פרשת משפטים תשכ"ח - העבד העברי
"וְאֵלֶּה הַמִּשְׁפָּטִים אֲשֶׁר תָּשִׂים לִפְנֵיהֶם"
Now these are the ordinances which thou shalt set before them.
ד"ה ואלה המשפטים: כל מקום שנאמר "אלה" פסל את הראשונים, "ואלה" – מוסיף על הראשונים, מה הראשונים מסיני, אף אלו מסיני. ולמה נסמכה פרשת דינין לפרשת מזבח? לומר לך שתשים סנהדרין אצל המקדש.
ואלה המשפטים NOW THESE ARE THE JUDGMENTS — Wherever אלה, “these are”, is used it cuts off (פוסל) the preceding section from that which it introduces; where, however, ואלה “and these” is used it adds something to the former subject (i. e. forms a continuation of it). So also here: “And these are the judgments (i. e. these, also)”: What is the case with the former commandments (the עשרת הדברות)? They were given at Sinai! So these, too, were given at Sinai! (Mekhilta d'Rabbi Yishmael 21:1:1; Shemot Rabbah 30:3; cf. also Midrash Tanchuma, Mishpatim 3) If this be so, why is this section dealing with the “civil laws” placed immediately after that commanding the making of the altar? To tell you that you should seat (i. e. provide quarters for) the Sanhedrin in the vicinity of the Temple.
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והלא לא הביא רש"י מכל אותן דרשות שדרשו על סמיכות הפרשיות אלא אותן שאינן כתובות על הסדר, (שהן, הדרשות, קרובות לפשוטו של מקרא) אבל לא אותן שלא נתפרש בהן שהן אינן על הסדר, מפני שאין צריך לתת טעם על סמיכותם. ומנא ליה לרש"י לומר דפרשת משפטים אינה כתובה על הסדר עם הפרשה הקודמת לה, עד שהוצרך לומר: למה נסמכה פרשת דינין לפרשת המזבח?
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..."Why was the section of the laws made adjacent to the [section about the] altar": And is it not the case that Rashi only cited those that expounded about the adjacency of sections when they are not written in [chronological] order - when they [expounded in a manner] that was close to the simple meaning of Scripture? But not those sections that are not understood as being out of order - as there is no need to give a reason for their adjacency...
"וְאֵלֶּה הַמִּשְׁפָּטִים אֲשֶׁר תָּשִׂים לִפְנֵיהֶם"
Now these are the ordinances which thou shalt set before them.
ד"ה אשר תשים לפניהם: אמר לו הקב"ה למשה: לא תעלה על דעתך לומר: אשנה להם הפרק וההלכה שתים או שלוש פעמים, עד שתהא סדורה בפיהם כמשנתה, ואיני מטריח עצמי להבינם טעמי הדבר ופירושו, לכך נאמר: "אשר תשים לפניהם" - כשולחן ערוך ומוכן לאכול לפני האדם. (גור אריה: כמו שולחן ערוך לפני האדם ומוכן לאכול).
אשר תשים לפניהם WHICH THOU SHALT PUT BEFORE THEM — God said to Moses: It should not enter your mind to say, “I shall teach them a section of the Torah or a single Halacha twice or three times until it will become current in their mouths exactly according to its wording (i. e. until they know the text verbatim), but I shall not take the trouble to make them understand the reason of each thing and its significance”; therefore Scripture says, אשר תשים לפניהם, “which thou shalt set before them” (cf. Genesis 34:23) — like a table fully laid before a person with everything ready for eating (Mekhilta d'Rabbi Yishmael 21:1:1).
"שֵׁשׁ שָׁנִים יַעֲבֹד וּבַשְּׁבִעִת יֵצֵא לַחָפְשִׁי חִנָּם"
If thou buy a Hebrew servant, six years he shall serve; and in the seventh he shall go out free for nothing.
"שש שנים יעבד" – שומע אני כל עבודה במשמע? ת"ל (ויקרא כ"ה) "לא תעבד בו עבודת עבד". מכאן אמרו: לא ירחץ לו רגליו ולא ינעל לו מנעליו ולא יטול לו כליו לבית המרחץ ולא יסמיך לו במתניו כיון שעולה במעלה, ולא יטלנו לא בפוריון (=אפריון, כורסא או מיטה לשאת בה אדם) ולא בכסא ולא בלקטיקא (כסא עם מוטות לשאת בו איש) כדרך שעבדים עושים.
(Exodus 17:1) "And the entire congregation of the children of Israel journeyed from the desert of Sin … and they encamped in Refidim": (homiletically,) "rafu yadam" ("their hands weakened") in words of Torah. And because Israel grew lax in Torah, Amalek attacked them (viz. 17:8), for the foe comes only as the result of sin and transgression. (17:2) "And the people quarreled with Moses": They transcended the norm. The "norm" (in such a situation) is for a man to grumble in his house for the "benefit" of his younger son, but here, they vented their anger at the highest. Thus, "And the people quarreled (with Moses"). They transcended the norm. "And Moses said to them: Why would you quarrel with me?" He said to them: When you quarrel with me, you are trying the L rd, viz. (Ibid.) "Why would you try the L rd?" Variantly: Whenever you wrangle with me, the Holy One Blessed be He performs miracles and wonders for you and His name is exalted in the world! (Exodus 17:3) "And the people thirsted there for water": Until now thirst did not afflict them, but here, thirst did afflict them. What is written elsewhere? (Ibid. 15:23) "And they came to Marah and they could not drink the waters, etc." But here, thirst did afflict them. "and the people caviled against Moses, etc.": From here R. Hoshiya says: "If the house falls, woe to the window!" (Ibid.) "and my cattle by thirst": They likened their beasts to themselves. They say: "A man's beast is his life." If one goes on the way and his beast is not with him, he suffers. (Exodus 17:4) "and Moses cried out to the L rd": We are hereby apprised of the eminence of Moses. He did not say: Since they are quarreling with me I will not implore mercy for them, but "And Moses cried out to the L rd." "saying: What can I do to this people?" Moses said before the Holy One Blessed be He: L rd of the universe, between You and them I will be killed! And You tell me not to be harsh with them, viz. (Numbers 11:12) "For You say to me: "Bear them in your bosom as a nurse bears a nursling, etc." — when they want to kill me! Here the L rd "lowers" (Himself) and Moses "raises" himself (in protest). And elsewhere the L rd "raises" (Himself) and Moses "lowers" himself, viz. (Exodus 32:10) "And now leave Me and I will annihilate them, etc.", followed by (Ibid. 11) "And Moses prayed before the L rd, etc." (Exodus 17:5) "And the L rd said to Moses: Pass over, etc.": Pass over (i.e., overlook) their words. R. Yehudah says: Pass by them, for you will find water for them. R. Nechemiah says: Forgive their sin. Variantly: "Pass before the people" and whoever is bothered, let him speak! "and take with you some of the elders of Israel": as testimony that there were no waters there (at the rock) before. "And your staff with which you smote the Nile take in your hand, etc.": because of their (seditious) "murmurings." This is one of the three instances where Israel "murmured" against them (the L rd and Moses) and said: They (the following) are instruments of punishment, (but not of good): the incense, the ark, and the staff. They said: This incense is an instrument of punishment. It killed Nadav and Avihu, viz. (Leviticus 10:1) "And the sons of Aaron, Nadav and Avihu, took each of them his coal-pan, etc." Therefore, let all of Israel know that it can (also) effect atonement, viz. (Numbers 17:12) "and he put on the incense and he atoned for the people." They said: This ark is an instrument of punishment. It smote the men of Beth Shemesh, viz. (I Samuel 6:19) "And He smote the men of Beth Shemesh because they looked into the ark of the L rd, etc." And it smote Uzzah, viz. (II Samuel 6:7) "and the wrath of the L rd burned against Uzzah … and he died there by the ark of G d." Therefore, let Israel know that it can (also) effect blessing, as it is written (Ibid. 11) "And the ark of the L rd remained in the house of Oved-Edom the Gittite … and the L rd blessed Oved-Edom, etc." They said: This staff is an instrument of punishment. It brought ten plagues upon the Egyptians in Egypt and ten upon the sea. Therefore, let them know that it can (also) effect (beneficent) miracles, as it is written "And your staff with which you smote the Nile, etc." … because of their "murmurings." (Exodus 17:6) "I am standing there (on the rock) before you": The Holy One Blessed be He (hereby) said to him: Wherever you find a man's footprints, I am there before you. "and you shall strike into the rock": From here, R. Yossi b. Zimra says: The staff was of (hard) sapphire, it not being written "and you shall strike on the rock, but "and you shall strike into the rock." (Exodus 17:7) "And he called the name of the place Massah and Merivah." R. Yehoshua says: Moses called it Massah and Merivah, it being written "And he called the name of the place Massah and Merivah." R. Elazar Hamodai says: The L rd, (who is called "Makom" ("the Place"), called it Massah and Merivah, it being written "And He, the Makom, called it Massah and Merivah" — whence it is seen that the Holy One Blessed be He is called "Makom." ("Merivah") — "because of the riv of the children of Israel": R. Yehoshua says: Israel said: If he is the master ("ribbon" [like "riv"]) of all acts, as He is our Master, we shall know … and if not, we shall not know. R. Eliezer says: They said: If He satisfies our needs, we will serve Him; if not, we will not serve Him. Thus, "because of the riv of the children of Israel, and because of their trying ('nasotham' [like "Massah"]) the L rd, saying: 'Is the L rd in our midst or not?'" (Exodus 17:8) "And Amalek came": This verse is recondite and is explicated by (Iyyov 8:11) "Can the rush grow without swamp? Can grass grow without water?" So, Israel without Torah. And because Israel separated from Torah, therefore, the foe (Amalek) came upon them. For the foe comes only by reason of sin and transgression. Thus, "And Amalek came, etc." R. Elazar Hamodai says: "And Amalek came": Amalek "sneaked" under the edges of the cloud and snatched souls of Israel and killed them, viz. (Devarim 25:18) (Amalek) "who met you on the way … when you were faint and weary and (Amalek) did not fear G d." Others say: This refers to Israel, who (at that time) did not have mitzvoth in their hands. R. Eliezer says: "And Amalek came": It came bare-faced. For all of its other comings were surreptitious, viz. (Devarim, Ibid.) "who met you on the way," but here, it came (blatantly and) bare-faced. Thus, "And Amalek came." R. Yossi b. Chalafta says: "And Amalek came": He came with counsel. We are hereby apprised that he gathered all the nations together and said to them: Come and help me against Israel. They replied: We cannot stand up against him. Pharaoh could not withstand them, for the Holy One Blessed be He drowned them in the Red Sea, viz. (Psalms 136:15) "And He threw out Pharaoh and his hosts in the Red Sea" — How can we stand up against them? Amalek: Come and I will counsel you: If they defeat me, flee; and if not, come and help me against Israel. Thus, "And Amalek came" — he came with counsel. R. Yehudah says: Amalek skipped five nations and he came and warred with Israel, viz. (Numbers 13:29) "Amalek dwells in the southland; the Chitti, (the Chivi) the Yevussi and the Emori dwell in the mountain, and the Canaani dwells by the sea," (Amalek) being the innermost. R. Nathan says: (Amalek) came from the mountains of Seir. Amalek skipped four hundred parasangs and came to war against Israel. Others say: Let Amalek, the ingrate, come and exact payment of the ingrate people (Israel). Similarly, (II Chronicles 24:26) "And these are the men who rebelled against him (Yoash), etc.": Let these ingrates come and exact payment of the ingrate Yoash, viz. (Ibid. 22) "and King Yoash did not remember the lovingkindness that (Zechariah's) father Yehoyada had done for him, and he killed his son. As he was dying, he said: "May G d see this and demand redress." What was his punishment? (Ibid. 23) "And it happened at the turn of the year that the army of Aram attacked (Yoash) …and the L rd delivered into their hands a great host." Why? (Ibid. 24) "for they had forsaken the L rd, the G d of their fathers. And with Yoav they effected shefatim." Do not read it "shefatim" (judgment), but "shoftim" (judges). How so? They appointed over him cruel guards, who had never known a woman in their lives and who tortured him with sodomy, as it is written (Hoshea 5:5) "And the pride of Israel (Yoash) will be tortured, etc." (II Chronicles 24:25) "and when they left him (Yoash) — for they left him with many wounds — his servants rebelled against him because of the blood of the sons of Yehoyada the Cohein, and they killed him on his bed and he died." "and warred with Israel in Refidim": R. Chaninah said: I asked this of R. Elazar in the Great College. How is "Refidim" to be understood? He answered: as is (i.e., as a place name). R. Chanina said further: I asked R. Elazar: Why are the first-born of asses (especially) to be redeemed, and not those of horses or of camels? It was an exigency of the time, for at that time they had only asses, there being no Israelite who did not bring up with him ninety asses laden with silver and gold. Others say: "Refidim" is acronymic for "rifyon yadayim" ("weakness of hands"). Because the hands of Israel had weakened in Torah study, the foe came upon them, this transpiring only because of "weakness of hands" in Torah study, viz. (II Chronicles 12:1) "And it was, when the kingship of Rechavam was firmly established, and he grew strong that he abandoned the Torah of the L rd, he and all of Israel with him." What was the punishment for this? (Ibid. 2) "Shishak the king of Egypt came up against Jerusalem … (9) "and he took the treasures of the house of the L rd" (and he returned them to Egypt). And this (i.e., the treasures, etc.) was one of the three things that "returned to their place": the exile of Judah, viz. (Joshua 24:2) "Beyond the river (Euphrates, i.e., in Bavel) did your forefathers dwell," and (Ezra 5:12) "He (Nevuchadnezzar) destroyed this house (the Temple) and exiled the people to Bavel;" the writ of Heaven, (i.e., when Moses broke the tablets, the letters returned to Heaven), viz. (Mishlei 23:5) "If you turn your eyes from it (Torah) it is gone … and flies to Heaven"; the wealth of Egypt (as above). (Exodus 17:9) "And Moses said to Joshua, etc.": whence it is seen that he equated Joshua with himself. All men are hereby apprised of proper deportment. Moses did not say to Joshua "Choose for me men," but "Choose for us men." And whence is it derived that the honor due one's friend is to be as beloved by him as the fear of his teacher? From (Numbers 12:11) "And Aaron said to Moses: 'I pray you, my lord.'" Now was Aaron not Moses' brother, and older than he? How, then, is "I pray you, my lord" to be understood? He equated him with his teacher. And whence is it derived that the fear of one's teacher is to be equated with that of Heaven? From (Numbers 11:28) "And Joshua the son of Nun, the attendant of Moses from his youth, answered: "My lord, Moses, destroy them" — Just as the L rd can destroy them, so, can you. And thus do you find with Gechazi. When Elisha said to him (II Kings 4:29) "Gird your loins and take my staff in your hand," he began to support himself on his staff and to go. They (i.e., strangers) asked him: Where are you going Gechazi? He answered: To revive the dead. They: Now can you revive the dead? Is it not written (I Samuel 2:6) "The L rd puts to death and brings to life"? He: My master, too, puts to death and brings to life. (Exodus 17:9) "Choose for us men": R. Yehoshua says: (The intent is) Choose for us warriors. R. Eliezer Hamodai says: (The intent is) Choose for us fearers of sin. "and go out and do battle with Amalek": R. Yehoshua says: Moses said to Joshua: Go out from under the cloud and do battle with Amalek. R. Eliezer Hamodai says: Moses said to Joshua: Why are you guarding your head? Is it not for the crown? (You have nothing to fear) Go out from under the cloud and do battle with Amalek. "Tomorrow I shall stand on top of the hill with the staff of G d in my hand": Tomorrow we will be with you, standing on top of the hill. These are the words of R. Yehoshua. R. Eliezer Hamodai says: (The intent is) Tomorrow we will decree a fast and we will put our trust in the deeds of the fathers. "top" — the deeds of the patriarchs; "hill" — the deeds of the matriarchs.... "with the staff of G d in my hand": Moses said before the Holy One Blessed be He: L rd of the universe, with this staff You took Israel out of Egypt. With this staff You split the sea for them. With this staff You wrought miracles and mighty acts for them. With this staff You will perform miracles and mighty acts for them at this time. Issi b. Yehudah says: There are five ambiguous verses in the Torah: "se'eth," "arur," "machar," "meshukadim," and "vekam.": "se'eth" — (Genesis 4:7) "If you do well, you will be forgiven (se'eth)" or "You will bear your sin (se'eth), if you do not do well." "arur" — (Ibid. 49:7) "Arur (Cursed) is their wrath, for it is fierce" or (Ibid. 6) "for in their wrath they slew a man, and in their wilfulness they razed an ox. Arur ("they are cursed.") "machar" ("tomorrow") — (Exodus 17:9) "Machar I will stand on top of the hill" or "Go out and do battle with Amalek machar." "meshukadim" ("of beaten work") — (Exodus 25:34) "meshukadim its bulbs and its flowers" or "in the menorah, four bowls meshukadim." "vekam" — (Devarim 31:16) "Vekam ("and there will arise") this people and they will stray, etc." or "you shall lie down with your people vekam" ("and arise"). These are the five ambiguous verses in the Torah. (Exodus 17:10) "And Joshua did as Moses said to him": as he was commanded. He did not transgress the decree of Moses. "and Moses, Aaron and Chur went up to the top of the hill": as we mentioned: to bring to mind the deeds of the patriarchs and the matriarchs, viz. (Numbers 23:9) "for from 'the peaks of the rocks' (the patriarchs) I see him; from 'the hilltops' (the matriarchs) I gaze upon him." (Ibid. 11) "And it was, when Moses lifted his hand, that Israel prevailed, etc." Now do the hands of Moses strengthen Israel or break Amalek? Rather, whenever Moses lifted his hand heavenward, they gazed at it and affirmed their faith in Him who commanded Moses to do thus, and the Holy One Blessed be He wrought for them miracles and mighty acts. Similarly, (Numbers 21:8) "Make for yourself a saraf (a fiery serpent), etc." Now does a snake put to death or bring to life? Rather, whenever he did so, Israel would gaze at it and affirm their faith in Him who commanded Moses to do thus, and the Holy One Blessed be He wrought healings for them. Similarly, (Exodus 12:13) "And the blood shall be for you as a sign, etc." Now how can the blood affect an angel or Israel? Rather, when Israel did this and placed the blood on their doors, the Holy One Blessed be He pitied them, viz. (Ibid. 23) "And the L rd shall skip over the door." R. Eliezer says: What is the intent of "and Israel will grow strong" or "and Amalek will grow strong"? __ Whenever Moses would raise his hands heavenward, Israel strengthened themselves in words of Torah, which were destined to be given by his hands. And whenever he lowered his hands, Israel weakened in words of Torah, which were destined to be given by his hands. (Ibid. 17:12) "And the hands of Moses became heavy": From here we derive that one should not be lax in (the performance of) mitzvoth. For if Moses had not said to Joshua (Ibid. 9) "Choose men for us," he would not have been wearied thus. They said: Moses' hands became so heavy at that time as one who had two pitchers of water hung upon them. "and they took a stone and placed it beneath him.": Now did Moses lack a pillow or a blanket to place beneath him? Moses said: If Israel are suffering, I shall suffer with them. "and Aaron and Chur supported his hands": lifting them and lowering them. "and his hands were steadfast until the sun set": We are hereby apprised that he was (occupied with prayer and) fasting (until sunset). These are the words of R. Yehoshua. R. Eliezer Hamodai sys: The sin (of Israel) weighed down Moses' hands and he could not support them. What did he do? He turned to the deeds of the patriarchs, viz. "and they took a stone and they placed it beneath him": "and they took a stone" — the deeds of the patriarchs (viz. Genesis 49:24). "and he sat upon it (feminine) — the deeds of the matriarchs. ... "and Aaron and Chur supported his hands — one on one side, one on the other," Aaron intimating the act of Levi, (their not sinning with the golden calf), Chur intimating the act of Judah, (their plunging into the Red Sea.) From here (Moses, Aaron, and Chur) we derive that no fewer than three officiate before the ark on a public fast. "and his hands were steadfast": one hand, in that he had not taken aught from Israel; the other hand, Moses saying before the Holy One Blessed be He: L rd of the universe, by my hand You took Israel out of Egypt, and by my hand You split the sea for them, and by my hand You wrought for them miracles and acts of might. So, by my hand, perform for them miracles and acts of might at this time. "until the sun sets": We have learned about all the other kingdoms that they waged war only until the sixth hour of the day, but this culpable kingdom (Amalek) does so from sunrise to sunset. (Exodus 17:13) "And Joshua weakened ("vayachalosh") Amalek and his people ('amo')": R. Yehoshua says: He descended and decapitated his heroes, who stood with him in the ranks of war. R. Eliezer says: (the verse is) acronymic: "vayachalosh" — "and he broke"; "Amalek" — as stated; "eth Amalek" — his wife and children; "amo" — the warriors "imo" ("with him"); "eth amo" — the warriors with his children. "with the sword": R. Yehoshua says: He did not mutilate them, but judged them with mercy. R. Eliezer says: "with the sword": Why is this ("lefi charev") stated? To apprise us that this war was by the word ("fi" = mouth) of the Omnipotent. Others say: The following verse was fulfilled in them (Ezekiel 35:6): "Therefore, as I live, says the L rd G d, I will turn you to blood, and blood will pursue you. You have hated blood and blood will pursue you." (Exodus 17:14) "And the L rd said to Moses: Write this as a remembrance in the book and place it in the ears of Joshua": The early elders said: So is it with all the generations. The rod with which Israel is smitten, in the end, will be smitten itself. Let all men learn from Amalek, who came to smite Israel, and whom the Holy One Blessed be He "smote" out of this world and the world to come. As it is written (Ibid.) "for blot out will I blot out the remembrance of Amalek." And thus, the wicked Pharaoh, who subjugated Israel — the Holy One Blessed be He drowned him in the Red Sea, viz. (Psalms 136:15) "And He shook out Pharaoh and his hosts in the Red Sea." And thus, every people and kingdom that arises to harm Israel will be harmed in the same manner. "As one metes it out, so is it meted out to him," viz. (Exodus 18:11) "for (they were destroyed) by the (very) thing (water) whereby they devised evil against them." "Write this as a remembrance in the book": "this" — what is written here; "remembrance" — what is written in Prophets (I Samuel 15:2); "in the book" — the Megillah. "and place it in the ears of Joshua": We are hereby apprised that Joshua was anointed on that day. These are the words of R. Yehoshua. R. Eliezer Hamodai says: He (Moses) is one of the four tzaddikim to whom He gave a hint (of what was to follow): Two took the hint and two did not take it. Moses was given a hint but did not take it. Jacob was given a hint but did not take it. David and Mordecai were given a hint and they took it. Moses, wherefrom? "and place it in the ears of Joshua." He was thereby intimating that Joshua would cause Israel to inherit the land, and, in the end, Moses arose and implored (that he be permitted to enter the land, etc.), viz. (Devarim 3:24) "And I entreated the L rd at that time, saying, etc." An analogy: A king decrees that his son not enter his palace with him. He enters the first door and he is met with silence; and so, the second. At the third, he is rebuked and told: It is enough for you until here. Similarly, when Moses conquered the land of the two nations, Sichon and Og, and he gave it to Reuven and Gad and the half tribe of Menasheh, he said: It seems to me that the decree (of the L rd) is conditional, at which he said to the Holy One Blessed be He: Can it be that Your ways are like those of flesh and blood? The apitoropos makes a decree and the kalidikos abrogates it; the kalidikos makes a decree and the dikorion abrogates it; the dikorion makes a decree and the hegmon abrogates it; the hegmon makes a decree and the ipitikos abrogates it; the ipitikos makes a decree and the overlord comes and abrogates all of them? Why so? For all are appointees of his, one above the other; but his decree cannot be abrogated? __ But You are not like this! You decree and a tzaddik can abrogate it. (Devarim, Ibid.) "For who is Almighty in the heavens and in the earth to do as Your deeds ad as Your strength": "as Your deeds" — at the Red Sea; "and as Your strength" — at the streams of Arnon. (Ibid. 25) "Let me pass over, na and see": "na" is a term of imploration. "the good land" — Eretz Yisrael; "this good mountain" — the mountain of the King (i.e., Jerusalem); "and the Levanon" — the Temple. As it is written (Zechariah 11:1) "Open your doors, O Levanon," and (Isaiah 10:34) "And the Levanon will fall by a mighty one."... (Devarim 3:26) "And the L rd was wroth with me ("bi") because of you": R. Elazar b. Shamua says: "bi": This, (cognate with "I pray you,") is a conventional form of request in human intercourse. Lest you say that it lies in me (that I cannot enter the land); it is, therefore, written "because of you," and not because of me, that I cannot enter the land. "and the L rd said to me: 'It is much for you'" — Enough, until here! R. Yehoshua says: "It is much for you." The world to come is enough for you. But Moses persisted in standing there and making all those requests. Moses said before Him: L rd of the universe, was Your intent in (Numbers 20:12) "therefore, you shall not bring this congregation to the land," that I not enter it as a king? I will enter it as a commoner. The L rd: A king does not enter as a commoner. He persisted in standing before Him and making all those requests. Moses said before the Holy One Blessed be He: L rd of the universe, since it has been decreed that I not enter the land, neither as a king nor as a commoner, let me enter through the tunnel of Caesarea, which is beneath it. The L rd: (Devarim 34:4) "but there shall you not pass through." Moses: L rd of the universe, since it has been decreed upon me that I enter neither as a king nor a commoner nor through the tunnel of Caesarea which is beneath it, let my bones, at least, cross the Jordan. The L rd (Devarim 3:27) "for you will not cross the Jordan." R. Shimon b. Yochai says: This verse is not needed, for it is already written (Ibid. 4:22) "For I shall die in this land. I shall not cross the Jordan." Now is it possible for a dead man to cross? It must have been told to Moses that his bones would not cross the Jordan. R. Chananiah b. Iddi says: Moses bewept himself, viz.: "for you shall cross, but I shall not cross." Others say: Moses bent over the feet of Elazar and said to him: Elazar, my brother's son, implore mercy for me as I did for Aaron your father, viz. (Devarim 9:20) "And against Aaron the L rd was wroth to destroy him, and I prayed for Aaron, too." He said before Him: L rd of the universe, If so, let me (at least) see it with my eyes. And in response to this it was said (Ibid. 3:27) "Go up to the top of Pisgah and lift up your eyes, etc." R. Chanina b. Akiva says: "More beloved" was the seeing of our father Abraham than that of Moses. For Abraham was not caused to exert himself whereas Moses was. What is stated of Abraham? (Genesis 13:14) "Lift up your eyes now and see from the place where you are north and south and east and west. "And of Moses what is stated? (Devarim, Ibid.) "Go up to the top of Pisgah and lift up your eyes to the west, to the north, to the south and to the east, and see with your eyes" — Go up, and look, and see. And whence is it derived that all of Moses' requests were granted by the Holy One Blessed be He? From (Ibid. 34:1) "And the L rd showed him the whole land." This is Eretz Israel. He asked to see the Temple and He showed it to him, viz. (Ibid.) "and Gilead," Gilead being the Temple, viz. (Jeremiah 22:6) "Gilead are you (the Temple) to Me, the head of the Levanon." Whence is it derived that He showed Him also Shimshon the son of Manoach? From (Devarim, Ibid.) "until Dan," it being written elsewhere (Judges 13:2) "And there was a man from Tzarah, of the family of Dan, whose name was Manoach, etc." Variantly: "until Dan" ("ad Dan"). The tribes had not yet come to the land, and Eretz Yisrael had not yet ("adayin" [acronymic of "ad dan"]) been apportioned among the tribes. What, then, is the intent of "ad Dan"? The L rd had said to Abraham: Twelve tribes are destined to issue from your loins, and this is the portion of one of them. Similarly, (Genesis 14:14) "And he (Abraham) pursued (them) until Dan." The tribes had not yet come to the land, and Eretz Yisrael had not yet been apportioned among the tribes. What, then, is the intent of "until Dan"? It was told to our father Abraham: In this place your children are destined to serve idolatry, and his strength (in pursuing them) waned. And whence is it derived that He showed him Barak? From (Devarim 34:2) "and all of Naftali," it being written elsewhere (Judges 4:6) "And she sent and summoned Barak the son of Avinoam of Kedesh-Naftali." And whence is it derived that He showed him Joshua in his kingdom? From (Devarim, Ibid.) "and the land of Ephraim," it being written elsewhere (Numbers 13:8) "from the tribe of Ephraim, Hoshea the son of Nun." And whence is it derived that He showed him Gideon? From (Devarim, Ibid.) "Menasheh," it being written (of Gideon) elsewhere (Shoftim 6:15) "My clan is the humblest in Menasheh". And whence is it derived that He showed him David in his kingdom? From (Devarim, Ibid.) "and the whole land of Judah," it being written elsewhere (I Chronicles 28:4) "And the L rd … chose me (David) of all the house of my father to be king over Israel forever. For he chose Judah to be ruler." And whence is it derived that He showed him all the west? From (Devarim, Ibid.) "until the western sea (the Mediterranean)." And whence is it derived that He showed him even the graves of the forefathers? From (Ibid. 3) "and the south," it being written of their graves that they are in the south, viz. (Numbers 13:12) "and they went up into the south and they came to Chevron" (where the forefathers are buried.) And whence is it derived that He showed him the overturning of Sodom and Gemorah? From (Devarim, Ibid.) "and the plain," it being written elsewhere (of these cities, Genesis 19:25) "and He overturned these cities and all of the plain." And whence is it derived that He showed him Gog and all of his hosts? From (Devarim, Ibid.) "the valley of Jericho, Gog and all of his hosts being destined to ascend and to fall in the valley of Jericho. Variantly: "in the valley of Jericho": Now can the valley of Jericho not be seen by any person? (The intent is:) Just as a plain is cultivated, one field of wheat, another of barley, so He showed him all of Eretz Yisrael cultivated as the valley of Jericho. And whence is it derived that He showed him Devorah? From (Ibid.) "the city of palm trees until Tzoar," it being written elsewhere (Judges 4:5) "and she sat under the Palm of Devorah." And whence is it derived that He showed him the wife of Lot? From "until Tzoar," and elsewhere (Genesis 19:23) "and Lot came to Tzoar." (reversion to what precedes:) Jacob was given a hint and he did not take it, it being written (Genesis 28:15) "And, behold, I am with you, and I shall keep you wherever you go," yet he was frightened and he feared, as it is written (Ibid. 32:8) "And Jacob feared greatly and he was distressed." A man whom the Holy One Blessed be He had assured feared and was frightened? (How can that be?) Our father Jacob thought: Woe unto me; perhaps my sins will cause (the abrogation of the assurance.) David was given a hint and he took it, viz. (I Samuel 17:36) "Both the lion and the bear has your servant slain." Why then should I fear (Goliath, I) who have killed these (other) wild beasts? It must be that something is destined to transpire in Israel and that they are destined to be saved by me! Mordechai was given a hint and he took it, viz. (Esther 2:11) "And every day Mordechai would walk in the courtyard of the harem, etc.": He said: Is it conceivable that this righteous one (Esther) is to marry this uncircumcised one (Achashverosh)! It must be that something (momentous) is in store for the Jews, and that they are destined to be redeemed through her. (Exodus 17:14) "For erase shall I erase": "erase" — in this world; "shall I erase" — in the world to come. "the remembrance" — Haman; "Amalek" — as stated. Variantly: "erase" — him and his descendants; "shall I erase" — him and his families. These are the words of R. Yehoshua. R. Elazar Hamodai says: "remembrance" — Agag; Amalek — as stated. "erase" — him and all his descendants; "shall I erase" — him and all that generation. "from under the heavens": that there be no son or grandson of Amalek under the heavens. R. Yeshoshua says: "a remembrance in the book": When Amalek came to harm Israel under the wings of their Father in heaven, Moses said before the Holy One Blessed be He: L rd of the universe, this wicked one is coming to destroy Your children under Your wings. The book of Torah that You gave them — who will read it? R. Elazar Hamodai says: When Amalek came to harm Israel under the wings of their Father in heaven, Moses said before the Holy One Blessed be He: L rd of the universe, Your children, who You are destined to scatter under the winds of heaven, viz. (Zechariah 2:10) "for as the four winds of heaven have I scattered you, etc." — this wicked one is coming to destroy them under Your wings. The book of Torah that You gave them — who will read it? R. Elazar Hamodai says: When will the name of these go lost? When idolatry will be uprooted, it and its servants, and the L rd will be One in the world, and His kingdom will endure forever and ever — at that time (Ibid. 14:3) "The L rd will go out and He will war against those nations, etc." (Ibid. 9) "And the L rd will be King over all the land, etc." (Eichah 3:66) "You will pursue them with wrath and You will destroy them." R. Yehoshua says: Haman came only as a remembrance for the generations, as it is written (Esther 9:28) "And these days of Purim will not pass from the midst (i.e., from the remembrance) of the Jews." (Exodus 17:15) "And Moses built an altar and he called its name 'the L rd is my miracle.'" Moses (hereby) said: The miracle that the L rd wrought (for me) — He wrought it for Himself (i.e., for the sanctification of His name.) And thus do you find: Whenever a miracle is performed for Israel, that miracle, as it were, is before Him — "The L rd is my miracle." (Isaiah 63:9) "In all of their afflictions, He was afflicted." Joy to Israel — Joy to Him. (I Samuel 2:1) "I rejoice in Your salvation!" (Exodus 17:16) "And he said: For (the) hand by the throne of Kah: The L rd is at war with Amalek, etc.": R. Yehoshua says: When the Holy One Blessed be He sits on the throne of His kingdom, at that time "The L rd is at war with Amalek." R. Elazar Hamodai says: The Holy One Blessed be He swears by His throne of glory: I shall not leave child or grandchild of Amalek under the heavens, (to the extent) that it not be said: "This camel is of Amalek." R. Eliezer says: The L rd swears by His throne of glory: If there comes a man of all the nations to be proselytized, he will be accepted; but Amalek and his household will not be accepted, viz. (II Samuel 1:13) "And David asked the youth who told him: Where are you from? And he said: I am the son of an Amalekite convert." David remembered at that time what had been told to Moses our teacher, that if there comes a man of all the nations of the world to be proselytized, he should be accepted, but if he is of the house of Amalek, he should not be accepted, whereupon (II Samuel , Ibid.) "David said to him: Your blood is on your own head, for your mouth testified against you." This is the intent of (Exodus 17:17) "from generation to generation." Variantly: "from generation to generation": R. Yehoshua says: "from generation" — the life of this world: "to generation" — the life of the world to come. R. Eliezer Hamodai says: from the generation of Moses and from the generation of Samuel, (who commanded that revenge be taken of Amalek.) R. Eliezer says: "from the generation of the Messiah" — two generations. And whence is it derived that the generation of the Messiah is two generations? From (Psalms 72:5) "They will fear You (in the time of the Messiah) with the sun and before the moon, generation, generations."
כל עבד עברי אסור לישראל שקנהו להעבידו בדברים שהם מיוחדים לעשות העבדים, כגון שיוליך אחריו כליו לבית המרחץ או יחלוץ לו מנעליו, שנאמר: "לא תעבוד בו עבודת עבד". אינו נוהג בו אלא כשכיר – שנאמר: "כשכיר כתושב יהיה עמך". ומותר לספר לו שערו ולכבס לו כסותו, ולאפות לו עיסתו; אבל לא יעשנו בלן לרבים, או ספר לרבים, או נחתום לרבים. ואם היתה אומנותו זאת קודם שנמכר, הרי זה יעשה... אבל לא ילמדנו בתחילה מלאכה כלל, אלא אומנות שהיה בה, היא שעושה בה כשהיה עושה מקודם. במה דברים אמורים? בעבד עברי, מפני שנפשו שפלה במכירה, אבל ישראל שלא נמכר מותר להשתמש בו כעבד, שהרי אינו עושה מלאכה זו אלא ברצונו ומדעת עצמו.
An Israelite who bought any Hebrew slave is forbidden to impose upon him humiliating tasks, performed by slaves only, such as making him carry his clothing to the bathhouse, or take off his shoes, as it is written: "Do not subject him to the treatment of a slave" (39). He must treat him as a hired worker, as it is written: "You must let him stay with you as a hired servant and a resident alien" (40).— — This applies only to a Hebrew slave, who feels humiliated by having been sold. It is, however, permissible to impose the work of a slave upon an Israelite who has not been sold, since the latter is doing this work voluntarily and with his own consent.
"וּבַשְּׁבִעִת יֵצֵא לַחָפְשִׁי חִנָּם"
If thou buy a Hebrew servant, six years he shall serve; and in the seventh he shall go out free for nothing.
"וְקִדַּשְׁתֶּם אֵת שְׁנַת הַחֲמִשִּׁים שָׁנָה וּקְרָאתֶם דְּרוֹר בָּאָרֶץ לְכָל יֹשְׁבֶיהָ יוֹבֵל הִוא תִּהְיֶה לָכֶם וְשַׁבְתֶּם אִישׁ אֶל אֲחֻזָּתוֹ וְאִישׁ אֶל מִשְׁפַּחְתּוֹ תָּשֻׁבוּ"
And ye shall hallow the fiftieth year, and proclaim liberty throughout the land unto all the inhabitants thereof; it shall be a jubilee unto you; and ye shall return every man unto his possession, and ye shall return every man unto his family.