶׁנֶּאֱמַר: וְאֵלֶּה הַמִּשְׁפָּטִים.
Another matter, “these are [ve’eleh] [the ordinances],” what is ve’eleh? Come and see how much the Holy One blessed be He loved Moses. When Datan and Aviram demeaned him in Egypt, as they said to him: “Who appointed you to be a leader and a judge over us?” (Exodus 2:14), the Holy One blessed be He said to them: ‘With what you demeaned him, I will grant him greatness,’ as it is stated: “These are [ve’eleh] the ordinances.”41The midrash asserts that it was Datan and Aviram who demeaned Moses by saying: “Who appointed you [samkha] to be a leader and a judge [shofet] over us?” Moses received greatness in that he was the one to whom the verse: “These are the ordinances that you shall place [tasim] before them” was said. This is implied by the term ve’eleh, because the vav at the beginning of the word implies a connection to what had occurred earlier (see Shemot Rabba 30:3), and by the use of the term “place” [tasim], which is from the same root as “appointed you” [samkha].
Another matter, “these are the ordinances,” Moses heard Yitro say: “You shall identify from all the people [capable men, fearers of God, men of truth, haters of ill-gotten gain]” (Exodus 18:21). He said to him four attributes, but he found only one, as it is stated: “Moses selected capable men” (Exodus 18:25) and he appointed them judges over Israel. The Holy One blessed be He said to him: ‘I gave you [the duty of] judgment and you appointed others who do not know;42They do not know the laws and do not have all the necessary qualities to be ideal judges. you go and teach them.’ As it is stated: “These are the ordinances [that you shall place before them].”
דָּבָר אַחֵר, וְאֵלֶּה הַמִּשְׁפָּטִים (שמות יט, טז): וַיְהִי בַיּוֹם הַשְּׁלִישִׁי בִּהְיֹת הַבֹּקֶר, בַּבֹּקֶר נִתְּנָה הַתּוֹרָה וּבָעֶרֶב נִתְּנוּ הַמִּשְׁפָּטִים, הֲדָא הוּא דִכְתִיב (איוב ד, כ): מִבֹּקֶר לָעֶרֶב יֻכַּתּוּ, מָשָׁל לִשְׁנַיִם שֶׁיָּרְדוּ לִמְקָמָא, אֶחָד אֻמָּן וְאֶחָד הֶדְיוֹט, מִי גָּרַם לַהֶדְיוֹט לִלְקוֹת לְפִי שֶׁלֹא הָיָה לוֹ מִי שֶׁיְלַמְּדֶנּוּ. כָּךְ הַקָּדוֹשׁ בָּרוּךְ הוּא עָמַד עַל הַר סִינַי וּמַחֲזִיק בַּדִּין, שֶׁנֶּאֱמַר (דברים לב, מא): וְתֹאחֵז בְּמִשְׁפָּט יָדִי, אָמַר דָּוִד (תהלים ז, ט): שָׁפְטֵנִי ה' כְּצִדְקִי, בָּדַק וְלֹא הָיָה לוֹ שֶׁיְלַמְּדֶנּוּ וְלָקָה, הִתְחִיל צוֹוֵחַ (תהלים קמג, ב): וְאַל תָּבוֹא בְמִשְׁפָּט אֶת עַבְדֶּךָ, כָּל כָּךְ אֵימָתַי עַד שֶׁלֹא סִדֵּר לְפָנָיו אֶת הַמִּשְׁפָּטִים, לְקַיֵּם מַה שֶּׁנֶּאֱמַר: מִבֹּקֶר לָעֶרֶב יֻכַּתּוּ. דָּבָר אַחֵר, וְאֵלֶּה הַמִּשְׁפָּטִים, מַהוּ (איוב ד, כ): מִבְּלִי מֵשִׂים לָנֶצַח יֹאבֵדוּ, אָמַר אִיּוֹב לְהַקָּדוֹשׁ בָּרוּךְ הוּא (איוב כג, ג ד): מִי יִתֵּן יָדַעְתִּי וְאֶמְצָאֵהוּ, אֶעֶרְכָה לְפָנָיו מִשְׁפָּט, מָשָׁל לְבִרְיוֹן שֶׁהָיָה שִׁכּוֹר, בָּעַט בַּפַּלְקִי וְהוֹצִיא אִסָּרִין, רָגַם אִיקוֹנִין שֶׁל מוֹשֵׁל הָעִיר, קִלֵּל לַשּׁוֹטֵר, אָמַר הוֹדִיעֵנִי בְּאֵיזֶה הַמָּקוֹם מוֹשֵׁל הָעִיר שָׁרוּי וַאֲנִי מְלַמְּדוֹ אֶת הַדִּין, נִכְנָס, הֶרְאוּ לוֹ מוֹשֵׁל הָעִיר יוֹשֵׁב בַּבִּימָה, סָגַר לַמַּטְרוֹנָה וְטָרַד אִפָּרְכּוֹס, סִמָּא לַדֻּכּוֹס, נָתַן קָטָרִיקִי לַקְּרָטוֹס, קָרַב קִיסִין לַמָּגִיסְטֵיר. כֵּיוָן שֶׁרָאָה מוֹשֵׁל הָעִיר עוֹשֶׂה כָּךְ נִתְיָרֵא, אָמַר בְּבַקָּשָׁה מִכֶּם שִׁכּוֹר הָיִיתִי וְלֹא יָדַעְתִּי כֹּחַ מוֹשֵׁל הָעִיר. כָּךְ הָיָה אִיּוֹב עוֹמֵד וְצוֹוֵחַ: מִי יִתֵּן יָדַעְתִּי וְאֶמְצָאֵהוּ אֶעֶרְכָה לְפָנָיו מִשְׁפָּט, רָגַם הָאִיקוֹנִין, שֶׁאָמַר (איוב ג, ג): יֹאבַד יוֹם אִוָּלֶד בּוֹ. בָּעַט בַּפַּלְקִי וְהוֹצִיא אִסָּרִין (איוב ג, ט): יֶחְשְׁכוּ כּוֹכְבֵי נִשְׁפּוֹ. קִלֵּל לַשִּׁלְטוֹן (איוב ג, ו): הַלַּיְלָה הַהוּא יִקָּחֵהוּ אֹפֶל. רָאָה הַמֶּלֶךְ יוֹשֵׁב בַּבִּימָה, סָגַר לַמַּטְרוֹנָה (במדבר יב, י): וְהִנֵּה מִרְיָם מְצֹרַעַת כַּשָּׁלֶג. טָרַד לְמשֶׁה (במדבר כ, יב): לָכֵן לֹא תָבִיאוּ אֶת הַקָּהָל הַזֶּה. סִמָּא לַדֻּכּוֹס, זֶה יִצְחָק, שֶׁנֶּאֱמַר (בראשית כז, א): וַתִּכְהֶיןָ עֵינָיו מֵרְאֹת. נָתַן קָטָרִיקִי לְאַבְרָהָם, שֶׁנֶּאֱמַר (בראשית טו, יג): יָדֹעַ תֵּדַע כִּי גֵּר יִהְיֶה זַרְעֲךָ. קָרַב קִיסִין עַל יַעֲקֹב (בראשית לב, לב): וְהוּא צֹלֵעַ עַל יְרֵכוֹ. כְּשֶׁרָאָה אִיּוֹב אָמַר בְּבַקָּשָׁה מִמְּךָ שִׁכּוֹר הָיִיתִי, שֶׁנֶּאֱמַר (איוב יט, ד): וְאַף אָמְנָם שָׁגִיתִי אִתִּי תָּלִין מְשׁוּגָתִי, וְכָל כָּךְ לָמָּה, שֶׁלֹא הָיוּ יוֹדְעִין כֹּחוֹ שֶׁל דִּין, הֱוֵי: מִבְּלִי מֵשִׂים לָנֶצַח יֹאבֵדוּ.
Another matter, “these are [ve’eleh] the ordinances.” “It was on the third day when it was morning” (Exodus 19:16), in the morning the Torah was given, and in the evening the ordinances were given.43The vav at the beginning of ve’eleh links the ordinances in the upcoming passage to the previous portion, in which the Torah was given. The midrash understands this to mean that they were given on the same day. That is what is written: “From morning to evening they are broken; [forever unaware, they perish]” (Job 4:20).44The wicked are punished due to their having ignored the Torah, which was given in the morning, and the ordinances, which were given in the evening. This is analogous to two men who went to court,45This translation is based on Etz Yosef; see also Matnot Kehuna. one was a professional [lawyer] and one was a layman. What caused the layman to be punished? It is that he had no one to teach him. So too, the Holy One blessed be He was standing on Mount Sinai and was holding back judgment, as it is stated: “My hand grasps judgment” (Deuteronomy 32:41). David said: “Judge me, Lord, in accordance with my righteousness” (Psalms 7:9). He checked, but he did not find anyone to teach him,46He believed that he was righteous because there was no one to teach him the parameters of the divine attribute of justice. and he was punished. He began shouting: “Do not enter into judgment with Your servant” (Psalms 143:2). When was all this? It was before he organized the ordinances for himself, to realize what is stated: “From morning to evening they are broken; [forever unaware [mesim], they perish]” (Job 4:20).47The term mesim is taken as an allusion to the ordinances, of which it is stated: “These are the ordinances that you shall place [tasim] before them.” Thus, the punishment is due to an insufficient knowledge of the ordinances, and of the extent to which an individual is held accountable in the Divine process of judgment.
Another matter, “these are the ordinances.” What is: “Forever unaware, they perish”? (Job 4:20). Job said to the Holy One blessed be He: “If only I could know and find Him…I would organize my case before Him” (Job 23:3–4). This is analogous to a ruffian who was intoxicated. He kicked the prison [door] and freed the prisoners. He stoned the statue of the governor of the city, cursed a policeman, and said: ‘Show me the place where the governor of the city is located and I will teach him justice.’ He entered; they showed him the mayor of the city sitting on the podium. [The governor] incarcerated a noblewoman and expelled a city official, blinded a duke, sentenced a judge, and placed a magistrate in stocks. When [the ruffian] saw the governor of the city doing so, he was afraid. He said: ‘I implore you, I was intoxicated and was unaware of the power of the governor of the city.’
So too, Job was standing and screaming: “If only I could know and find Him…I would organize my case before Him.” He stoned the image, as he said: “Perish the day I was born” (Job 3:3).48Man is created in the image of God. By cursing the day of his birth, it was as though Job stoned the image of God. He kicked the prison and freed prisoners: “Let the stars of its twilight be dark” (Job 3:9).49The stars are like prisoners imprisoned in darkness. He cursed the officer: “May that night be taken by blackness” (Job 3:6).50Night is viewed as an officer in charge of darkness (see Bereishit Rabba 3:6; Maharzu). He saw the king sitting on the podium. [The King] incarcerated the noblewoman: “Behold, Miriam is leprous as snow” (Numbers 12:10). He expelled Moses: “Therefore, you will not bring this congregation [into the land which I have given them]” (Numbers 20:12). He blinded the duke, this is Isaac, as it is stated: “His eyes were dimmed from seeing” (Genesis 27:1). He sentenced Abraham, as it is stated: “Know that your descendants will be strangers” (Genesis 15:13). He placed Jacob in stocks: “He was limping on his thigh” (Genesis 32:32). When Job saw, he said: ‘I implore You, I was intoxicated,’ as it is stated: “Indeed I erred, my error rests with me’ (Job 19:4). Why to that extent? It is because they did not know the power of judgment.51They did not understand how exacting Divine judgment is. That is, “forever unaware, they perish.”
דָּבָר אַחֵר, וְאֵלֶּה הַמִּשְׁפָּטִים, הֲדָא הוּא דִּכְתִיב (תהלים קמז, יט): מַגִּיד דְּבָרָיו לְיַעֲקֹב, פַּעַם אַחַת אָמַר לוֹ עֲקִילַס לְאַדְרִיָּנוֹס הַמֶּלֶךְ, רוֹצֶה אֲנִי לְהִתְגַּיֵּר וּלְהֵעָשׂוֹת יִשְׂרָאֵל, אָמַר לוֹ לְאֻמָּה זוֹ אַתָּה מְבַקֵּשׁ, כַּמָּה בָּזִיתִי אוֹתָהּ, כַּמָּה הָרַגְתִּי אוֹתָהּ, לַיְרוּדָה שֶׁבָּאֻמּוֹת אַתָּה מְבַקֵּשׁ לְהִתְעָרֵב, מָה רָאִיתָ בָּהֶם שֶׁאַתָּה רוֹצֶה לְהִתְגַּיֵּר. אָמַר לוֹ, הַקָּטָן שֶׁבָּהֶם יוֹדֵעַ הֵיאַךְ בָּרָא הַקָּדוֹשׁ בָּרוּךְ הוּא אֶת הָעוֹלָם, מַה נִּבְרָא בְּיוֹם רִאשׁוֹן וּמַה נִּבְרָא בְּיוֹם שֵׁנִי, כַּמָּה יֵשׁ מִשֶּׁנִּבְרָא הָעוֹלָם, וְעַל מַה הָעוֹלָם עוֹמֵד, וְתוֹרָתָן אֱמֶת. אָמַר לוֹ, לֵךְ וּלְמַד תּוֹרָתָן וְאַל תִּמּוֹל. אָמַר לוֹ עֲקִילַס, אֲפִלּוּ חָכָם שֶׁבְּמַלְכוּתְךָ וְזָקֵן בֶּן מֵאָה שָׁנָה אֵינוֹ יָכוֹל לִלְמֹד תּוֹרָתָן אִם אֵינוֹ מָל, שֶׁכֵּן כָּתוּב: מַגִּיד דְּבָרָיו לְיַעֲקֹב חֻקָּיו וּמִשְׁפָּטָיו לְיִשְׂרָאֵל לֹא עָשָׂה כֵן לְכָל גּוֹי, וּלְמִי, לִבְנֵי יִשְׂרָאֵל.
Another matter, “these are the ordinances,” that is what is written: “He declares His words to Jacob” (Psalms 147:19). One time, Aquila said to the emperor Hadrian: ‘I wish to convert and to become a Jew.’ He said to him: ‘That nation you wish [to join]? How much have I demeaned it, how much of its [people] have I killed! You wish to intermingle with the lowliest of nations. What did you see in them that you wish to convert?’ He said to him: ‘The least among them knows how the Holy One blessed be He created the world, what was created on the first day and what was created on the second day. How long it has been since the world was created and upon what does the world stand. And, their Torah is truth.’ He said to him: ‘Go study their Torah, but do not circumcise yourself.’ Aquila said to him: ‘Even the wisest man in your kingdom or a one-hundred-year-old elder is unable to study their Torah if he is not circumcised,’ as it is written: “He declares His words to Jacob, His statutes and ordinances to Israel. He did not do so with any other nation” (Psalms 147:19–20). But with whom? With the children of Israel.
דָּבָר אַחֵר, וְאֵלֶּה הַמִּשְׁפָּטִים, הֲדָא הוּא דִּכְתִיב (משלי כט, ד): מֶלֶךְ בְּמִשְׁפָּט יַעֲמִיד אָרֶץ, זֶה הַקָּדוֹשׁ בָּרוּךְ הוּא שֶׁבָּרָא אֶת עוֹלָמוֹ בַּדִּין, שֶׁנֶּאֱמַר (בראשית א, א): בְּרֵאשִׁית בָּרָא אֱלֹהִים, בָּרָא ה' לֹא נֶאֱמַר אֶלָּא אֱלֹהִים. וַיֹּאמֶר ה' יְהִי רָקִיעַ אֵינוֹ אוֹמֵר, אֶלָּא אֱלֹהִים, וְכֵן כֻּלְּהוֹן. וְכֵן דָּוִד אוֹמֵר (תהלים עה, ח): כִּי אֱלֹהִים שֹׁפֵט, לְלַמֶּדְךָ שֶׁבַּדִּין נִבְרָא הָעוֹלָם. (משלי כט, ד): וְאִישׁ תְּרוּמוֹת יֶהֶרְסֶנָּה, זֶה אָדָם, מַה דַּרְכָּהּ שֶׁל אִשָּׁה בְּשָׁעָה שֶׁהִיא מְבַקֶּשֶׁת לְהַפְרִישׁ חַלָּתָהּ, מְגַבֶּלֶת אֶת הַקֶּמַח וְאַחַר כָּךְ נוֹטֶלֶת חַלָּה, כָּךְ עָשָׂה הָאֱלֹהִים, גִּבֵּל אֶת הָעוֹלָם וְאַחַר כָּךְ נָטַל אָדָם, שֶׁנֶּאֱמַר (בראשית ב, ו): וְאֵד יַעֲלֶה מִן הָאָרֶץ, וְאַחַר כָּךְ (בראשית ב, ז): וַיִּיצֶר, כֵּיוָן שֶׁחָטָא אָמַר לוֹ הָאֱלֹהִים (בראשית ג, יז): אֲרוּרָה הָאֲדָמָה בַּעֲבוּרֶךָ, לְכָךְ נֶאֱמַר: וְאִישׁ תְּרוּמוֹת. דָּבָר אַחֵר, מֶלֶךְ בְּמִשְׁפָּט יַעֲמִיד אָרֶץ, זֶה יְהוֹשָׁפָט, שֶׁנֶּאֱמַר (דברי הימים ב יט, ו): וַיֹּאמֶר יְהוֹשָׁפָט אֶל הַשֹּׁפְטִים רְאוּ מָה אַתֶּם עֹשִׂים. וְאִישׁ תְּרוּמוֹת יֶהֶרְסֶנָּה, זֶה חָכָם, שֶׁהוּא יוֹדֵעַ הֲלָכוֹת וּמִדְרָשׁוֹת וְאַגָּדוֹת, וְיָתוֹם וְאַלְמָנָה הוֹלְכִין אֶצְלוֹ שֶׁיַּעֲשֶׂה דִּין בֵּינֵיהֶן, וְהוּא אוֹמֵר לָהֶן עָסוּק אֲנִי בְּמִשְׁנָתִי אֵינִי פָּנוּי, וְאָמַר לוֹ הָאֱלֹהִים מַעֲלֶה אֲנִי עָלֶיךָ כְּאִלּוּ הֶחֱרַבְתָּ אֶת הָעוֹלָם, לְכָךְ נֶאֱמַר: וְאִישׁ תְּרוּמוֹת יֶהֶרְסֶנָה. דָּבָר אַחֵר, מֶלֶךְ בְּמִשְׁפָּט יַעֲמִיד אָרֶץ, אֵלּוּ יִשְׂרָאֵל, שֶׁנֶּאֱמַר (שמות יט, ו): וְאַתֶּם תִּהְיוּ לִי מַמְלֶכֶת כֹּהֲנִים. וְאִישׁ תְּרוּמוֹת יֶהֶרְסֶנָּה, אֵלּוּ דּוֹר הַמַּבּוּל שֶׁלֹא הָיוּ עוֹשִׂין אֶת הַדִּין, רְאֵה מַה כְּתִיב בָּהֶם (איוב כד, ג ד): חֲמוֹר יְתוֹמִים יִנְהָגוּ יַטּוּ אֶבְיֹנִים מִדָּרֶךְ. אָמַר רַבִּי אַחָא בִּקֵּשׁ הַקָּדוֹשׁ בָּרוּךְ הוּא לִתֵּן לָהֶם אַרְבָּעָה דְבָרִים, תּוֹרָה וְיִסּוּרִין וַעֲבוֹדַת קָרְבָּנוֹת וּתְפִלָּה, וְלֹא בִקְּשׁוּ, שֶׁנֶּאֱמַר (איוב כא, יד): וַיֹּאמְרוּ לָאֵל סוּר מִמֶּנּוּ, אֵלּוּ הַיִּסּוּרִין. (איוב כא, יד): וְדַעַת דְּרָכֶיךָ לֹא חָפַצְנוּ, זֶה תּוֹרָה. (איוב כא, טו): וּמַה שַּׁדַּי כִּי נַעַבְדֶנּוּ, אֵלּוּ הַקָּרְבָּנוֹת. (איוב כא, טו): וּמַה נּוֹעִיל כִּי נִפְגַע בּוֹ, זֶה תְּפִלָּה. אָמַר לָהֶם הַקָּדוֹשׁ בָּרוּךְ הוּא מִי גָרַם לָכֶם שֶׁתֹּאבְדוּ מִן הָעֶרֶב שֶׁל הָעוֹלָם הַזֶּה וּמִן הַבֹּקֶר שֶׁל הָעוֹלָם הַבָּא, מִפְּנֵי שֶׁלֹא קִבַּלְתֶּם אֶת הַתּוֹרָה שֶׁיֵּשׁ בָּהּ דִּין, שֶׁנֶּאֱמַר (איוב ד, כ): מִבֹּקֶר לָעֶרֶב יֻכַּתּוּ, לָמָּה, מִבְּלִי מֵשִׂים לָנֶצַח יֹאבֵדוּ, וְאֵין מֵשִׂים אֶלָּא דִינִין, שֶׁנֶּאֱמַר: וְאֵלֶּה הַמִּשְׁפָּטִים אֲשֶׁר תָּשִׂים לִפְנֵיהֶם.
Another matter, “these are the ordinances,” that is what is written: “A king upholds the land with justice” (Proverbs 29:4), this is the Holy One blessed be He, who created His world with justice, as it is stated: “In the beginning, God created” (Genesis 1:1). “The Lord created” is not stated, but rather “God created.” It does not say: ‘The Lord said: Let there be a firmament,’ but rather, “God” (Genesis 1:6). The same is true of all of them.52In each stage of creation, the verses refer to “God” rather than “the Lord.” According to the midrash, verses employ the name “God” when He acts with the attribute of justice, and “the Lord” when He acts with the attribute of mercy (see, e.g., Bereishit Rabba 12:16). Likewise, David said: “For God is Judge” (Psalms 50:6), to teach you that the world was created with justice.
“But a man of donations [terumot] will destroy it” (Proverbs 29:4); this is Adam. Just as it is the way of a woman when she seeks to separate her ḥalla, she kneads the flour and then takes ḥalla, so God did. He kneaded the world and then took Adam, as it is stated: “Mist would ascend from the earth” (Genesis 2:6), and then: “[The Lord God] formed [man of the dust of the ground]” (Genesis 2:7).53The comparison here is based on the fact that ḥalla is also referred to as teruma; see Numbers 15:20). When he sinned, God said to him: “The land is cursed because of you” (Genesis 3:17). That is why it is stated: “But a man of donations [will destroy it].”
Another matter, “a king upholds the land with justice,” this is Yehoshafat, as it is stated: “Yehoshafat said to the judges: Consider what you are doing” (II Chronicles 19:6). “But a man of donations will destroy it,” this is a Sage who knows halakhot, midrash, and agadot, and an orphan and a widow go to him so that he will implement justice for them, and he says to them: ‘I am preoccupied with my studies, I am not available.’ God says to him: ‘I consider it as though you destroyed the world.’ That is why it says: “But a man of donations [terumot] will destroy it.”54Such a Sage is referred to as a man of terumot because he is involved in endeavors that are sacred, just as teruma is sacred, and he removes [merim] himself from involvement in justice.
Another matter, “a king upholds the land with justice,” this is Israel, as it is stated: “You shall be for Me a kingdom of priests” (Exodus 19:6). “But a man of donations [terumot] will destroy it,” this is the generation of the flood, which did not implement justice.55They separated [herimu] themselves from justice. See what is written in their regard: “They drive the donkey of orphans…. They turn the indigent from the way” (Job 24:3–4). Rabbi Aḥa said: The Holy One blessed be He sought to give them four matters: Torah, suffering, the rite of offerings, and prayer, but they did not seek it, as it is stated: “They say to God: Turn away from us” (Job 21:14), this is the suffering. “We do not desire the knowledge of Your ways” (Job 21:14), this is Torah. “What is the Almighty that we should worship Him?” (Job 21:15), these are the offerings. “What good will it do if we encounter Him?” (Job 21:15), this is prayer. The Holy One blessed be He said to them: ‘What caused you to be eliminated from the evening of this world and from the morning of the World to Come?56This world is compared to evening or night, and the World to Come is compared to morning. It is because you did not accept the Torah in which there is justice,’ as it is stated: “From morning to evening they are broken” (Job 4:20). Why? “Forever unaware [mesim], they perish” (Job 4:20), and mesim is nothing other than justice, as it is stated: “These are the ordinances that you shall place [tasim] before them.”
דָּבָר אַחֵר, וְאֵלֶּה הַמִּשְׁפָּטִים, דָּוִד אָמַר (תהלים יט, י): יִרְאַת ה' טְהוֹרָה עוֹמֶדֶת לָעַד, מַהוּ כָּךְ, אַתָּה מוֹצֵא אָדָם שׁוֹנֶה מִדְרָשׁ הֲלָכוֹת וְאַגָּדוֹת, וְאִם אֵין בּוֹ יִרְאַת חֵטְא אֵין בְּיָדוֹ כְּלוּם, מָשָׁל לְאָדָם שֶׁאָמַר לַחֲבֵרוֹ יֵשׁ לִי אֶלֶף מִדּוֹת שֶׁל תְּבוּאָה, יֵשׁ לִי אֶלֶף מִדּוֹת שֶׁל שֶׁמֶן, וְאֶלֶף שֶׁל יַיִן. אָמַר לוֹ חֲבֵרוֹ יֵשׁ לְךָ אַפּוֹתִיקָאוֹת לִתֵּן אוֹתָן בָּהֶם, אִם יֵשׁ לְךָ כֵּן הַכֹּל שֶׁלָּךְ וְאִם לָאו אֵין בְּיָדְךָ כְּלוּם. כָּךְ אָדָם שׁוֹנֶה הַכֹּל, אָמְרוּ לוֹ אִם יֵשׁ לְךָ יִרְאַת חֵטְא הַכֹּל שֶׁלָּךְ, שֶׁנֶּאֱמַר (ישעיה לג, ו): וְהָיָה אֱמוּנַת עִתֶּיךָ וגו' יִרְאַת ה' הִיא אוֹצָרוֹ. לְכָךְ נֶאֱמַר: יִרְאַת ה' טְהוֹרָה, וְהַנָּבִיא צוֹוֵחַ (ישעיה א, כז): צִיּוֹן בְּמִשְׁפָּט תִּפָּדֶה וְשָׁבֶיהָ בִּצְדָקָה.
Another matter, “these are the ordinances.” David said: “Fear of the Lord is pure, it endures forever” (Psalms 19:10). How is this so? You find that a person may study midrash, halakhot, and agadot, but if he does not have fear of sin, he has nothing. This is analogous to a person who says to another: ‘I have one thousand measures of grain and one thousand of wine.’ The other said to him: ‘Do you have storehouses in which to place them? If you have that, you have everything. If not, you have nothing.’ So it is with a person who studies everything. It is said to him: ‘If you have fear of sin, you have everything,’ as it is stated: “The faithfulness of your times [will be the strength of salvation, wisdom and knowledge]; fear of the Lord, that is His treasure” (Isaiah 33:6).57There is an allusion to the six orders of the Mishna in the first part of the verse (see Shabbat 31a), but it concludes with the fear of God characterized as His treasure. The word used here for treasure [otzar] may also be translated as storehouse. That is why it is stated: “Fear of the Lord is pure.” And the prophet screams: “Zion will be redeemed with justice and its returnees with righteousness” (Isaiah 1:27).58Some suggest that this sentence does not belong here in the text; see Rabbi David Luria; Etz Yosef.
דָּבָר אַחֵר, וְאֵלֶּה הַמִּשְׁפָּטִים, הֲדָא הוּא דִכְתִיב (תהלים עב, א ב): לִשְׁלֹמֹה אֱלֹהִים מִשְׁפָּטֶיךָ לְמֶלֶךְ תֵּן וגו' יָדִין עַמְךָ בְצֶדֶק, רַבִּי אוֹמֵר כְּשֵׁם שֶׁהִזְהִיר הַקָּדוֹשׁ בָּרוּךְ הוּא עַל הַדִּבְּרוֹת כָּךְ הִזְהִיר עַל הַדִּין, לָמָּה, שֶׁבּוֹ הָעוֹלָם תָּלוּי, שֶׁנֶּאֱמַר (משלי כט, ד): מֶלֶךְ בְּמִשְׁפָּט יַעֲמִיד אָרֶץ, וּבוֹ צִיּוֹן נִבְנֵית, שֶׁנֶּאֱמַר (ישעיה א, כז): צִיּוֹן בְּמִשְׁפָּט תִּפָּדֶה, וּבוֹ צַדִּיקִים מִתְגַּדְּלִין, שֶׁנֶּאֱמַר (תהלים קו, ג): אַשְׁרֵי שֹׁמְרֵי מִשְׁפָּט. אַתָּה מוֹצֵא מִשְׁפָּטִים הַרְבֵּה יֵשׁ בָּעִנְיָן הַזֶּה, לְפִי שֶׁאָמַר הַקָּדוֹשׁ בָּרוּךְ הוּא (שמות כ, ב): אָנֹכִי ה' אֱלֹהֶיךָ אֲשֶׁר הוֹצֵאתִיךָ מֵאֶרֶץ מִצְרַיִם מִבֵּית עֲבָדִים, מַהוּ אוֹמֵר עַל עֶבֶד עִבְרִי (שמות כא, ב): כִּי תִקְנֶה עֶבֶד עִבְרִי, אָמַר הַקָּדוֹשׁ בָּרוּךְ הוּא כְּשֵׁם שֶׁבָּרָאתִי אֶת הָעוֹלָם לְשִׁשָּׁה יָמִים וְנַחְתִּי בַּשְּׁבִיעִי, כָּךְ יַעֲשֶׂה עִמְּךָ שֵׁשׁ שָׁנִים וְיֵצֵא בֶּן חוֹרִין, מַהוּ שֶׁכָּתַב לְפָנָיו (שמות כא, ג): אִם בְּגַפּוֹ יָבֹא, אִם נִכְנַס יְחִידִי יֵצֵא יְחִידִי, אִם בְּאִשְׁתּוֹ יֵצֵא עִמָּהּ. (שמות כא, ד): אִם אֲדֹנָיו יִתֶּן לוֹ אִשָּׁה וגו', וְאֵין יִשְׂרָאֵל נִכְנָסִין לַמִּדָּה הַזּוֹ אֶלָּא אִם כֵּן פָּשְׁעוּ בַּמִּצְווֹת, לְפִי שֶׁחֲבִיבִין יִשְׂרָאֵל כְּבָבַת הָעַיִן הָעֶלְיוֹנָה, שֶׁנֶּאֱמַר (זכריה ב, יב): כִּי הַנֹּגֵעַ בָּכֶם נֹגֵעַ בְּבָבַת עֵינוֹ, אֵלּוּ הַסּוֹפְרִים וְהַחֲכָמִים שֶׁתִּקְּנוּ הַסְּיָג הַזֶּה. מָשָׁל לְמֶלֶךְ שֶׁאָמַר לִבְנוֹ יַעֲשֶׂה עִם פְּלוֹנִי וְלֹא יְצַעֲרֶנּוּ, הָלַךְ וְעָשָׂה אַף עַל פִּי שֶׁעָשָׂה עִמּוֹ חִנָּם לֹא הִנִּיחַ שֶׁלֹא הָיָה מְצַעֲרוֹ, כְּשֶׁנִּתְרַצָּה לִבְנוֹ גָּזַר עַל מְצַעֲרָיו לְהָרְגָן. כָּךְ גָּזַר הַקָּדוֹשׁ בָּרוּךְ הוּא שֶׁיְּהוּ יִשְׂרָאֵל מְשֻׁעְבָּדִים בְּמִצְרַיִם עַד שֶׁיִּרְצֶה וְיַחֲזִירֵם, עָמְדוּ עֲלֵיהֶם וְשִׁעְבְּדוּ אוֹתָם בְּחֹזֶק, לֹא שֶׁמָּרְדוּ בָּהֶן אֶלָּא אָמַר לָהֶם הָאֱלֹהִים הַנְהֵג בָּהֶם כַּעֲבָדִים וְיַעֲשׂוּ צְרָכֵיהֶם עַד שֶׁתִּשְׁלַם הַגְּזֵרָה, אֶלָּא (זכריה א, טו): אֲנִי קָצַפְתִּי מְעָט וְהֵם עָזְרוּ לְרָעָה. כָּךְ אַחַר הַדִּבְּרוֹת הִזְהִיר הַקָּדוֹשׁ בָּרוּךְ הוּא עַל הַמִּשְׁפָּטִים שֶׁלֹא יַעַבְרוּ עֲלֵיהֶם יִשְׂרָאֵל וְיַעֲשֶׂה לָהֶם כְּשֵׁם שֶׁעָשָׂה לַמִּצְרִים. לְכָךְ אָמַר הַנָּבִיא לָהֶם לְיִשְׂרָאֵל (זכריה ז, ט י): אֱמֶת וּמִשְׁפָּט שְׁפֹטוּ, וְאַלְמָנָה וְיָתוֹם וְגֵר וְעָנִי אַל תַּעֲשֹׁקוּ.
Another matter, “these are the ordinances,” that is what is written: “For Solomon. Endow the king with Your justice, God…May he judge Your people with righteousness” (Psalms 72:1–2). Rabbi [Yehuda HaNasi] says: Just as the Holy One blessed be He cautioned regarding the commandments, so He cautioned regarding justice, upon which the world is contingent, as it is stated: “A king will uphold the land with justice” (Proverbs 29:4). And by its means, Zion will be rebuilt, as it is stated: “Zion will be redeemed with justice” (Isaiah 1:27). And by its means the righteous are uplifted, as it is stated: “Happy are those who heed the law” (Psalms 106:3).
You find that there are many ordinances regarding this matter. For the Holy One blessed be He said: “I am the Lord your God who took you out of the land of Egypt, the house of slavery” (Exodus 20:2). What does it say regarding the Hebrew slave? “If you purchase a Hebrew slave [he shall serve six years]” (Exodus 21:2). The Holy One blessed be He said: ‘Just as I created the world in six days and rested on the seventh, so he shall work with you for six years and emerge as a free man.’ What is written alongside it? “If he comes in by himself” (Exodus 21:3); if he entered alone he shall depart alone, if [he came in] with his wife, he shall depart with her. “If his master gives him a wife…” (Exodus 21:4). Israel enters this situation only if they transgressed the mitzvot, because Israel is as dear as the apple of the supernal eye, as it is stated: “As anyone who touches you, touches the apple of his eye” (Zechariah 2:12). It is the scribes and the Sages who instituted this safeguard.59The verse in Zechariah is stated by God, such that it should have said “anyone who touches you touches the apple of My eye,” but the scribes changed it to “his eye” in order to avoid the challenges that might be caused by the anthropomorphism. Alternatively, the scribes did not change the text but merely taught that the verse means to refer to God’s eye, as it were (see Maharzu; Etz Yosef; Matnot Kehuna to Bereishit Rabba 49:7).
It is analogous to a king who said to his son that he should work for so-and-so, who would not mistreat him.60The king sought to punish his son by having him work, but arranged for him to work for a master who would not mistreat him. He went and even though he worked without pay, [the master] did not refrain from mistreating him. When [the king] reconciled with his son, he decreed that those who had mistreated him would be put to death. So too, the Holy One blessed be He decreed that Israel would be enslaved in Egypt until He would be reconciled and return them. [The Egyptians] stood over them and enslaved them harshly, and not because [Israel] rebelled against them. Therefore God said of them: ‘They should have treated them like slaves and [Israel] would perform their needs until the decree was completed.’ But, “I was mildly enraged, but they contributed to the evil” (Zechariah 1:15).61The Egyptians treated the Israelites far more harshly than they should have.
Thus, after the commandments,62After the Ten Commandments, in which God mentioned that He took Israel out of slavery in Egypt (Exodus 20:2). the Holy One blessed be He cautioned them regarding the ordinances, that they should not violate them, as He would then do to them what He did to Egypt. That is why the prophet said to Israel: “Execute true justice, and…do not exploit the widow, the orphan, the stranger, and the poor” (Zechariah 7:9–10).
רַבִּי נָתָן אוֹמֵר נָאֶה לֵאלֹהִים הַדִּין שֶׁהוּא שׁוֹמְרוֹ וְאֵינוֹ נוֹשֵׂא פָנִים, שֶׁנֶּאֱמַר (ירמיה ט, כג): כִּי אֲנִי ה' עֹשֶׂה חֶסֶד וּמִשְׁפָּט וּצְדָקָה בָּאָרֶץ. שֶׁכֵּן מָצִינוּ בְּאַבְרָהָם שֶׁעָמַד בְּעֶשֶׂר נִסְיוֹנוֹת וְלֹא נָשָׂא [לו] פָנִים אֶלָּא בְּדָבָר אֶחָד שֶׁאָמַר (בראשית טו, יג): יָדֹעַ תֵּדַע כִּי גֵר יִהְיֶה זַרְעֲךָ, אֶלָּא הוּא הָיָה מְבַקֵּשׁ מִן הָאֱלֹהִים שֶׁיִּשְׁמֹר הַמִּשְׁפָּט, שֶׁנֶּאֱמַר (בראשית יח, כה): הֲשֹׁפֵט כָּל הָאָרֶץ לֹא יַעֲשֶׂה מִשְׁפָּט, רְאֵה שְׁלֹמֹה הַמֶּלֶךְ הֵיאַךְ נִתְפַּשׂ בַּמְּצוּדָה, שֶׁנֶּאֱמַר (איוב ה, יג): לֹכֵד חֲכָמִים בְּעָרְמָם, וְכַמָּה רוּחוֹת וְשֵׁדִים כָּבַשׁ שְׁלֹמֹה וְהוֹרָה הַמִּשְׁפָּט לַכֹּל, וּלְבַסּוֹף נִלְכַּד בְּזִקְנָתוֹ וְהִתְחִיל מְפַחֵד מִן הָרוּחוֹת, שֶׁנֶּאֱמַר (שיר השירים ג, ח): אִישׁ חַרְבּוֹ עַל יְרֵכוֹ מִפַּחַד בַּלֵּילוֹת, וְהָיוּ הָרוּחוֹת מִתְּחִלָּה מִתְבַּעֲתִים מִפָּנָיו, וּלְבַסּוֹף הִתְחִיל מְפַחֵד מִפְּנֵיהֶם, לְכָךְ אֵין מִצְוָה שֶׁלֹא הִזְהִיר עָלֶיהָ הַקָּדוֹשׁ בָּרוּךְ הוּא, שֶׁנֶּאֱמַר (שמות כא, ז): וְכִי יִמְכֹּר אִישׁ אֶת בִּתּוֹ לְאָמָה, מִי גָרַם לוֹ כָּךְ, אֶלָּא עִבּוּר הַדִּין שֶׁעִבֵּר עַל אֲחֵרִים. (שמות כא, יב): מַכֵּה אִישׁ וָמֵת, מִי גָרַם לוֹ מִיתָה, שֶׁלֹא נִסְתַּכֵּל בַּתּוֹרָה שֶׁכָּתוּב בָּהּ (בראשית ט, ו): שֹׁפֵךְ דַּם הָאָדָם בָּאָדָם דָּמוֹ יִשָּׁפֵךְ, מָשָׁל לְאָדָם שֶׁקָּפַח אִיקוֹנִין שֶׁל מֶלֶךְ וְעָלָה לַבִּימָה, אָמַר הַמֶּלֶךְ לֹא קָרָאתָ בַּדְּיוּטַגְמָא שֶׁלִּי שֶׁכָּל מִי שֶׁנּוֹגֵעַ בָּאִיקוֹנִין שֶׁלִּי הוּא אָבֵד, לָמָּה לֹא חַסְתָּ עַל עַצְמֶךָ. כָּךְ אִם הָרַג אָדָם נֶפֶשׁ מִיִּשְׂרָאֵל כְּאִלּוּ הוּא מַעֲבִיר אִיקוֹנִין שֶׁל מֶלֶךְ וְהוּא נִדּוֹן וְאֵין לוֹ חַיִּים, שֶׁאָדָם נִבְרָא בִּדְמוּת מַלְאֲכֵי הַשָּׁרֵת. וְאִם הָרַג בִּשְׁגָגָה נָתַן לוֹ הָאֱלֹהִים מָקוֹם שֶׁיִּבְרַח לְשָׁם, וְאִם הָרַג בְּמֵזִיד אֲפִלּוּ כֹּהֵן גָּדוֹל הוּא נֶהֱרַג. אֵין לְךָ גָּדוֹל מִשָּׁאוּל, שֶׁנֶּאֱמַר (שמואל ב א, כד): בְּנוֹת יִשְׂרָאֵל אֶל שָׁאוּל בְּכֶינָה, מִי גָבָה הֵימֶנּוּ הַדָּם שֶׁהָיָה בְּיָדוֹ בְּמִיתָתוֹ, לֹא יִשְׂרָאֵל גָּבוּ אוֹתוֹ אֶלָּא הַגִּבְעוֹנִים, שֶׁנֶּאֱמַר (שמואל ב כא, ו): יֻתַּן לָנוּ שִׁבְעָה אֲנָשִׁים מִבָּנָיו, הַכֹּהֲנִים מָחֲלוּ לוֹ וְהַגִּבְעוֹנִים לֹא מָחֲלוּ לוֹ, לְכָךְ רִחֲקָם הָאֱלֹהִים, שֶׁנֶּאֱמַר (שמואל ב כא, ב): וְהַגִּבְעֹנִים לֹא מִבְּנֵי יִשְׂרָאֵל הֵמָּה, וּמִן הַדָּבָר הַזֶּה הָיָה דָּוִד מִתְיָּרֵא, שֶׁנֶּאֱמַר (תהלים נא, טז): הַצִּילֵנִי מִדָּמִים אֱלֹהִים.
Rabbi Natan says: Justice is fitting for God, as He upholds it and does not show favor, as it is stated: “For I am the Lord, who performs kindness, justice and righteousness in the land” (Jeremiah 9:23), as we find regarding Abraham, who withstood ten ordeals, but He did not show him favor even for one matter,63This translation is based on the textual emendation of Rabbi David Luria. as He said: “Know, that your descendants will be strangers” (Genesis 15:13).64When God told him that he would inherit the land, he asked: “How do I know that I will inherit it?” (Genesis 15:8). It was due to this question that God decreed that Abraham’s descendants would be slaves (see Nedarim 32a). Nevertheless, he asked God to uphold justice, as it is stated: “Will the Judge of the earth not implement justice?” (Genesis 18:25).
See how King Solomon was caught in a trap, as it is stated: “He traps the wise with their craftiness” (Job 5:13). How many spirits and demons did Solomon conquer, and he instructed justice for everyone, but ultimately, he was trapped in his old age,65He sought to outsmart the Torah and allowed himself to marry many wives, purchase many horses, and amass much silver and gold, in opposition to Torah law. He justified this by asserting that he would not fall prey to the dangers that the Torah wished to prevent by the institution of these laws (see Sanhedrin 21b). and he began fearing the spirits, as it is stated: “Each man, a sword on his thigh, from fear in the nights” (Song of Songs 3:8). Initially, the spirits were terrified of him, and ultimately, he began to fear them. That is why there is no mitzva that the Holy One blessed be He did not caution in its regard,66The Torah hints to the punishment for the violation of each commandment. as it is stated: “If a man sells his daughter as a maidservant” (Exodus 21:7). What caused this to happen to him? It is the transgression that he violated vis-à-vis others.67He mistreated his Hebrew slave, which is the topic of the verses immediately prior to this verse.
“One who strikes a man and he dies” (Exodus 21:12). What caused this to happen to him? The fact that he did not look into the Torah, in which it is written: “One who sheds the blood of man, by man shall his blood be shed” (Genesis 9:6). This is analogous to a person who marred the statue of the king and ascended to the platform.68For judgment. The king said to him: ‘Did you not read in my royal edicts that anyone who touches my statue is to be eliminated? Why did you not spare yourself?’ So too, if a person kills a person of Israel, it is as though he removes the image of a king, and he is sentenced and has no life, as man was created in the image of the ministering angels. If he kills unwittingly, God provides him with a place to which he can flee. If he kills intentionally, even if he is the High Priest, he is killed. You have no one greater than Saul, as it is stated: “Daughters of Israel, weep over Saul” (II Samuel 1:24). Who collected from him the blood that was on his hands when he died? It was not Israel who collected it, but rather the Givonites, as it is stated: “Let seven men of his sons be given to us [and we will hang them]” (II Samuel 21:6). The priests forgave him,69They forgave him for the massacre in the priestly city of Nov. but the Givonites did not forgive him. That is why God distanced them, as it is stated: “The Givonites were not of the children of Israel” (II Samuel 21:2). That is what David feared, as it is stated: “Save me from bloodshed, God” (Psalms 51:16).
רַבִּי שִׁמְעוֹן אוֹמֵר הַרְבֵּה אַזְהָרוֹת כְּתוּבוֹת כָּאן, שֶׁנֶּאֱמַר (שמות כא, יח): כִּי יְרִיבֻן אֲנָשִׁים וְהִכָּה אִישׁ אֶת רֵעֵהוּ, אֵין דָּבָר טוֹב וְאֵין שָׁלוֹם יוֹצֵא מִתּוֹךְ מְרִיבָה, קַיִן לֹא נָגַע בְּאָחִיו אֶלָּא מִתּוֹךְ מְרִיבָה (שמות כא, יח): וְהִכָּה אִישׁ אֶת רֵעֵהוּ בְּאֶבֶן אוֹ בְאֶגְרֹף, וְהִזְהִיר הָאֱלֹהִים כָּאן, שֶׁנֶּאֱמַר (שמות כא, יט): אִם יָקוּם וְהִתְהַלֵּךְ בַּחוּץ, לָמָּה כָּתוּב אֱלֹהִים כָּאן עַל כָּל דָּבָר וְדָבָר, אֶלָּא שֶׁהַבְּרִיּוֹת שְׁטוּפִים בְּיֵצֶר הָרָע, שֶׁנֶּאֱמַר (בראשית ח, כא): כִּי יֵצֶר לֵב הָאָדָם רַע מִנְּעֻרָיו, אִם בְּלָעוֹ הַקָּדוֹשׁ בָּרוּךְ הוּא לַיֵּצֶר הָרָע, הֲרֵי הַכֹּל בָּאִין לְתַחַת כְּנָפָיו, וְהַקָּדוֹשׁ בָּרוּךְ הוּא הֱמִיתָהוּ. אַתָּה מוֹצֵא יֵצֶר הָרָע הוּא מַרְגִּיל אֶת הָאָדָם לַחֲטוֹא, וְהוּא הוֹרְגוֹ, שֶׁנֶּאֱמַר (חבקוק א, ז): מִמֶּנּוּ מִשְׁפָּטוֹ וּשְׂאֵתוֹ יֵצֵא, לְכָךְ הִזְהִיר הַקָּדוֹשׁ בָּרוּךְ הוּא עַל הַמִּשְׁפָּטִים שֶׁבַּתּוֹרָה, שֶׁנֶּאֱמַר: וְאֵלֶּה הַמִּשְׁפָּטִים, אָמַר הַקָּדוֹשׁ בָּרוּךְ הוּא שִׁמְרוּ מִשְׁפָּט בָּעוֹלָם הַזֶּה וַאֲנִי מַצִּיל אֶתְכֶם מִן הַמִּשְׁפָּט שֶׁל גֵּיהִנֹּם. לְפִיכָךְ הַקָּדוֹשׁ בָּרוּךְ הוּא דָּן לָרְשָׁעִים עַל כָּל הַדִּינִין הָאֵלֶּה, שֶׁנֶּאֱמַר (יחזקאל לד, כ): הִנְנִי אָנִי וְשָׁפַטְתִּי בֵּין שֶׂה בִרְיָה וּבֵין שֶׂה רָזָה, מִצְרַיִם שִׁעְבְּדָה אֶת יִשְׂרָאֵל וְנִפְרַע הֵימֶנָּה וְדָנָהּ בְּמִצְרַיִם וְדָנָהּ בַּיָּם, לְמָה הָיוּ דוֹמִין, לְלִסְטִים שֶׁנִּכְנְסוּ לְכַרְמוֹ שֶׁל מֶלֶךְ וְרָצְצוּ גְּפָנִים, בָּא הַמֶּלֶךְ וּמָצָא כַּרְמוֹ מְחֻבָּל וְנִתְמַלֵּא חֵמָה וְיָרַד עַל הַלִּסְטִים, לֹא הָיָה צָרִיךְ לֹא לְדָבָר וְלֹא לִבְרִיָה אֶלָּא הוּא יָרַד וְקָצְצָן וַעֲקָרָן כְּשֵׁם שֶׁעָשׂוּ לְכַרְמוֹ שֶׁל מֶלֶךְ. כָּךְ מִצְרַיִם דָּנוּ בָּנָיו שֶׁל אֱלֹהִים דִּינִין קָשִׁים, נִתְמַלֵּא עֲלֵיהֶן הַקָּדוֹשׁ בָּרוּךְ הוּא חֵמָה וְהִכָּם, מַכָּה רִאשׁוֹנָה וּשְׁנִיָה וְלֹא שָׂבַע מִדָּמָם, שְׁפָטָם עֶשֶׂר פְּעָמִים וְאָמַר לֹא עָשִׂיתִי לָהֶן כְּלוּם, בָּאוּ לַיָּם וְהָרַג הֲמוֹנִים שֶׁאֵין לָהֶן חֵקֶר. וּמִנַּיִן שֶׁאֵין פַּרְעֹה מִתְנַחֵם עַל הֲמוֹנוֹ עַד שֶׁיִּרְאֶה לְגוֹג, שֶׁנֶּאֱמַר (יחזקאל לב, לא): אוֹתָם יִרְאֶה פַרְעֹה וְנִחַם עַל כָּל הֲמוֹנוֹ.
Rabbi Shimon says: Many warnings are written here, as it is stated: “If men quarrel and one strikes the other” (Exodus 21:18). Nothing good and no peace results from a quarrel. Cain harmed his brother only from the midst of a quarrel, “one strikes another with a stone or a fist (Exodus 21:18). Here God cautions, as it is stated: “If he arises and walks outside…[he shall give only his livelihood and he shall provide healing]” (Exodus 21:19).70Even if one does not kill the other, he is obligated to pay for the damage he caused, including loss of livelihood and medical costs.
Why is judges [elohim] written here, regarding each and every matter?71As the Torah presents the ordinances in Exodus chapters 21–23, there are several instances in which the Torah refers to judges as elohim, a term ordinarily reserved for God. See, e.g., Exodus 21:6, 22:7. It is because people are steeped in the evil inclination, as it is stated: “As the inclination of a man’s heart is evil from his youth” (Genesis 8:21).72Therefore, due to man’s weaknesses, the Torah uses a term for judges that also can be used to refer to God, as an indication that people should consider that they will be held accountable not only by man but by God. If the Holy One blessed be He would eliminate the evil inclination, everyone would come under His wings. The Holy One blessed be He will kill it [one day]. You find that the evil inclination accustoms a person to sin, and it kills him, as it is stated: “Its justice and its onus will emerge from it” (Habakkuk 1:7).73Sin causes man to die. Alternatively, having caused man to sin, it is the evil inclination who then kills man, as the Gemara states: Satan, the evil inclination, and the Angel of Death are one (Bava Batra 16a). That is why the Holy One blessed be He cautioned them regarding the ordinances of the Torah, as it is stated: “These are the ordinances.” The Holy One blessed be He said: ‘Maintain justice in this world and I will rescue you from being sentenced to Gehenna.’ Therefore, the Holy One blessed be He judges the wicked over all these laws, as it is stated: “Behold, I am here, and I will judge between the fat lamb and the lean lamb” (Ezekiel 34:20).
Egypt enslaved Israel, and He exacted retribution from them, and judged them in Egypt and judged them at the sea. To what were they comparable? To robbers who entered the king’s vineyard and destroyed grapevines. The king came and found his vineyard damaged. He became filled with rage and descended upon the robbers. He did not need anything or any person, but rather, he descended, cut them, and uprooted them, just as they had done to the king’s vineyard. So too, Egypt judged the children of God [and executed upon them] harsh judgments. The Holy One blessed be He became filled with rage and afflicted them with the first plague, and the second, but was not sated with their blood. He judged them ten times and said: ‘I have not done anything to them.’ They came to the sea and He killed countless multitudes. From where is it derived that Pharaoh will not be consoled over his multitudes until he will see Gog? As it is stated: “Pharaoh will see them and be consoled for his entire multitude” (Ezekiel 32:31).
רַבִּי מֵאִיר אוֹמֵר וְאֵלֶּה הַמִּשְׁפָּטִים, נָתַן הַקָּדוֹשׁ בָּרוּךְ הוּא מִשְׁפָּט לְזִקְנֵי יִשְׂרָאֵל, כְּשֵׁם שֶׁסַּנְהֶדְּרִין יוֹשֶׁבֶת בַּמָּרוֹם לִפְנֵי הָאֱלֹהִים, שֶׁנֶּאֱמַר (דניאל ז, ט י): חָזֵה הֲוֵית עַד דִּי כָרְסָוָן רְמִיו וְעַתִּיק יוֹמִין יְתִב וגו' דִּינָא יְתִב וְסִפְרִין פְּתִיחוּ, יָשַׁב הַקָּדוֹשׁ בָּרוּךְ הוּא שֶׁנִּקְרָא עַתִּיק יוֹמִין שֶׁיִּפָּרַע מֵאֵלּוּ שֶׁבָּאוּ עָלָיו בְּגַאֲוָה, שֶׁנֶּאֱמַר (שמואל א ב, ג): אַל תַּרְבּוּ תְדַבְּרוּ גְּבֹהָה. מָשָׁל לְמֶלֶךְ שֶׁהַבִּרְיוֹנִים שֶׁלּוֹ גִּנּוּ אוֹתוֹ בַּפּוֹרְפִּירָא שֶׁהוּא לָבוּשׁ, אָמַר לָהֶם הַמֶּלֶךְ הִנַּחְתֶּם הַכֹּל וַעֲסַקְתֶּם בַּפּוֹרְפִּירָא שֶׁאֲנִי לָבוּשׁ, חַיֵּיכֶם שֶׁאֲנִי מַחֲלִיפָהּ וְנִפְרַע מִכֶּם. כָּךְ אֵלּוּ הָרְשָׁעִים שֶׁנָּגְעוּ בְּעַתִּיק יוֹמִין, לֹא שֶׁהוּא זָקֵן אֶלָּא שֶׁיִּיגְעוּ בְּמַעֲשֵׂיהֶם, כְּדִכְתִיב (מלאכי ב, יז): הוֹגַעְתֶּם ה' בְּדִבְרֵיכֶם, אָמַר לָהֶם אֲנִי מַחֲלִיפָהּ, שֶׁנֶּאֱמַר (ישעיה סג, ב): מַדּוּעַ אָדֹם לִלְבוּשֶׁךָ, וּפוֹרֵעַ מִכֶּם, שֶׁנֶּאֱמַר (ישעיה מב, יג): ה' כַּגִּבּוֹר יֵצֵא כְּאִישׁ מִלְחָמוֹת יָעִיר קִנְאָה.
Rabbi Meir says: “These are the ordinances,” the Holy One blessed be He entrusted justice to the elders of Israel, just as the Sanhedrin On High sits before God, as it is stated: “I was seeing until thrones were set in place, and the Ancient One sat…the court convened, and the books were opened” (Daniel 7:9–10).74The Sanhedrin sits before God, just as the heavenly Sanhedrin of angels (see Vayikra Rabba 24:2) sits before God. The Holy One blessed be He, who is called the Ancient One, sat to exact retribution against those who came against him arrogantly, as it is stated: “Do not speak exceedingly with arrogance” (I Samuel 2:3). This is analogous to a king whose guardsmen demeaned him regarding the royal garment in which he was clad. The king said to them: ‘You ignored everything [else] and occupied yourselves with the royal garment in which I am clad; as you live, I will change it and I will exact retribution against you.’ So too with these wicked ones who criticized the Ancient One. It is not that He is old, but that [Israel] had exhausted Him with their actions, as it is written: “You wearied the Lord with your words” (Malachi 2:17).75God is described as ancient because He refrains from taking action against those who act against Israel, as though He were an old man, incapable of waging war. This is not the case, it is just that Israel has sinned. He said to them: ‘I will change it,’ as it is stated: “Why is there red on Your garment?” (Isaiah 63:2), ‘and I will exact retribution against you,’ as it is stated: “The Lord will emerge like a warrior, He will arouse zealotry like a man of war” (Isaiah 42:13).
אָמַר רַבִּי אֶלְעָזָר כָּל הַתּוֹרָה תְּלוּיָה בַּמִּשְׁפָּט, לְכָךְ נָתַן הַקָּדוֹשׁ בָּרוּךְ הוּא דִּינִין אַחַר עֲשֶׂרֶת הַדִּבְּרוֹת, לְפִי שֶׁהַבְּרִיּוֹת מַעֲבִירִין עַל הַדִּין וְהוּא נִפְרַע מֵהֶם וּמְלַמֵּד אֶת בָּאֵי עוֹלָם, שֶׁלֹא הָפַךְ אֶת סְדוֹם עַד שֶׁעִבְּרָה אֶת הַדִּין, שֶׁנֶּאֱמַר (יחזקאל טז, מט): גָּאוֹן שִׂבְעַת לֶחֶם וְשַׁלְוַת הַשְׁקֵט. וְאַף יְרוּשָׁלַיִם לֹא גָּלְתָה עַד שֶׁעִבְּרָה אֶת הַדִּין, שֶׁנֶּאֱמַר (ישעיה א, כג): יָתוֹם לֹא יִשְׁפֹּטוּ וְרִיב אַלְמָנָה לֹא יָבוֹא אֲלֵיהֶם, וְלָמָּה נָתַן הַקָּדוֹשׁ בָּרוּךְ הוּא כֶּתֶר לִיהוּדָה, וַהֲלוֹא לֹא לְבַדּוֹ הוּא גִבּוֹר מִכָּל אֶחָיו, וַהֲלוֹא שִׁמְעוֹן וְלֵוִי גִבּוֹרִים וְהָאֲחֵרִים, אֶלָּא שֶׁדָּן דִּין אֱמֶת לְתָמָר, לָכֵן נַעֲשָׂה דַּיָּן הָעוֹלָם. מָשָׁל לְדַיָּן שֶׁבָּא דִין שֶׁל יְתוֹמָה לְפָנָיו וְזִכָּה אוֹתָהּ, כָּךְ יְהוּדָה בָּא דִין תָּמָר לְפָנָיו שֶׁתִּשָֹּׂרֵף וְהוּא זִכָּה אוֹתָהּ מִפְּנֵי שֶׁמָּצָא לָהּ זְכוּת. כֵּיצַד הָיוּ יִצְחָק וְיַעֲקֹב יוֹשְׁבִים שָׁם וְכָל אֶחָיו וְהָיוּ מְחַפִּין אוֹתוֹ, הִכִּיר יְהוּדָה לַמָּקוֹם וְאָמַר אֲמִתַּת הַדָּבָר, וְאָמַר (בראשית לח, כו): צָדְקָה מִמֶּנִּי, וַעֲשָׂאוֹ הַקָּדוֹשׁ בָּרוּךְ הוּא נָשִׂיא. וְכֵן הָיָה בֶּן זוֹמָא אוֹמֵר וְדוֹרֵשׁ נִתְבַּיַּשְׁתָּ בָּעוֹלָם הַזֶּה אֵין אַתָּה מִתְבַּיֵּשׁ מִן הַקָּדוֹשׁ בָּרוּךְ הוּא לָעוֹלָם הַבָּא שֶׁהוּא אֵשׁ אֹכְלָה, לָמָּה, שֶׁאֵין בָּשְׁתּוֹ שֶׁל הָעוֹלָם הַזֶּה כְּלוּם אֶלָּא בּשֶׁת עֲמִידָתוֹ שֶׁל הָעוֹלָם הַבָּא, שֶׁנֶּאֱמַר (תהלים לב, ו): עַל זֹאת יִתְפַּלֵּל כָּל חָסִיד אֵלֶיךָ וגו'.
Rabbi Elazar said: The entire Torah is contingent on justice, that is why the Holy One blessed be He gave laws after the Ten Commandments. Because people pervert justice, He exacts retribution from them and teaches the entire world that He overturned Sodom only after it perverted justice, as it is stated: “[Behold, this was the iniquity of your sister Sodom…] pride, surfeit of bread and tranquil calm, [but she did not support the hand of the poor and indigent]” (Ezekiel 16:49). Jerusalem, too, was not exiled until she perverted justice, as it is stated: “They will not provide justice for an orphan and the cause of the widow will not come to them” (Isaiah 1:23).
Why did the Holy One blessed be He give the crown to Judah?76The kings of Israel descend from the tribe of Judah. It is not that he was mightier than his brothers; were Simeon, Levi and the others not mighty? Rather, it is because he adjudicated a true judgment for Tamar;77See Genesis 38:26. that is why he became a judge of the world.78In ancient times, the king served as the highest judge in the land. This is analogous to a judge who adjudicated the case of an orphan girl that came before him and he exonerated her. So too, the case of Tamar came before Judah, and [her sentence was] to be burned, but he exonerated her because he found merit on her behalf. How so? Isaac and Jacob were sitting there, as well as all his brothers, and they were protecting him.79Although they recognized that the signet ring, cords, and staff presented by Tamar (see Genesis 38:25) belonged to Judah, the presentation of these artifacts did not prove that she had not engaged in a forbidden relationship. Judah acknowledged the Omnipresent and said the truth of the matter, and said: “She is more righteous than I” (Genesis 38:26). The Holy One blessed be He appointed him king.
Likewise, ben Zoma would say and expound: You were shamed in this world; you will not be shamed in the World to Come in front of the Holy One, blessed be He, who is a consuming fire. Why? Because the shame in this world is nothing compared to the shame of standing [guilty] in the World to Come, as it is stated: “Therefore, everyone who is pious should pray to You [at the time of searching]” (Psalms 32:6).80The time of searching is expounded to mean the day of death. The previous verse states: “I acknowledged my sin to You; I did not hide my iniquity. I said: I will confess my transgressions to the Lord. And You forgave the guilt of my sin, selah” (Psalms 32:5). Thus, this is understood to mean that every pious individual prays that he has the strength to confess his sins before he dies.
וְרַבִּי יְהוֹשֻׁעַ אוֹמֵר אָמַר הַקָּדוֹשׁ בָּרוּךְ הוּא לְפִי שֶׁהִרְבֵּיתִי עֲלֵיכֶם דִּינִין אֲנִי מַרְבֶּה עֲלֵיכֶם שָׂכָר, וְהִזְהַרְתִּי אֶתְכֶם עַל כָּל הַמִּצְווֹת שֶׁהִיא חַיֵּיכֶם, שֶׁנֶּאֱמַר (קהלת ח, ה): שׁוֹמֵר מִצְוָה לֹא יֵדַע דָּבָר רָע, וְכֵן כָּל עִנְיָן שֶׁכָּתוּב בַּפָּרָשָׁה הַזּוֹ, לְהוֹרֵג נֶפֶשׁ, לְמַכֵּה שׁוֹר, לְמַבְעִיר בְּעֵרָה, כָּל אַחַת וְאַחַת כָּתַבְתִּי עָנְשָׁהּ בְּצִדָּהּ וּשְׂכָרָהּ בְּצִדָּהּ. מָשָׁל לְמֶלֶךְ שֶׁהִתְקִין שְׁנֵי דְרָכִים, אַחַת מְלֵאָה קוֹצִים וְדַרְדַּרִים וְסִירָאוֹת, וְאַחַת מְלֵאָה בֹּשֶׂם, וְהָעִוְרִים הוֹלְכִין בַּדֶּרֶךְ הָרָע וְהַקּוֹצִים מוֹסִיפִים מַכָּה עַל מַכּוֹתֵיהֶם, וְהַפִּקְחִים הוֹלְכִין בַּדֶּרֶךְ הַטּוֹבָה, וְנִמְצְאוּ הֵם הוֹלְכִין וּכְלֵיהֶם מִתְבַּשְׂמִים הֵימֶנָּה. כָּךְ הָאֱלֹהִים הִתְקִין שְׁנֵי דְרָכִים, לַצַּדִּיקִים אֶחָד וְלָרְשָׁעִים אֶחָד, מִי שֶׁאֵין לוֹ עֵינַיִם הוֹלֵךְ בְּדֶרֶךְ רְשָׁעִים וְנִתְקַל וְאֵין לוֹ עֲמִידָה, כְּבִלְעָם הָרָשָׁע שֶׁנִּטְרַף מִן הָעוֹלָם וּכְדוֹאֵג וַאֲחִיתֹפֶל שֶׁנִּתְרַחֲקוּ מִן הַחַיִּים, וּכְגֵיחֲזִי שֶׁיָּצָא מִן הָעוֹלָם רֵיקָם, אֲבָל הַצַּדִּיקִים שֶׁמְהַלְּכִים בְּתוּמָם הֵם זוֹכִים וּבְנֵיהֶם אַחֲרֵיהֶם, שֶׁנֶּאֱמַר (משלי כ, ז): מִתְהַלֵּךְ בְּתֻמּוֹ צַדִּיק אַשְׁרֵי בָנָיו אַחֲרָיו.
Rabbi Yehoshua said: The Holy One blessed be He said: ‘Because I commanded you many laws, I will provide you with great reward. I cautioned you regarding all the mitzvot, which are your life, as it is stated: “One who observes a mitzva will not know an evil matter” (Ecclesiastes 8:5). The same is true of every matter that is written in this portion: one who kills a person; one who strikes an ox; one who ignites a field. For each and every one, I wrote its punishment alongside it and its reward alongside it.’ This is analogous to a king who prepared two paths, one filled with thorns, briers, and thistles, and one filled with fragrant plants. The blind walk on the bad path, and the thorns add wound upon wound. Those who can see walk on the good path, with the result that they walk [comfortably] and their clothes are perfumed from [the path]. So too, God prepared two paths, one for the righteous and one for the wicked. One who has no eyes walks on the path of the wicked, stumbles and does not recover, like Bilam the wicked, who was expelled from the world, and like Doeg and Aḥitofel who were distanced from life, and like Geiḥazi, who left the world with nothing.81Bilam, Doeg, Aḥitofel, and Geiḥazi are the four commoners listed in the mishna in Sanhedrin (10:1) as having no portion in the World to Come. However, the righteous, who walk in their innocence, are privileged, and their children after them, as it is stated: “One who walks innocently is a righteous man; happy are his children after him. (Proverbs 20:7).
דָּבָר אַחֵר, וְאֵלֶּה הַמִּשְׁפָּטִים, הַרְבֵּה הוּא דִינָן שֶׁל רְשָׁעִים מַה שֶּׁמּוּכָן לָהֶם, מַה כְּתִיב בָּהֶם (תהלים יא, ו): יַמְטֵר עַל רְשָׁעִים פַּחִים וגו', לְפִי שֶׁהֵן עוֹבְרִין עַל הַמִּצְווֹת וְעַל הַדִּין שֶׁבַּתּוֹרָה שֶׁלֹא נִתְּנוּ אֶלָּא אַחַר הַדִּבְּרוֹת, לְכָךְ עָנְשָׁן חָמוּר שֶׁהוּא מְבַטֵּל אֶת הַדִּבְּרוֹת. כֵּיצַד, בִּטְלוּ יִשְׂרָאֵל (שמות כ, ג): לֹא יִהְיֶה לְךָ, וּמָחַל לָהֶם, שֶׁאֵין בַּעֲבוֹדַת כּוֹכָבִים מַמָּשׁ אֶלָּא קִנְאָה, שֶׁנֶּאֱמַר (דברים לב, טז): יַקְנִאֻהוּ בְּזָרִים בְּתוֹעֵבֹת יַכְעִיסֻהוּ, וְכֵן כְּתִיב (תהלים קו, כ): וַיָּמִירוּ אֶת כְּבוֹדָם בְּתַבְנִית שׁוֹר, וּכְשֶׁחָטְאוּ יִשְׂרָאֵל בַּשִּׁטִּים בַּזְּנוּת נָפְלוּ מֵהֶן עֶשְׂרִים וְאַרְבָּעָה אֶלֶף. מָשָׁל לְבַת מְלָכִים שֶׁשִֹּׂחֲקָה לְסָרִיס, כָּעַס עָלֶיהָ הַמֶּלֶךְ, אָמְרוּ לוֹ וַהֲלֹא לְסָרִיס שִׂחֲקָה, אָמַר לֹא כָּעַסְתִּי אֶלָּא עַל שֶׁהִרְגִּילָה אֶת עַצְמָהּ לִשְׂחֹק וְלִזְנוּת, וְכֵן שָׁנוּ רַבּוֹתֵינוּ שְׂחוֹק וְקַלּוּת רֹאשׁ מַרְגִּילִין אֶת הָאָדָם לְעֶרְוָה. כֵּיוָן שֶׁזִּנְתָה אָמְרוּ לְאָבִיהָ לָקְתָה עֶשְׂרִים וְאַרְבָּעָה קָטָפוֹרוֹס וְשָׁתַק. כָּךְ יִשְׂרָאֵל מַה נֶּהֱנוּ מֵעֲבוֹדַת כּוֹכָבִים שֶׁלֹא רוֹאָה וְלֹא שׁוֹמַעַת וְלֹא מְדַבֶּרֶת, שֶׁנֶּאֱמַר (תהלים קטו, ח): כְּמוֹהֶם יִהְיוּ עֹשֵׂיהֶם, אֲבָל הַזְּנוּת שֶׁהוּא דָּבָר שֶׁל מַמָּשׁ לָקוּ עָלָיו, וְנִמְחַל לָהֶם עַל עֲבוֹדַת כּוֹכָבִים, אֲבָל עַל הַדִּינִין וְעַל הַמִּצְווֹת הָאֵלּוּ הִזְהִירָן הַקָּדוֹשׁ בָּרוּךְ הוּא, שֶׁנֶּאֱמַר (משלי ז, ב): שְׁמֹר מִצְוֹתַי וֶחְיֵה, וְכֵן (משלי ז, ג): כָּתְבֵם עַל לוּחַ לִבֶּךָ.
Another matter, “these are the ordinances,” the punishment that is prepared for the wicked is plentiful. What is written in their regard: “He will rain burning coal upon the wicked…” (Psalms 11:6). Because they violate the mitzvot and the laws of the Torah that were given only after the commandments, their punishment is more severe than that of one who nullifies the commandments.82One who sins in his relations with other people is punished more harshly than one who sins only toward God. The midrash states this regarding the verse “these are the ordinances” because the laws introduced in this passage pertain to interpersonal relations. How so? Israel nullified: “You shall not have [other gods before Me]” (Exodus 20:3), and He forgave them, as idol worship has no substance but only arouses zealotry, as it is stated: “They would arouse His zealotry with strangers” (Deuteronomy 32:16). Likewise, it is written: “They exchanged their Glory for the molded image of a bull” (Psalms 106:20). But when Israel sinned at Shitim with licentiousness, twenty-four thousand of them fell.83See Numbers 25:1–9. This is analogous to a princess who flirted with a eunuch. The king became angry at her. They said to him: ‘But did she not flirt with a eunuch?’84The eunuch is incapable of sexual relations. He said: ‘I became angry only because she accustomed herself to flirting and licentiousness.’ Likewise, the Rabbis taught: Lightheartedness and frivolity accustom a person to licentiousness. When she engaged in licentiousness, they told her father that she received twenty-four severe lashes, and he was silent. So too, what benefit did Israel receive from the worship of idols, which do not see, do not hear, and do not speak, as it is stated: “May their makers be like them” (Psalms 115:8)?85The preceding verses say: “Their idols are silver and gold, the work of the hand of man. They have mouths but do not speak; they have eyes but do not see; they have ears but do not hear; they have noses but do not smell; they have hands but do not feel; legs, but they do not walk; they do not speak with their throats” (Psalms 115:4–7). However, for licentiousness, which is a matter of substance, they were punished. They were forgiven for idol worship, but regarding these laws and mitzvot, the Holy One blessed be He cautioned them, as it is stated: “Observe mitzvot and live” (Proverbs 7:2) and likewise, “Inscribe them on the tablet of your heart.” (Proverbs 7:3).
דָּבָר אַחֵר, וְאֵלֶּה הַמִּשְׁפָּטִים, יֵשׁ לְעוֹבְדֵי כּוֹכָבִים שׁוֹפְטִים וְיֵשׁ לְיִשְׂרָאֵל שׁוֹפְטִים וְאֵין אַתָּה יוֹדֵעַ מַה בֵּינֵיהֶם, מָשָׁל לְחוֹלֶה שֶׁנִּכְנַס הָרוֹפֵא אֶצְלוֹ לְבַקְּרוֹ, אָמַר לִבְנֵי בֵיתוֹ הַאֲכִילוּהוּ כָּל מַה שֶּׁהוּא מְבַקֵּשׁ, נִכְנַס אֵצֶל אַחֵר אָמַר לָהֶם הִזָּהֲרוּ בוֹ שֶׁלֹא יֹאכַל דָּבָר פְּלוֹנִי. אָמְרוּ לוֹ לָרִאשׁוֹן אָמַרְתָּ שֶׁיֹּאכַל מַה שֶּׁיִּרְצֶה וְלַשֵּׁנִי אָמַרְתָּ שֶׁלֹא יֹאכַל דָּבָר פְּלוֹנִי. אָמַר לָהֶם הָרִאשׁוֹן אֵינוֹ לְחַיִּים לְפִיכָךְ אָמַרְתִּי שֶׁיֹּאכַל כָּל מַה שֶּׁיִּרְצֶה, אֲבָל זֶה שֶׁהוּא לְחַיִּים אָמַרְתִּי הִזָּהֲרוּ בוֹ. כָּךְ לְעוֹבְדֵי כּוֹכָבִים שֶׁנִּפְרָשִׁים וְאֵינָן עוֹסְקִים בַּתּוֹרָה וְאֵינָן עוֹשִׂין אוֹתָהּ, שֶׁנֶּאֱמַר (יחזקאל כ, כה): וְגַם אֲנִי נָתַתִּי לָהֶם חֻקִּים לֹא טוֹבִים, אֲבָל הַמִּצְווֹת כְּתִיב בָּהֶן (ויקרא יח, ה): אֲשֶׁר יַעֲשֶׂה אוֹתָם הָאָדָם וָחַי בָּהֶם.
Another matter, “these are the ordinances,” the idolaters have judges and Israel has judges and you do not know the difference between them. This is analogous to an ill person whom a doctor came to visit. [The doctor] said to the members of his household: ‘Feed him everything that he requests.’ He went to [visit] another [patient] and said to [the members of his household]: ‘Make certain that he does not eat such-and-such item.’ They said to him: ‘To the first you said that he should eat what he wants, and to the second you said that he should not eat such-and-such item?’ He said to them: ‘The first one will not live; therefore, I said that he may eat everything that he wants. However, for this one, who will live, I said to be careful with him.’ So too, for the idolaters who separate themselves and do not engage in Torah study and do not fulfill it, it is stated: “I too gave them statutes that were not good, [and ordinances by which they could not live]” (Ezekiel 20:25). But about the mitzvot it is written: “Which a man shall perform and live by them” (Leviticus 18:5).
דָּבָר אַחֵר, וְאֵלֶּה הַמִּשְׁפָּטִים. הֲדָא הוּא דִּכְתִיב (תהלים צט, ד): וְעֹז מֶלֶךְ מִשְׁפָּט אָהֵב, אָמַר לָהֶם משֶׁה לְיִשְׂרָאֵל הֲרֵי נָתַן לָכֶם הַקָּדוֹשׁ בָּרוּךְ הוּא אֶת תּוֹרָתוֹ, אִם אֵין אַתֶּם עוֹשִׂין אֶת הַדִּינִין נוֹטֵל תּוֹרָתוֹ מִכֶּם, לָמָּה, שֶׁלֹא נָתַן לָכֶם הַקָּדוֹשׁ בָּרוּךְ הוּא אֶת הַתּוֹרָה אֶלָא עַל מְנָת שֶׁתַּעֲשׂוּ אֶת הַדִּינִין, שֶׁנֶּאֱמַר: וְעֹז מֶלֶךְ מִשְׁפָּט אָהֵב, וְאִם עֲשִׂיתֶם אֶת הַדִּינִין, עָתִיד הַקָּדוֹשׁ בָּרוּךְ הוּא לְהַחֲזִיר לָכֶם בָּתֵּי דִּינִין שֶׁלָּכֶם, שֶׁנֶּאֱמַר (ישעיה א, כו): וְאָשִׁיבָה שֹׁפְטַיִךְ כְּבָרִאשׁוֹנָה, מַה כְּתִיב אַחֲרָיו (ישעיה א, כז): צִיּוֹן בְּמִשְׁפָּט תִּפָּדֶה.
Another matter, “these are the ordinances,” that is what is written: “The might of the King is that He loves justice” (Psalms 99:4). Moses said to Israel: ‘The Holy One blessed be He gave you His Torah. If you do not perform the laws, He will take His Torah from you.86 A Torah scholar who does not seek to bring about justice among the populace will not succeed in his studies (Etz Yosef). This is derived from the vav at the first word of the phrase “these [ve’eleh] are the ordinances.” This vav connects the ordinances to the giving of the Torah in the preceding passage (Maharzu). Why? Because the Holy One blessed be He gave you His Torah only so you will perform the laws,’ as it is stated: “The might of the King is that He loves justice.” If you perform the laws, the Holy One blessed be He is destined to restore your courts to you, as it is stated: “I will restore your judges as at first” (Isaiah 1:26). What is written thereafter? “Zion will be redeemed with justice” (Isaiah 1:27).
דָּבָר אַחֵר, וְאֵלֶּה הַמִּשְׁפָּטִים, הֲדָא הוּא דִכְתִיב (ישעיה נו, א): כֹּה אָמַר ה' שִׁמְרוּ מִשְׁפָּט וַעֲשׂוּ צְדָקָה, זֶהוּ שֶׁאָמַר הַכָּתוּב (משלי כד, כג): גַּם אֵלֶּה לַחֲכָמִים הַכֵּר פָּנִים בְּמִשְׁפָּט בַּל טוֹב, אָמַר הַקָּדוֹשׁ בָּרוּךְ הוּא מִי גָרַם לַדַּיָּנִין שֶׁיִּהְיוּ יוֹדְעִין לָדוּן עַל יְדֵי שֶׁקִּבַּלְתֶּם אֶת הַתּוֹרָה שֶׁכָּתוּב בָּהּ (ויקרא כו, מו): אֵלֶּה הַחֻקִּים וְהַמִּשְׁפָּטִים וְהַתּוֹרֹת, אֶלָּא הֱווּ יוֹדְעִים הַכֵּר פָּנִים בַּמִּשְׁפָּט בַּל טוֹב, מַהוּ בַּל טוֹב, אֶלָּא בְּשָׁעָה שֶׁהַדַּיָּן יוֹשֵׁב וְדָן בֶּאֱמֶת כִּבְיָכוֹל מַנִּיחַ הַקָּדוֹשׁ בָּרוּךְ הוּא שְׁמֵי הַשָּׁמַיִם וּמַשְׁרֶה שְׁכִינָתוֹ בְּצִדּוֹ, שֶׁנֶּאֱמַר (שופטים ב, יח): וְכִי הֵקִים ה' לָהֶם שֹׁפְטִים וְהָיָה ה' עִם הַשֹּׁפֵט, וְכֵיוָן שֶׁרוֹאֶה אוֹתוֹ שֶׁהוּא נוֹשֵׂא פָנִים, כִּבְיָכוֹל מְסַלֵּק שְׁכִינָתוֹ וְעוֹלֶה לַשָּׁמַיִם, וְהַמַּלְאָכִים אוֹמְרִים לוֹ רִבּוֹן הָעוֹלָם, מַה יֵּשׁ לְךָ, וְהוּא אוֹמֵר לָהֶם רָאִיתִי אֶת הַדַּיָּן שֶׁהוּא נוֹשֵׂא פָנִים, וְעָמַדְתִּי לִי מִשָּׁם, שֶׁנֶּאֱמַר (תהלים יב, ו): מִשֹּׁד עֲנִיִּים מֵאֶנְקַת אֶבְיוֹנִים עַתָּה אָקוּם יֹאמַר ה', וּמַה הַקָּדוֹשׁ בָּרוּךְ הוּא עוֹשֶׂה, שׁוֹלֵף חַרְבּוֹ כְּנֶגְדוֹ, לְהוֹדִיעַ שֶׁיֵּשׁ דַּיָּן לְמַעְלָה, שֶׁנֶּאֱמַר (איוב יט, כט): גּוּרוּ לָכֶם מִפְּנֵי חֶרֶב כִּי חֵמָה עֲוֹנוֹת חָרֶב לְמַעַן תֵּדְעוּ שַׁדּוּן, שַׁדִּין כְּתִיב, שֶׁיֵּשׁ דִּין בָּעוֹלָם, לְפִיכָךְ אָמַר שְׁלֹמֹה: גַּם אֵלֶּה לַחֲכָמִים הַכֵּר פָּנִים בַּמִּשְׁפָּט בַּל טוֹב, אָמַר לוֹ הַקָּדוֹשׁ בָּרוּךְ הוּא לֹא טוֹב לְךָ שֶׁאֲנִי מַנִּיחֶךָ, שֶׁנֶּאֱמַר (נחום א, ז): טוֹב ה' לְמָעוֹז בְּיוֹם צָרָה וְיֹדֵעַ חֹסֵי בוֹ, לְכָךְ כְּתִיב: כֹּה אָמַר ה' שִׁמְרוּ מִשְׁפָּט וַעֲשׂוּ צְדָקָה, וַאֲנִי מְקָרֵב עַצְמִי עִמָּכֶם, שֶׁנֶּאֱמַר (ישעיה נו, א): כִּי קְרוֹבָה יְשׁוּעָתִי לָבוֹא. וְכֵן אַתָּה מוֹצֵא בִּנְבוּכַדְנֶצַּר כְּשֶׁרָאָה אֶת הַחֲלוֹם נִכְנַס דָּנִיֵּאל אֶצְלוֹ וְרָאָה שֶׁהוּא עָתִיד לְטָרְדוֹ, שֶׁנֶּאֱמַר (דניאל ד, כט): וּמִן אֲנָשָׁא לָךְ טָרְדִין, עָשָׂה עַצְמוֹ כְּאִלּוּ מְרַתֵּת וּמְפַחֵד, שֶׁנֶּאֱמַר (דניאל ד, טז): אֱדַיִן דָּנִיֵּאל דִּי שְׁמֵהּ בֵּלְטְשַׁאצַר אֶשְׁתּוֹמַם כְּשָׁעָה חֲדָה, אָמַר לוֹ לָמָּה אַתְּ מְפַחֵד, אָמַר לוֹ רוֹאֶה אֲנִי אֶת הַחֲלוֹם וְאֵינִי יָכוֹל לְאָמְרוֹ, אָמַר לוֹ (דניאל ד, טז): מָרִאי חֶלְמָא לְשָׂנְאָךְ וּפִשְׁרֵהּ לְעָרָךְ. מִי שֶׁדּוֹרֵשׁ הַמִּקְרָא הַזֶּה עוֹשֶׂה לְדָנִיֵּאל מֵטִיחַ דְּבָרִים כְּלַפֵּי מַעְלָה, שֶׁאָמַר לִנְבוּכַדְנֶצַּר: מָרִאי חֶלְמָא לְשָׂנְאָךְ, אֵין שׂוֹנְאוֹ בָּעוֹלָם יוֹתֵר מִן הַקָּדוֹשׁ בָּרוּךְ הוּא שֶׁהֶחֱרִיב אֶת בֵּיתוֹ וְהֶגְלָה אֶת בָּנָיו, וְעוֹד גַּם יִשְׂרָאֵל הָיוּ שׂוֹנְאָיו וְהָיָה מְקַלֵּל אוֹתָן. אֶלָּא נָתַן דָּנִיֵּאל לִבּוֹ כְּנֶגֶד הַקָּדוֹשׁ בָּרוּךְ הוּא וְאָמַר מָרִי שֶׁבַּשָּׁמַיִם הָבֵא אֶת הַחֲלוֹם לְשׂוֹנְאֲךָ זֶה. אָמַר נְבוּכַדְנֶצַּר לְדָנִיֵּאל רָאִיתִי בַּחֲלוֹמִי (דניאל ד, ז ט): וַאֲרוּ אִילָן בְּגוֹא אַרְעָא, וּמָזוֹן לְכֹלָּא בֵהּ, זֶה מֶלֶךְ גּוֹזֵר גְּזֵרָה, סוֹגֵר הַיָּם הַכֹּל מֵתִים, פּוֹתֵחַ הַיָּם הַכֹּל חַיִּים, לְכָךְ וּמָזוֹן לְכֹלָּא בֵהּ, כֵּיוָן שֶׁאָמַר לוֹ הַחֲלוֹם אָמַר לוֹ מָה אֶעֱשֶׂה הֵיאַךְ אַתְּ מוֹלִיכֵנִי, אָמַר לוֹ (דניאל ד, כד): לָהֵן מַלְכָּא מִלְכִּי יִשְׁפַּר עֲלָךְ וַחֲטָאָךְ בְּצִדְקָה פְרֻק. אָמַר לוֹ הַקָּדוֹשׁ בָּרוּךְ הוּא אֲנִי מָסַרְתִּי אֶת הַצְּדָקָה לְאַבְרָהָם, שֶׁנֶּאֱמַר (בראשית יח, יט): כִּי יְדַעְתִּיו לְמַעַן אֲשֶׁר יְצַוֶּה, וְאַתָּה אוֹמֵר לָרָשָׁע וַחֲטָאָךְ בְּצִדְקָה פְרֻק, אֶלָּא אָמַר לִנְבוּכַדְנֶצַּר עֲשֵׂה צְדָקָה וּפְתַח אוֹצָרֶךָ, שֶׁרָאָה לְיִשְׂרָאֵל שֶׁיָּצְאוּ עֲרוּמִים מִירוּשָׁלַיִם וְלֹא הָיָה בְּיָדָם שָׁוֶה פְּרוּטָה, לְכָךְ אָמַר לוֹ שֶׁיַּעֲשֶׂה צְדָקָה. פָּתַח אוֹצְרוֹתָיו וְהָיָה מְפַרְנֵס לְיִשְׂרָאֵל שְׁנֵים עָשָׂר חֹדֶשׁ (דניאל ד, כד): וְלִקְצָת יַרְחִין תְּרֵי עֲשַׂר וגו'. שָׁמַע נְבוּכַדְנֶצַּר בַּת קוֹל שֶׁהָיוּ מִתְרַגְּשִׁין, אָמַר הַקּוֹל הַזֶּה מֵהֵיכָן הוּא, אָמְרוּ לוֹ אוֹתָן הָעֲנִיִּים שֶׁאָמַרְתָּ לָתֵת לָהֶם חֵלֶק וְהָיִינוּ מְחַלְּקִין לָהֶם שְׁנֵים עָשָׂר חֹדֶשׁ כְּמוֹ שֶׁאָמַרְתָּ. אָמַר אִלּוּלֵי נְכָסִים שֶׁהָיָה לִי מֵהֵיכָן הָיִיתִי בּוֹנֶה כָּל הַמְדִינָה הַזֹּאת לִכְבוֹדִי, שֶׁנֶּאֱמַר (דניאל ד, כז): עָנֵה מַלְכָּא וְאָמַר הֲלָא דָא הִיא בָּבֶל רַבְּתָא, וַאֲנִי מְבַזְבֵּז כָּל נְכָסִים, אִם יֵלְכוּ נְכָסַי אֵין לִי כָּבוֹד, נָעַל אֶת הָאוֹצָרוֹת. כֵּיוָן שֶׁאָמַר כָּךְ עָנָה אוֹתוֹ בַּת קוֹל מִן הַשָּׁמַיִם, שֶׁנֶּאֱמַר (דניאל ד, כח): עוֹד מִלְּתָא בְּפֻם מַלְכָּא קָל מִן שְׁמַיָא נְפַל, מִי גָרַם לוֹ לֵישֵׁב בְּשַׁלְוָה שְׁנֵים עָשָׂר חֹדֶשׁ, הַצְּדָקָה. וּמָה אִם הָרָשָׁע כָּךְ יִשְׂרָאֵל עַל אַחַת כַּמָּה וְכַמָּה, הֱוֵי: שִׁמְרוּ מִשְׁפָּט וַעֲשׂוּ צְדָקָה. מָשָׁל לְאָדָם שֶׁנִּכְנַס לִמְדִינָה וְשָׁמַע שֶׁפְּלוֹטִמְיָא נַעֲשֵׂית, הָלַךְ וְשָׁאַל לַלּוּדָר אָמַר מָתַי פְּלוֹטִמְיָא נַעֲשֵׂית, אָמַר לוֹ רְחוֹקָה הִיא, הָלַךְ וְשָׁאַל לְאוֹתוֹ שֶׁעוֹשֶׂה פְּלוֹטִמְיָא, וְאָמַר קְרוֹבָה הִיא. אָמַר זֶה, לֹא שָׁאַלְתִּי לַלּוּדָר וְאָמַר לִי רְחוֹקָה הִיא. אָמַר לוֹ זוֹ הִיא דַּעְתְּךָ שֶׁהָיִיתָ שׁוֹאֵל לַלּוּדָר, וְכִי רוֹצֶה הוּא שֶׁאֶעֱשֶׂה פְּלוֹטִמְיָא, אֵינוֹ יוֹדֵעַ שֶׁהוּא יוֹרֵד וְנֶהֱרַג. כָּךְ שָׁאֲלוּ יִשְׂרָאֵל לְבִלְעָם אֵימָתַי תִּהְיֶה יְשׁוּעָה, אָמַר לָהֶם (במדבר כד, יז): אֶרְאֶנּוּ וְלֹא עַתָּה אֲשׁוּרֶנּוּ וְלֹא קָרוֹב. אָמַר לָהֶם הַקָּדוֹשׁ בָּרוּךְ הוּא זוֹ הִיא דַעְתְּכֶם, אֵין אַתֶּם יוֹדְעִין שֶׁסּוֹף בִּלְעָם יוֹרֵד לַגֵּיהִנֹּם וְאֵינוֹ רוֹצֶה שֶׁתָּבוֹא יְשׁוּעָתִי, אֶלָּא הֱיוּ דּוֹמִים לַאֲבִיכֶם שֶׁאָמַר (בראשית מט, יט): לִישׁוּעָתְךָ קִוִּיתִי ה', צָפָה לִישׁוּעָה שֶׁהִיא קְרוֹבָה, לְכָךְ נֶאֱמַר, כִּי קְרוֹבָה יְשׁוּעָתִי לָבוֹא. דָּבָר אַחֵר, כִּי קְרוֹבָה יְשׁוּעָתִי לָבוֹא, כִּי קְרוֹבָה יְשׁוּעַתְכֶם אֵינוֹ אוֹמֵר, אֶלָּא יְשׁוּעָתִי, יְהִי שְׁמוֹ מְבֹרָךְ, אִלּוּלֵי שֶׁהַדָּבָר כָּתוּב אִי אֶפְשָׁר לְאָמְרוֹ, אָמַר לָהֶם הַקָּדוֹשׁ בָּרוּךְ הוּא לְיִשְׂרָאֵל, אִם אֵין לָכֶם זְכוּת, בִּשְׁבִילִי אֲנִי עוֹשֶׂה, כִּבְיָכוֹל כָּל יָמִים שֶׁאַתֶּם שָׁם בַּצָּרָה אֲנִי עִמָּכֶם, שֶׁנֶּאֱמַר (תהלים צא, טו): עִמּוֹ אָנֹכִי בְצָרָה, וַאֲנִי גוֹאֵל לְעַצְמִי, שֶׁנֶּאֱמַר (ישעיה נט, טז): וַיַּרְא כִּי אֵין אִישׁ וַיִּשְׁתּוֹמֵם וגו', וְכֵן הוּא אוֹמֵר (זכריה ט, ט): גִּילִי מְאֹד בַּת צִיּוֹן הָרִיעִי בַּת יְרוּשָׁלָיִם הִנֵּה מַלְכֵּךְ יָבוֹא לָךְ צַדִּיק וְנוֹשָׁע, וּמוֹשִׁיעַ אֵין כְּתִיב כָּאן אֶלָּא וְנוֹשָׁע, הֱוֵי אֲפִלּוּ אֵין בְּיֶדְכֶם מַעֲשִׂים, עוֹשֶׂה הַקָּדוֹשׁ בָּרוּךְ הוּא בִּשְׁבִילוֹ, שֶׁנֶּאֱמַר: כִּי קְרוֹבָה יְשׁוּעָתִי לָבוֹא. דָּבָר אַחֵר, שִׁמְרוּ מִשְׁפָּט וַעֲשׂוּ צְדָקָה, הֲדָא הוּא דִכְתִיב (תהלים קיט, קכא): עָשִׂיתִי מִשְׁפָּט וָצֶדֶק בַּל תַּנִּיחֵנִי לְעשְׁקָי, אָמְרוּ לוֹ יִשְׂרָאֵל רִבּוֹן הָעוֹלָם הִסְתַּכֵּל שֶׁאָנוּ מְבַקְּשִׁים לַעֲשׂוֹת צְדָקָה וּמִשְׁפָּט וְאָנוּ מִתְיָרְאִין מִן עוֹבְדֵי כּוֹכָבִים, אֶלָּא אַל תִּמְסְרֵנוּ בִּידֵיהֶם, הֱוֵי: עָשִׂיתִי מִשְׁפָּט וָצֶדֶק, מָשָׁל לְסוֹחֵר מְבַקֵּשׁ לָלֶכֶת בַּדֶּרֶךְ, שָׁמַע שֶׁלִּסְטִים בַּדֶּרֶךְ, מֶה עָשָׂה לָקַח פְּרַקְמַטְיָא שֶׁלּוֹ וַעֲשָׂאָהּ אֲבָנִים טוֹבוֹת וּמַרְגָּלִיּוֹת, יָצָא לַדֶּרֶךְ וּתְפָשׂוּהוּ לִסְטִים, אָמְרוּ לוֹ מַה בְּיָדֶךָ, אָמַר לָהֶם כְּלֵי זְכוּכִית, אָמְרוּ לוֹ מִכַּמָּה זוֹ, אָמַר לָהֶם שְׁתַּיִם בְּסֶלַע וְשָׁלשׁ בְּסֶלַע. אָמְרוּ זֶה לָזֶה בִּשְׁבִיל אֵלּוּ אָנוּ הוֹרְגִים אוֹתוֹ, הִנִּיחוּהוּ. נִכְנַס לַמְּדִינָה הִתְחִיל פּוֹתֵחַ הַגְּלוּסְקָאוֹת וְיָשַׁב לִמְכֹּר, נִכְנְסוּ אוֹתָן הַלִּסְטִים וְרָאוּ אוֹתוֹ יוֹשֵׁב וּמוֹכֵר, אָמְרוּ לוֹ בְּכַמָּה זוֹ, אָמַר לָהֶם זוֹ בְּעֶשְׂרִים זְהוּבִים, וְזוֹ בִּשְׁלוֹשִׁים. אָמְרוּ לוֹ אֵין אַתָּה הוּא שֶׁאָמַרְתָּ לָנוּ בַּדֶּרֶךְ שְׁתַּיִם בְּסֶלַע שָׁלשׁ בְּסֶלַע, אָמַר לָהֶם הֵן, אֶלָּא אוֹתָהּ שָׁעָה הָיִיתִי בְּמָקוֹם הַמָּוֶת, עַכְשָׁיו אִם אֵין אַתֶּם נוֹתְנִין לִי דָּמֶיהָ אֵין אַתֶּם נוֹטְלִין אוֹתָהּ. כָּךְ יִשְׂרָאֵל בָּעוֹלָם הַזֶּה מִי שֶׁהוּא עוֹשֶׂה מִצְווֹת אֵינוֹ יוֹדֵעַ מַתַּן שְׂכָרָן, אֲבָל לָעוֹלָם הַבָּא כְּשֶׁיִּרְאוּ מַתַּן שְׂכָרָן שֶׁל מִצְווֹת הֵם תְּמֵהִים שֶׁאֵין הָעוֹלָם כֻּלּוֹ יָכוֹל לְקַבֵּל אֶת הַשָֹּׂכָר, שֶׁנֶּאֱמַר (ישעיה סד, ג): וּמֵעוֹלָם לֹא שָׁמְעוּ לֹא הֶאֱזִינוּ עַיִן לֹא רָאָתָה, וְכִי מֵעוֹלָם לֹא שָׁמְעוּ, אֶלָּא אֵין הָעוֹלָם יָכוֹל לִשְׁמֹעַ מַהוּ מַתַּן שְׂכָרָן שֶׁל מִצְווֹת, לְכָךְ נֶאֱמַר: כִּי קְרוֹבָה יְשׁוּעָתִי לָבוֹא, אָמַר הַקָּדוֹשׁ בָּרוּךְ הוּא אֲנִי מֵבִיא אֶת הַיְשׁוּעָה, שֶׁנֶּאֱמַר (תהלים ג, ט): לַה' הַיְשׁוּעָה, וּמִי שֶׁהוּא עוֹשֶׂה מִשְׁפָּט כּוֹתֵב אֲנִי עָלָיו שֶׁהוּא מְקָרֵב אֶת הַיְשׁוּעָה. וְכֵן אַתָּה מוֹצֵא בִּיהוֹשָׁפָט, שֶׁעָשָׂה שׁוֹפְטִים, שֶׁנֶּאֱמַר (דברי הימים ב יט, ה): וַיַּעֲמֵד [יהושפט] שֹׁפְטִים, וּכְשֶׁבָּאוּ בְּנֵי עַמּוֹן וּמוֹאָב הֵן הָיוּ עוֹמְדִין וְהַקָּדוֹשׁ בָּרוּךְ הוּא עוֹשֶׂה מִלְחַמְתָּן, שֶׁנֶּאֱמַר (דברי הימים ב כ, טו): כִּי לֹא לָכֶם הַמִּלְחָמָה כִּי לֵאלֹהִים, כְּשֵׁם שֶׁאָמַר משֶׁה רַבֵּנוּ עָלָיו הַשָּׁלוֹם (שמות יד, יד): ה' יִלָּחֵם לָכֶם, לָמָּה מִפְּנֵי שֶׁעָשׂוּ אֶת הַדִּין גָּרְמוּ הַיְשׁוּעָה שֶׁתָּבוֹא, לְכָךְ נֶאֱמַר: שִׁמְרוּ מִשְׁפָּט וַעֲשׂוּ צְדָקָה, הֱוֵי: וְאֵלֶּה הַמִּשְׁפָּטִים, מַה כְּתִיב אַחֲרָיו (שמות כא, ב): כִּי תִקְנֶה עֶבֶד עִבְרִי.
Another matter, “these are the ordinances,” that is what is written: “So said the Lord: Maintain justice and perform acts of charity” (Isaiah 56:1). That is what the verse states: “These too are for the wise: Showing favor in judgment is no good” (Proverbs 24:23). The Holy One blessed be He said: ‘What caused the judges to know how to judge? It is due to the fact that you received the Torah in which it is written: “These are the statutes, ordinances, and laws”’ (Leviticus 26:46). But know that “showing favor in judgment is no good.” What is “no good”? When a judge sits and judges truthfully, the Holy One blessed be He forsakes the heavens of heavens, as it were, and rests His Divine Presence alongside him, as it is stated: “And that the Lord would establish judges for them, and the Lord would be with the judge” (Judges 2:18). When He sees that he is showing favor, He removes His Divine Presence, as it were, and ascends heavenward. The angels say to Him: ‘Master of the universe, what is disturbing You?’ He says to them: ‘I saw that the judge is showing favor and I departed from there,’ as it is stated: “Because of the robbery of the poor and the groans of the needy, the Lord says: Now I will arise” (Psalms 12:6). What does the Holy One blessed be He do? He draws His sword against him, to apprise that there is a Judge on high, as it is stated: “Beware of the sword, for fury by the sword will be for iniquity, so that you will know that there is punishment [shadun]” (Job 19:29); it is written shadin,87The word is traditionally written with a yod, such that it reads shadin, but it is traditionally pronounced shadun, as though written with a vav. that there is justice [sheyesh din] in the world. Therefore, Solomon said: “These too are for the wise: Showing favor in judgment is no good.” The Holy One blessed be He said to him: ‘It is not good for you that I forsake you, as it is stated: “The Lord is good; He is a stronghold on the day of trouble and knows those who take refuge in Him” (Nahum 1:7). That is why it is written: “So said the Lord: Maintain justice and perform acts of charity,” and I will bring Myself close to you, as it is stated: “For My salvation is soon to come”’ (Isaiah 56:1). appointed judges” (II Chronicles 19:5). When the children of Amon and Moav came, they were standing, and the Holy One blessed be He was waging their war, as it is stated: “For the war is not yours, but God’s” (II Chronicles 20:15), just as Moses our master, may peace be upon him, said: “The Lord will wage war for you” (Exodus 14:14). Why? Because they performed justice, they caused the salvation to come. That is why it is stated: “Maintain justice and perform acts of charity, for My salvation is soon to come” (Isaiah 56:1). That is, “these are the ordinances.” What is written thereafter? “If you purchase a Hebrew slave, [six years he shall work, and in the seventh he shall go free]” (Exodus 21:2).
Likewise you find regarding Nebuchadnezzar. When he saw the dream, Daniel entered to him and saw that [God] was destined to drive him away, as it is stated: “You will be driven from men” (Daniel 4:29). He pretended to be trembling and fearful, as it is stated: “Then Daniel, whose name was Beltshatzar, was astonished for some time [and his thoughts terrified him]” (Daniel 4:16). [Nebuchadnezzar] said to him: ‘Why are you afraid?’ [Daniel] said to him: ‘I see the dream but I am unable to say it,’ and said to him: “My lord, may the dream be for your enemy, and its interpretation for your foe” (Daniel 4:16). One who expounds this verse renders Daniel one who spoke impudently vis-à-vis the Most High, as he said to Nebuchadnezzar: “My lord, may the dream be for your enemy.” There was no greater enemy of his than the Holy One blessed be He, as [Nebuchadnezzar] had destroyed His house and exiled His children. Moreover, Israel, too, was his enemy, and he was cursing them.88It was as though Daniel was cursing them by wishing upon them Nebuchadnezzar’s dream. However, Daniel directed his heart to the Holy One blessed be He, and said: ‘My Master who is in Heaven, bring this dream upon this enemy of Yours.’ Nebuchadnezzar said to Daniel: ‘I saw in my dream: “Behold, a tree in the midst of the land…and there was food for everyone in it”’ (Daniel 4:7, 9). This [symbolizes] a king who issues an edict, blockades the sea and everyone dies; he lifts the blockade on the sea and everyone lives. Therefore, “there was food for everyone in it.”
Once [Daniel] told him the meaning of the dream, [Nebuchadnezzar] said to him: ‘What is your advice to me?’ He said to him: “Therefore, king, let my counsel be acceptable to you: redeem your sins with charity” (Daniel 4:24). The Holy One blessed be He said to [Daniel]: ‘I conveyed [the value of] charity to Abraham, as it is stated: “For I have known him, so that he will command…[to perform acts of charity]” (Genesis 18:19), and you say to this wicked one: “Redeem your sins with charity”?’89God did not want Nebuchadnezzar to know that he could expiate his sins via charity. Rather, he said to Nebuchadnezzar: ‘Perform acts of charity and open your storehouses’ because he saw that Israel had departed Jerusalem naked, without the value of a peruta in their possession. That is why he said to him to perform acts of charity.90Daniel’s intention in advising Nebuchadnezzar was to provide for the destitute Jewish refugees for the benefit of the Jews, not for the benefit of Nebuchadnezzar.
He opened his storehouses and he was supporting Israel for twelve months. “At the end of twelve months [he was walking atop the royal palace of Babylon]” (Daniel 4:26). Nebuchadnezzar heard the sound [of a crowd] gathering. He said: ‘From where is that sound coming?’ They said to him: ‘It is those poor people to whom you said to give a portion, and we have been distributing it to them for twelve months, as you said.’ He said: ‘Had it not been for the wealth that I had, with what would I have constructed this entire province in my honor, as it is stated: “The king spoke, saying: Is this not the great Babylon?” (Daniel 4:27), and I am wasting all my property? If my property will be gone, I will have no honor.’ He locked the storehouses. Once he said that, a Divine Voice responded to him from Heaven, as it is stated: “While the matter was yet in the mouth of the king, a voice fell from the heavens: [To you it is said, King Nebuchadnezzar, the kingdom is removed from you]” (Daniel 4:28). What caused you to sit in tranquility for twelve months? It was the charity. If for this wicked one it is so, for Israel all the more so. That is, “maintain justice and perform acts of charity” (Isaiah 56:1).
This is analogous91This analogy pertains to the continuation of the verse cited above from Isaiah, “for My salvation is soon to come” (Isaiah 56:1). to a person who entered a province and heard that a gladiatorial exhibition was taking place. He went and he asked a gladiator: ‘When will the gladiatorial exhibition take place?’ He said to him: ‘It is far off.’ He went and asked the one staging the exhibition. He said: ‘It is soon.’ That one said: ‘Did I not ask the gladiator, and he said it was far off?’ He said to him: ‘You thought to ask the gladiator? Does he wish me to stage the exhibition? Does he not know that he will participate and be killed?’ So too, Israel asked Bilam: ‘When will the salvation be?’ He said to them: “I see him, but not now; I behold him, but not near” (Numbers 24:17). The Holy One blessed be He said to them: ‘Is this what you thought? Do you not know that ultimately Bilam will descend to Gehenna and does not want My salvation to come? Rather, emulate your patriarch: “For Your salvation I await, Lord” (Genesis 49:18). Anticipate salvation, as it is near.’ That is why it is stated: “For My salvation is soon to come” (Isaiah 56:1).
Another matter, “for My salvation is soon to come,” ‘for your salvation is soon’ is not written, but rather, “My salvation.” May His name be blessed. Had the matter not been written, it would have been impossible to say it. The Holy One blessed be He said to Israel: ‘If you do not have merit, I will do it for My sake. As it were, all the days that you are there in distress, I am with you, as it is stated: “I will be with him in distress” (Psalms 91:15). And I will redeem Myself, as it is stated: “He saw that there was no man and He was astonished…[His arm brought salvation for Him]”’ (Isaiah 59:16). Likewise it says: “Rejoice greatly, daughter of Zion; cheer, daughter of Jerusalem: Behold, your king will come to you; he is righteous and redeemed” (Zechariah 9:9). ‘And redeeming,’ is not written here, but rather, “redeemed.”92Although the plain meaning of the verse refers to a human king, the midrash takes it to allude to God, who is described as redeeming Himself. That is, even if you do not have actions to your credit, the Holy One blessed be He will do it for His sake, as it is stated: “For My salvation is soon to come.”
Another matter, “maintain justice and perform acts of charity,” (Isaiah 56:1), that is what is written: “I performed justice and acts of charity; do not leave me to my oppressors” (Psalms 119:121). Israel said to Him: ‘Master of the universe, see that we are seeking to perform justice and acts of charity, but we fear the idolaters; do not deliver us into their hands.’ That is, “I have performed justice and acts of charity.” This is analogous93The following analogy pertains to the conclusion of the verse in Isaiah 56:1, which states “and My righteousness to be revealed.” to a merchant who sought to travel on the road, but heard that there were robbers on the road. What did he do? He took his merchandise and exchanged it for gems and diamonds. He set out on the road and the robbers apprehended him. They said to him: ‘What do you have in your possession?’ He said to them: ‘Glassware.’ They said to him: ‘How much is this worth?’ He said to them: ‘Two for a sela, three for a sela.’ They said to each other: ‘For this will we kill him?’ They left him alone. He entered the city. He began opening the chests and he sat and began selling. Those robbers entered and saw him sitting and selling. They said to him: ‘How much for this?’ He said: ‘This is for twenty gold pieces, that is for thirty gold pieces.’ They said to him: ‘Are you not the one who said to us on the way: Two for a sela, three for a sela?’ He said to them: ‘Yes. However, at that moment I was in a place of death.94I said so because my life was in danger. Now, if you do not give me its price, you will not take it.’ So it is for Israel. In this world, one who performs mitzvot does not know the reward to be given for them. However, in the World to Come, when they see the reward given for mitzvot, they will be astonished, as the entire world is not able to contain the reward, as it is stated: “They never take heed, they did not they listen; no eye has seen [besides You, God, that which He will do for one who awaits Him]” (Isaiah 64:3). Have they never heard? It is, rather, that they are unable to hear the reward given for mitzvot.95In this world, they cannot comprehend the reward given for mitzvot. That is why it is stated: “For My salvation is soon to come, [and My righteousness to be revealed]” (Isaiah 56:1).
The Holy One blessed be He said: ‘I will bring the salvation, as it is stated: “Salvation belongs to the Lord” (Psalms 3:9). One who performs justice, I write in his regard that he brings the salvation near.’ Likewise, you find regarding Yehoshafat, who appointed judges, as it is stated: “He