ASBI Parsha Class #13: Sanhedrin 59b and Parshat Shmot

(11) Some time after that, when Moses had grown up, he went out to his kinsfolk and witnessed their labors. He saw an Egyptian beating a Hebrew, one of his kinsmen. (12) He turned this way and that and, seeing no one about, he struck down the Egyptian and hid him in the sand. (13) When he went out the next day, he found two Hebrews fighting; so he said to the offender, “Why do you strike your fellow?” (14) He retorted, “Who made you chief and ruler over us? Do you mean to kill me as you killed the Egyptian?” Moses was frightened, and thought: Then the matter is known! (15) When Pharaoh learned of the matter, he sought to kill Moses; but Moses fled from Pharaoh. He arrived in the land of Midian, and sat down beside a well.

Rabbi Ḥanina says: A gentile who struck a Jew is liable to receive the death penalty, as it is stated when Moses saw an Egyptian striking a Hebrew: “And he turned this way and that way, and when he saw that there was no man, he struck the Egyptian and hid him in the sand” (Exodus 2:12).

מכה איש עברי SMITING A HEBREW MAN — beating and flogging him. The latter was the husband of Shelomith, the daughter of Dibri (see Leviticus 24:11), and the Egyptian taskmaster had set his fancy upon her. During the night he compelled him (her husband) to rise and made him leave the house. He, however, returned, entered the house and forced his attentions upon the woman, she believing it was her husband. The man returned and became aware of what had happened, and when the Egyptian perceived that he was aware of it he beat him and flogged him the whole day long (Exodus Rabbah 1:28).

The Gemara states a mnemonic for the upcoming statements of Reish Lakish: Raises, his slave, Shabbat. Reish Lakish says: One who raises his hand to strike another, even if he ultimately does not strike him, is called wicked, as it is stated: “And two men of the Hebrews were struggling with each other, and he said to the wicked one: Why should you strike your friend?” (Exodus 2:13). The phrase: Why did you strike, is not stated, but rather: “Why should you strike,” indicating that one who raised his hand to strike another, even if he ultimately did not strike him, is called wicked.

Whoever sheds human blood,
By human [hands] shall that one’s blood be shed;
For in the image of God
Was humankind made.

§ The Gemara asks: From where are these matters, the Noahide mitzvot, derived? Rabbi Yoḥanan says: It is from that which the verse states: “And the Lord God commanded the man, saying: Of every tree of the garden you may freely eat; but from the tree of the knowledge of good and evil, you shall not eat from it, for on the day that you eat from it, you shall die” (Genesis 2:16–17). The verse is interpreted homiletically as follows: With regard to the term “and…commanded,” these are the courts of judgment; and so it states in another verse: “For I have known him, to the end that he may command his children and his household after him, that they may keep the way of the Lord, to do righteousness and justice” (Genesis 18:19). With regard to the term “the Lord,” this alludes to blessing the name of God; and so it states in another verse: “And he who blasphemes the name of the Lord…shall be put to death” (Leviticus 24:16). “God,” this alludes to idol worship; and so it states: “You shall have no other gods before Me” (Exodus 20:2). “The man,” this alludes to bloodshed; and so it states: “One who sheds the blood of man, by man his blood shall be shed” (Genesis 9:6). With regard to the term “saying,” this alludes to forbidden sexual relations; and so it states: “Saying, if a man sends his wife, and she goes from him and becomes another man’s…will that land not be greatly polluted? But you have played the harlot with many lovers” (Jeremiah 3:1). “Of every tree of the garden” alludes to the fact that one may partake only of items that are permitted to him, as they belong to him, and he may not partake of stolen items. “You may freely eat” alludes to the fact that one may eat fruit, but not a limb from a living animal.

בראשית IN THE BEGINNING — Rabbi Isaac said: The Torah which is the Law book of Israel should have commenced with the verse (Exodus 12:2) “This month shall be unto you the first of the months” which is the first commandment given to Israel. What is the reason, then, that it commences with the account of the Creation? Because of the thought expressed in the text (Psalms 111:6) “He declared to His people the strength of His works (i.e. He gave an account of the work of Creation), in order that He might give them the heritage of the nations.” For should the peoples of the world say to Israel, “You are robbers, because you took by force the lands of the seven nations of Canaan”, Israel may reply to them, “All the earth belongs to the Holy One, blessed be He; He created it and gave it to whom He pleased. When He willed He gave it to them, and when He willed He took it from them and gave it to us” (Yalkut Shimoni on Torah 187).