פרשת משפטים תשכ"ז - שור שנגח איש

And if an ox gore a man or a woman, that they die, the ox shall be surely stoned, and its flesh shall not be eaten; but the owner of the ox shall be quit.

And if an ox gore a man or a woman, that they die, the ox shall be surely stoned, and its flesh shall not be eaten; but the owner of the ox shall be quit.

But if the ox was wont to gore in time past, and warning hath been given to its owner, and he hath not kept it in, but it hath killed a man or a woman; the ox shall be stoned, and its owner also shall be put to death.

And the owner shall also die. According to the Mechilta it means that he will die at the hands of heaven. There are a number of instances in the Torah in which “he shall die” has this meaning.

If there be laid on him a ransom, then he shall give for the redemption of his life whatsoever is laid upon him.

אם כפר יושת עליו WHEN THERE BE SET ON HIM A RANSOM — This אם is not conditional (i. e. it does not mean “if” the heirs feel inclined to set on him a ransom) but it has the same meaning as in (Exodus 22:24) “When (אם) thou lendest money” where it has the meaning of אשר, “when” (for it is a duty to lend money to the poor and it is not optional). It is the law regarding him that the court should set on him a ransom.

When (literally, “If”) an atonement fine shall be imposed. Since this fine is merely an atonement for the owner, like a sacrifice, if he does not wish to appear in court to have it imposed on him he cannot be compelled to do so and even after it has been imposed on him he cannot be compelled to pay it.

If there be laid on him a ransom, then he shall give for the redemption of his life whatsoever is laid upon him.

If thou buy a Hebrew servant, six years he shall serve; and in the seventh he shall go out free for nothing.

(Exodus 19:1) "On the third month of the exodus of the children of Israel from the land of Egypt": We are hereby apprised that we number the months from the exodus from Egypt. This tells me only of months. Whence do I derive (the same for) years? From (Numbers 1:1) "in the second year of their exodus from Egypt." This tells me only of that period (i.e., the general period of the exodus.) Whence do I derive the same for succeeding periods? From (Ibid. 33:38) "in the fortieth year of the exodus of the children of Israel from the land of Egypt in the fifth month" (Av). All this, until they entered Eretz Yisrael. Whence do I derive the same for (the period) after they entered Eretz Yisrael? From (I Kings 6:1) "In the four hundred and eightieth year of the exodus of the children of Israel from the land of Egypt." All this, until the Temple was built. Once the Temple was built, they began to count from (the time of) its building, viz. (II Chronicles 8:1) "And it was, at the end of forty years of Solomon's building of the Temple of the L rd, etc." If they did not merit numbering from its building they numbered from its destruction, viz. (Ezekiel 40:1) "in the fourteenth year after the city was smitten." If they did not merit numbering for themselves, they numbered for others, viz. (Daniel 2:1) "And in the second year of the reign of Nevuchadnezzar, etc.", and (Chaggai 1:15) "In the second year of the reign of King Darius." And it is written (Song of Songs 1:8) "If you do not know, you fairest among the women, etc." and (Devarim 28:47-48) "Because you would not serve the L rd your G d … you will serve your foes, etc." Once, R. Yochanan b. Zakkai went up to Maon Yehudah, where he saw a young girl picking barley from under the dung of a horse, whereupon he asked (the bystanders): Did you see that young girl? What is she? They: A Hebrew. He: Who owns this horse? They: An Arab rider. R. Yochanan to his disciples: All of my days I was aggrieved over this verse, reading it and not knowing what it meant — "If you do not know, you fairest among the women" — If you did not wish to subserve Heaven, you will subserve gentiles. If you did not wish to pay the half-shekel for a head to Heaven, you will pay fifteen shekels in the kingdom of your foes. If you did not wish to repair the roads and the thoroughfares for the festival pilgrims, you will repair the station houses for the pilgrims to the royal vineyards. And thus is it written (Devarim 28:47-48) "Because you would not serve the L rd your G d in joy and gladness … you will serve your foes in hunger and in thirst, in nakedness and in want of all." What is "in want of all"? In want of sanity. Variantly: "in want of all" — in want of Torah study. (Exodus 19:1) "On this day they came to the desert of Sinai": It was Rosh Chodesh. (Ibid. 2) "And they journeyed from Refidim and they came to the desert of Sinai": Is it not already written (Ibid. 1) "they came to the desert of Sinai"? __ Their journeying from Refidim is being likened to their coming to the desert of Sinai. Just as the latter was in a state of repentance, so, the former. Variantly: Their coming to the desert of Sinai is being likened to their journeying from Refidim. Just as in their journeying from Refidim, they angered the L rd for a short time, repented, and were accepted, so, in their coming to the desert of Sinai. R. Elazar b. R. Yossi Haglili said: It is written (Psalms 81:8) "In distress you called and I rescued you. I answered you from the recesses of thunder. I tested you at the waters of Merivah": At the (very) time that I answered and protected you and made the whole world thunder for you — at that very time it was revealed before Me what you were destined to do at the waters of Merivah! Abba Shaul says: It is written "I will answer you": You call "in secret," and I will answer you in the open and cause the whole world to thunder (for your sake). ... R. Yehudah b. Lakish says: It is written (Exodus 2:25) "And G d saw the children of Israel": He saw that they had repented, but they did not see (this in) each other. (Ibid.) "and G d knew": He knew that they had repented, but they did not know (this about) each other. ... R. Eliezer says in the name of Abba Yossi b. Dormaskith: "and G d saw the children of Israel": that they are destined to anger (Him), that they are destined to rebel. And why all this (readiness to forgive them)? Because of the omnipotence of repentance. ... Similarly, R. Eliezer b. Yossi expounded (Isaiah 63:9) "In all of their afflictions, He was afflicted," (Ibid. 8) "And He said: 'Surely, they are My people, children who will not lie.'" But did He not know that they would lie? It is, therefore, written "Surely." (i.e., it was surely known to Him (that they would lie.) How, then, are we to understand (Ibid.) "and I will be their salvation"? __ He did not save them as men who were destined to anger Him, but as men who (by repentance) were not destined to be faithless to Him forever. And thus is it written (Psalms 78:36-37) "And they deceived Him with their mouths, and with their tongues they lied to Him, and their hearts were not constant with Him, and they were not faithful to His covenant" — in spite of which (Ibid. 38) "But He, being merciful, will forgive transgression," and (Isaiah 6:10) "The heart of this people has become fat, and its ears have become heavy, etc." (— in spite of which) (Ibid.) "if he repents, he will be healed." "and they encamped in the desert": The Torah was given openly, in a public place. For if it were given in Eretz Yisrael, they could say to the nations of the world: You have no portion in it. But it was given openly, in a public place, and all who want to take it may come and take it. I might think it was given at night; it is, therefore, written (Ibid. 19:16) "And it was on the third day, when it was morning, etc." I might think that it was given in silence; it is, therefore, written (Ibid.) "and there were thunders and lightnings." I might think that they did not hear the thunders; it is, therefore, written (Ibid. 20:15) "And all the people saw the thunders and the lightnings," and (Psalms 29:4) "the voice of the L rd in majesty, etc." The wicked Bilam said to all those standing with him (Ibid. 11) "The L rd will give strength to His people," and they all responded (Ibid.) "The L rd will bless His people in peace." R. Yossi says: It is written (Isaiah 45:19) "Not in secrecy did I speak, in a place of darkness, etc." In the very beginning, when I gave it, I did not give it in secret or in a dark, dusky land. And I did not say to the seed of Jacob "Seek Me in vain" (i.e., gratis). I did not give it as a pledge (to be taken back), viz. (Ibid.) "I am the L rd, who speaks righteousness, who declares what is just." Even before I gave you the mitzvoth I "prefaced" their reward, viz. (Exodus 16:5) "And they shall prepare what they shall bring (of the manna) and it shall be double, etc." And it is written (Leviticus 25:21) "And I shall command My blessing for you in the sixth year, etc." I might think (that reward is given) only for these (Shabbath and Shevi'ith) alone (and not for other mitzvoth). It is, therefore, written (Psalms 105:44) "And He gave them the land of nations, etc." Why? (Ibid. 45) "So that they keep His statutes and observe His laws." ... R. Eliezer, the son of R. Yossi Haglili was wont to say (Ibid. 147:19) "He relates His statutes to Jacob, His statutes and His judgments to Israel. He did not do so for any other nation." Now what did these poor nations do that He declined to give them the Torah? (Ibid. 20) "Judgments they would not know" — they declined to accept (the Torah), viz. (Habakkuk 3:3) "G d came from the south … (4) with a glow like light … (5) "Before Him went a plague … (6) "He stood and measured out the land. He saw and He released the nations" (viz. Avodah Zarah 2b). (Exodus 19:2) "And Israel encamped there": Elsewhere it is written "and they journeyed," "and they encamped" — they journeyed in quarrel and encamped in quarrel. Here, they were of one heart — wherefore it is written "and (it) encamped." "and Israel encamped there": He said to them, you will be there for a (relatively) long time. And, indeed, we find that they were there for twelve months less ten days. "opposite the mountain": to the east of the mountain. "opposite" always signifies to the east. (Exodus 19:3) "And Moses went up to G d": This was on the second day. "and the L rd called to him": We are hereby apprised that the calling preceded the speaking. "Thus shall you say": "thus" — in the holy tongue. "Thus" — in this order. "Thus" — on this matter. "Thus" — that you do not detract and that you not add. "Thus shall you say to the house of Jacob" — the women, "and speak to the children of Israel" — the men. "Thus shall you say to the house of Jacob" — "gently"; "say" — Give the women the basic ideas. "and speak to the children of Israel": "speak" in detail to the men. You have seen what I did to Egypt": I am not speaking to you from tradition. They (i.e., their punishment) is not written down for you. I am not sending you missives. I am not producing witnesses. But you yourselves have seen what they were guilty of — idolatry, illicit relations, and the spilling of blood. In the past, I did not exact punishment of them. (I did so) only for your sakes. "and I bore you on eagles' wings": R. Eliezer says: This refers to the day of the exodus, when all of them were gathered together and came to Ramses in an instant. "and I brought you to Me": before Mount Sinai. R. Akiva says: It refers to the day of the giving of the Torah, when Israel recoiled twelve mil and returned twelve mil — so that they "traveled" twenty-four mil for each pronouncement. "and I will bring you" — to the Temple. Variantly: "and I bore you on eagles' wings": How is the eagle different from all other birds? All other birds keep their young under their feet, fearing other birds that fly above them — unlike the eagle, who fears man alone, that he not shoot an arrow at him. Better that it strike it and not its young. An analogy: A man was walking on the road leading his son before him, when robbers came to snatch his son — whereupon he placed him behind him — whereupon a wolf came to snatch him from behind — whereupon he placed him before him. Robbers before him and a wolf behind him, he took his son and placed him on his shoulder, viz.: (Devarim 1:31) "… and in the desert, where you saw how the L rd your G d bore you, as a man bears his son. (Ibid. 19:5) "And now, if you hearken to My voice": Take it upon yourselves now, all beginnings being difficult. "If hearken you shall hearken": From here it was derived: If a man hearkened to one mitzvah, he is caused to hearken to many mitzvoth. If he forgot one mitzvah, he is caused to forget many mitzvoth, viz. (Devarim 8:19) "If forget you shall forget, etc." "and you keep My covenant": the covenant of Torah. R. Akiva says: the covenant of circumcision. "and you shall be unto Me": possessed by Me and occupied with Torah and not with other things. "then you shall be unto Me a segulah" (a select treasure). Just as a man's segulah is beloved by him, so, you will be beloved by Me. R. Yehoshua b. Karcha says "to sharpen the ear": I might think (the intent is) that just as a woman "scrimps" from her husband, and a son from his father, and a servant from his master, and a maid from her mistress, so, you, "scrimp" from Me. It is, therefore, written (Ibid.) "for all the earth is Mine." (Ibid. 6) "And you shall be unto Me": I am not setting up any others over you, but only "Me." And thus is it written (Psalms 121:4) "He will not slumber and He will not sleep, the (sole) Keeper of Israel." "a kingdom of Cohanim": I do not crown kings from the peoples of the world, but only from you. And thus is it written (Song of Songs 6:9) "She is one, My dove, My perfect one, etc." R. Eliezer, the son of R. Yossi Haglili says: Whence is it derived that every one of Israel will have sons like those who left Egypt? From (Psalms 45:17) "In place of your fathers will be your sons." If "sons," I might think (even) the sick and the humble. It is, therefore, written (Ibid.) "You will make the princes." If "princes," I might think merchants. It is, therefore, written (here) "a kingdom." If a king, I might think that he reverts to being a conqueror. It is, therefore, written "Cohanim," "idlers" (from war), as in (II Samuel 8:18) "And the sons of David were Cohanim." Variantly: From here ("a kingdom of Cohanim") it is derived that all of Israel were fit to eat of the offerings — until they made the golden calf. Once they made the golden calf, it (i.e., the status of Cohanim) was taken from them and given to the (official) Cohanim, as it is written (Jeremiah 50:17) "A scattered sheep is Israel, harried by lions … first it was devoured by Nevuchadnezzar, king of Bavel, etc." It (Israel) is compared to a sheep. Just as a sheep, when one of its lambs is smitten, all of its lambs feel it, so, Israel, if one of them is smitten, all of them feel it. As opposed to the nations of the world. If one of them is killed, all of them rejoice in his downfall. "and a holy nation": They are called "a holy nation," as it is written (I Chronicles 17:21) "And who is like Your nation, Israel, one nation in the land," holy of holies, separate from the peoples of the world and from their abominations. "These are the things" — not less and not more; "that you shall speak to the children of Israel" — in this order. (Ibid. 7) "And Moses came, and he called to the elders of the people": We are hereby apprised that Moses accorded honor to the elders. "and he put before them": He enlightened their eyes; "all these things": first, first; last, last. "that the L rd had commanded him" — to the women as well. (Ibid. 8) "And all the people answered together": They did not answer deceptively, and they did not consult each other, but they were all one in heart and answered (Ibid.) "Whatever the L rd has spoken we shall do." "And Moses returned the words of the people to the L rd": Now was this necessary? The Torah hereby teaches us derech eretz (proper deportment). Moses came and returned an answer to his sender, saying: Though He knows, I shall return an answer to my sender. Variantly: (Its purpose is) to accord reward to Moses for every ascent and for every descent. (Ibid. 9) "And the L rd said to Moses: Behold, I shall come to you in the thickness of the cloud": In a thick cloud. Which is that? "arafel," viz. (Ibid. 20:18) "and Moses drew near to the arafel, where G d was. (Ibid. 19:9) "so that the people hear when I speak with you": R. Yehudah says: Whence is it derived that the Holy One Blessed be He said to Moses: I will tell you something (viz. (Ibid. 21), and you will return answer to Me (viz. Ibid. 23), and I will acknowledge your answer (viz. Ibid. 24), so that Israel will say: Great is Moses, whom the L rd acknowledged (viz. Ibid. 9) "and in you, too, will they believe forever"). Rebbi says: We would have to acknowledge the greatness of Moses only if we assumed that the Holy One Blessed be He retracted His directive (19:21), (which is not the case). Rather, the Holy One Blessed be He said to Moses: I will call you from the top of the mountain and you will ascend, viz. (Ibid. 20) "And the L rd called Moses to the top of the mountain, and Moses ascended." (Ibid. 19:9) "and also in you will they believe forever.": also in you, also in the prophets destined to arise after you. "and Moses told": Now what did the L rd say to Moses to say to Israel or what did Israel say to Moses to say to the L rd? R. Yossi Haglili says: What is written, viz. (Ibid. 12) "And demarcate bounds for the people, saying, etc." R. Eliezer b. Prata says: Now what did the L rd say to Moses to say to Israel or what did Israel say to Moses to say to the L rd? What is written, viz. (Ibid. 24:3) "And Moses came and he told the people, etc." He said to them: If you take upon yourselves punishment (for non-observance of the mitzvoth) with joy, you will receive reward (for their performance), and if not, you will receive punishment (for their non-performance). And they took upon themselves punishment with joy. Rebbi says: Now what did the L rd say to Moses to say to Israel or what did Israel say to Moses to say to the L rd? They said: We want to hear it from our King. There is no comparing hearing it from an attendant to hearing it from the King Himself — whereupon the L rd said (to Moses): Grant them what they ask, (Ibid. 19:9) "so that the people hear, etc." Variantly: They said: We want to see our King. There is no comparing hearing to seeing, viz. (Ibid. 11) "for on the third day the L rd will go down before the eyes of all the people on Mount Sinai." (Exodus 19:10) "And the L rd said to Moses: Go to the people and make them ready today" — the fourth day — "and tomorrow" — the fifth day. (Ibid. 11) "And have them be ready for the third day": the sixth (of Sivan) when the Torah was given. And what did Moses do on the fifth day? He rose early in the morning and built an altar, viz. (Ibid. 24:4) "and he rose early in the morning and he built an altar at the foot of the mountain." He set up twelve monuments for the twelve tribes of Israel. These are the words of R. Yehudah. And the sages say twelve monuments for each tribe. He built an altar, sacrificed thereon a burnt-offering and peace-offerings, took of the blood of the burnt-offering in two receptacles, part for the L rd, part for the congregation; he took of the blood of the peace-offerings in two receptacles, part for the L rd, part for the congregation, as it is written (Ibid. 6) "And Moses took half the blood" — the part for the congregation — "and half the blood he sprinkled on the altar" — the part for the L rd. (Ibid. 7) "And he took the book of the covenant and he read (it) in the ears of the people.": But we do not know from where (he read it). R. Yishmael b. R. Yossi says: From the beginning of the creation until here. Rebbi says: The mitzvoth that were commanded to Adam, the mitzvoth that were commanded to the sons of Noach, and the mitzvoth that were commanded in Marah and all of the other mitzvoth. R. Yishmael says: What is written at the beginning, viz. (Leviticus 25:1-3) "And the L rd spoke to Moses on Mount Sinai, saying … then the land shall rest a Sabbath to the L rd. Six years shall you sow your field, etc.", sabbatical years, Jubilee years, blessings and curses. What is written at the end? (Ibid. 26:46) "These are the statutes and the ordinances and the Toroth that the L rd gave between Himself and the children of Israel on Mount Sinai by the hand of Moses." (At this,) they said: We take it upon ourselves. When Moses saw this, he took the blood and sprinkled it on the people, viz. (Exodus 24:8) "And Moses took the blood and sprinkled it upon the people," saying to them: You are (hereby) tied and bound and committed. Tomorrow come and take upon yourselves all of the mitzvoth. R. Yossi b. R. Yehudah says: On that day all of the acts (of their induction into the covenant) were performed.... (Ibid. 19:10) "and have them wash their garments": Whence is it derived that they (themselves) required immersion? It follows a fortiori, viz.: If where washing of garments is not required (e.g., in an instance of touching a sheretz), immersion is required, how much more so here, where washing of garments is required. There is no washing of garments in the Torah where immersion is not required. (Ibid. 11) "And have them ready for the third day": the sixth day (of Sivan) on which the Torah was given, viz. (Ibid.) "for on the third day the L rd will go down, etc." "the L rd will go down before the eyes of all the people on Mount Sinai": This is one of the ten "descents" in the Torah. "before the eyes of all the people": We are hereby apprised that there were no blind ones among them. Variantly: "before the eyes of all the people": We are hereby apprised that they saw at that time what Ezekiel and Isaiah could not see, it being written (Hoshea 12:11) "and by the prophets I shall be imaged," (but at Sinai they saw the Shechinah.) Variantly: "before the eyes of all the people": We are hereby apprised that if they lacked (in unity of heart) even one, they could not receive (the Shechinah). R. Yossi says: Even if they numbered 22,000, they could receive it, it being written (Numbers 10:36) "And when it (the ark) rested, he (Moses) would say: 'Return, O L rd (to) the (two) ten thousands (two) thousands of Israel.'" (Exodus 19:12) "And you shall 'bound' the people": I might think only at the east of the mountain, (where they were encamped). It is, therefore, written "roundabout." "saying": We are hereby apprised that they exhorted each other in this regard. "Take heed unto yourselves": this constitutes a negative commandment. "not to go up on the mountain": I might think that he may not go up, but he may touch it; it is, therefore, written "Whoever touches the mountain." I might think that he may not climb and that he may not touch it but he may ascend in a sedan-chair; it is, therefore, written "not to go up on the mountain" (in any manner). "Whoever touches the mountain shall be put to death": This is the punishment. (Ibid. 13) "No hand shall touch it": not (i.e., this does not apply to) Shiloh, not the tent of meeting, and not the Temple. "for stoned shall he be stoned": Whence is it to be derived that he is to be pushed down (from a high place)? From "cast down." And whence is it derived that if he died by being pushed down this satisfies the commandment? From "stoned shall he be stoned or cast down shall he be cast down." And whence is it derived that all stoning is thus satisfied? From (the redundant) "stoned shall he be stoned or cast down shall he be cast down." "beast": This tells me only of a beast. Whence do I derive the same for an animal? From "whether beast." Whence do I derive the same for a woman? From "whether man." "he shall not live": R. Akiva says: It is written here "he shall not live," and elsewhere (Ibid. 22:17) "A witch you shall not let live." Just as here, by stoning, so, there, by stoning. "When the ram's horn sounds": (lit.,) when the ram's horn "draws out" its sound, you may ascend the mountain. R. Yossi says: It is not a man's place that honors him, but he that honors his place. As long as the Shechinah was on the mountain — "Whoever touches the mountain shall be put to death." Once the Shechinah has left the mountain, all are permitted to ascend it. (Exodus 19:14) "And Moses went down from the mountain": We are hereby apprised that Moses did not turn to his affairs or go down to his house, but (directly) from the mountain to the people. I might think, only for this directive. Whence do I derive (the same for) all other directives? It is, therefore, written (Ibid. 20) "And the L rd descended upon Mount Sinai, etc." Now this has already been stated. Why need it be stated (Ibid. 25) "And Moses went down to the people"? To teach that Moses did not turn to his affairs or go down to his house, but (directly) from the mountain to the people. This tells me only of the directives of Mount Sinai. Whence do I derive (the same for) the directives of the tent of meeting? From (Ibid. 34:34) "And he would go forth (from the tent of meeting) and speak to the children of Israel what he had been commanded." And whence is it derived that all of his ascents were in the morning? From (Ibid. 24) "And be ready in the morning … and let no man go up with you … And he hewed two stone tablets, etc." Let it not be written (4) "as the L rd commanded him." It serves as a prototype, viz.: Whenever Moses ascended, it was in the morning. (Ibid. 19:14) "Vayekadesh the people": He readied them. "and they washed their garments," and they cleansed themselves. (Ibid. 15) "And he said to the people: Be ready in three days": But we did not hear the L rd telling him (in Ibid. 11) that they should separate from their wives! __ But "Be ready" — "Be ready" constitutes a gezeirah shavah (identity), viz.: Just as "Be ready" here is linked to separation, so, "Be ready" there. Rebbi says: It (that separation is implied) is derived from the verse itself, viz. (Ibid. 10) "Go to the people and make them ready today and tomorrow." If immersion itself is meant, let him immerse on the fifth day, so that he will be clean at sunset (for receiving the Torah on the sixth day.) It is, therefore, written "Go to the people (i.e., the married couples) to direct them to separate (for three days). (Ibid. 15) "Do not draw near to a woman": From here it was ruled that if a woman ejects semen on the third day (after intercourse) she is pure, as is implied by the Sinai directive. These are the words of R. Elazar b. Azaryah. (Ibid. 16) "And it was, on the third day, when it was morning, etc." We are hereby apprised that the L rd "arose" before they did, viz. (Song of Songs 1:12) "While the King was on his couch, my nard gave forth its fragrance." "that there were thunderings": One different from the other. "and lightnings": one different from the other. "and a heavy cloud upon the mountain": "arafel" (a thick mist) as in (Ibid. 20:18) "and Moses drew near to the arafel." "And the sound of the shofar, very strong": as in (Ibid. 19:19) "And the sound of the shofar grew exceedingly strong." The normal phenomenon, the longer the sound is sustained the weaker it grows. But here, the longer it was sustained, the stronger it grew. Why so? In the beginning, to accustom the ear to (the progressive strengthening of) the sound. "Vayecherad all the people in the camp": They were shaken. (Exodus 19:17) "And Moses took out the people": R. Yossi said: R. Yehudah was wont to expound: (Devarim 33:2) "And he (Moses) said: 'The L rd came from Sinai.'" Do not read it thus, but "to Sinai," to give Torah to Israel. But I do not say this but (rather) "The L rd came from Sinai" to receive Israel, as a groom goes out to receive his bride. "and they stood under the mountain": We are hereby apprised that the mountain was torn from its place and they came forward and stood under the mountain. Concerning this it is stated in the Tradition (Song of Songs 2:14) "My Dove in the clefts of the rock … Show me Your face; let me hear Your voice. For Your voice is sweet and Your face is fair." "Show me Your face" — the twelve monuments for the twelve tribes of Israel (viz. Exodus 24:4). "Let me hear Your voice" — the Ten Commandments. "For Your voice is sweet" — after (hearing) the Ten Commandments. "and Your face is fair" — (Leviticus 9:5) "And the entire congregation came forward (on the eighth day of the investiture of the Cohanim) and they stood before the L rd." R. Eliezer says: It speaks of the Red Sea, viz.: "Show me Your face" (lit., "Your sight") — (Exodus 14:13) "Stand and see the salvation of the L rd." "Let me hear Your voice" — (Ibid. 10) "and they were exceedingly afraid, and the children of Israel cried out to the L rd." "for your voice is sweet" — (Ibid. 2:23) "and their outcry ascended to G d. "and your face (= sight) is fair" — (Ibid. 4:30-31) "and he performed the signs before the eyes of the people, and the people believed." Variantly: "for your voice is sweet" — at the Red Sea, viz. (Ibid. 15:1) "I shall sing to the L rd, for He is exalted (over all the) exalted." "and Your face is fair" — (Psalms 8:24) "From the mouths of babes and sucklings You have founded strength … When I see Your heavens, etc." (Exodus 19:18) "And the whole of Mount Sinai smoked": I might think the place of the divine Presence alone; it is, therefore, written "the whole." "for the L rd had come down upon it in fire": We are hereby apprised that the Torah is fire, that it was given from fire, and that it is comparable to fire, i.e., just as with fire, if one gets (too) close to it, he is burned, and if he is (too) far from it, he is chilled, so, (with Torah) one must "heat" himself only by its light, (and not in its "flames"). "and its smoke rose like the smoke of a lime kiln": If "lime kiln" (alone were written) I might think, only as a lime kiln (and not more); it is, therefore, written (Devarim 5:20) "and the mountain burned in fire." Why, then, "like a lime kiln"? To "help" the ear by what it is accustomed to hear. Similarly, (Amos 3:8) "The lion has roared. Who will not fear? (The L rd G d has spoken. Who will not prophesy?") Who has given power and strength to the lion? Is it not He? (i.e., What need have we, then, of epithets?) We use the epithet of His creations to "help" the ear (by what it is accustomed to hear.) Similarly (Ezekiel 43:2) "And the glory of the G d of Israel came by way of the East, His voice like the voice of many waters." Who has given power and strength to the waters? Is it not He? (What need have we, then, of epithets?) We use the epithet of His creations to "help" the ear (by what it is accustomed to hear.)... "and the whole mountain trembled": (Mount Sinai) was included in all of the mountains, viz. (Judges 5:5) "The mountains quaked before the L rd — This is Sinai, etc." and (Psalms 68:17) "Why do you quake, you mountains gavnunim"? ("givnonim" = "peaked"), as in (Leviticus 21:20) "or a hunchback ('gibein') or a dwarf." He said to them: You are all givnonim (in spite of which He chose [the 'lowly'] Sinai). And why was the Holy Spirit (i.e., the Temple) reposed on the portion of Benjamin? For all of the tribes took part in the selling of Joseph, but Benjamin was not with them. And also, all the tribes were born outside of Eretz Yisrael, and Benjamin was born in Eretz Yisrael. (Exodus 19:19) "And the voice of the shofar": This is a propitious sign in Scripture. Wherever "shofar" is mentioned, this is propitious for Israel, viz. (Psalms 47:6) "G d has risen with teruah (the shofar blast); the L rd, with the sound of the shofar", (Isaiah 27:13) "And it shall be on that day, it shall be sounded by a great shofar, etc.", and (Zechariah 9:14) "And the L rd G d will blow the shofar, and will go in a tempest against Teiman (Edom)." (Exodus 19:19) "Moses spoke and the L rd answered him with a voice": R. Eliezer says: Whence is it derived that the Holy One Blessed be He would not speak (a new commandment) until Moses said to Him that His children had already accepted (the previous commandment)? From "Moses spoke, etc." R. Akiva to R. Eliezer: This goes without saying. What, rather, is the intent of "Moses spoke, etc."? That the Holy One Blessed be He gave power and strength to Moses and assisted him with his voice, so that Moses could speak (the commandment) to Israel in the same manner that he had heard it from Him. Thus, "Moses spoke, G d answering (i.e., assisting) him with (the) voice." (Exodus 19:20) "And the L rd descended upon Mount Sinai": I might think that the "Glory" itself descended on Mount Sinai. It is, therefore, written (Ibid. 20:19) "that from the heavens I spoke to you." We are hereby apprised that the Holy One Blessed be He bent the lower heavens and the upper heavens of heaven and spread them over the top of the mountain and the Glory descended on top of the mountain. (He did this) as one spreads a bolster on a bed, (and He spoke) as a man speaking from a bolster, viz. (Isaiah 63:19-64:1) "Had You not split the heavens and descended, the mountains quaking before You, as fire kindles brushwood, fire boiling water, etc." R. Yossi says (Psalms 115:16) "the heavens are the heavens of the L rd, etc." Moses and Eliyahu did not ascend above, and the glory did not descend below. But the L rd said to Moses: I will call you from the top of the mountain, and you ascend, viz. (Exodus 19:20) "And the L rd called Moses to the top of the mountain, and Moses ascended." (Exodus 19:21) "And the L rd said to Moses: Go down and warn the people": lest they break their bounds to see. "and there fall of them many": If one of them falls, it is (to Me) as if all have fallen; the one detracts from the many. One of them who falls is reckoned against the entire act of creation, viz. (Zechariah 9:2) "for to the L rd (will be) the eye of (one) man and (it will be reckoned as) all the tribes of Israel." (Exodus 19:22) "And also the Cohanim, who draw near to the L rd": We are hereby apprised that the Cohanim are not included in "the people" (above, 21). And thus is it written (Leviticus 16:33) "for the Cohanim and for all the people of the congregation shall he make atonement" — the Cohanim are not included in "the people." And who are "the Cohanim"? R. Yehoshua b. Karcha says: Nadav and Avihu, (i.e., even the most prominent of them.) (For) it is not written (merely) "the Cohanim," but "the Cohanim who draw near to the L rd." "And also": to include the elders with them. (Exodus 19:23) "And Moses said to the L rd, etc.": I have already warned them and set bounds for them. (Ibid. 24) "And the L rd said to him: Go descend": Well have you spoken. This is as R. Yehudah says: Whence is it derived that the Holy One Blessed be He said to Moses: I will say something to you, and you will answer Me, and I will acknowledge what you have said — so that Israel will say: Great is Moses, whom the Holy One Blessed be He acknowledged? (From the above.) Rebbi says: We would have to acknowledge the greatness of Moses only if we assumed that the Holy One Blessed be He retracted His directive. (Rather,) He spoke thus because one is prompted to zeal at the time of learning (what he must do) and at the time of acting. (Ibid. 24) "And go up, you and Aaron with you": I might think that all are to go up. It is, therefore, written (Ibid.) "but the people, let them not break (their bounds at all) to ascend to the L rd, lest He make a breach in them." (Ibid. 25) "And Moses went down to the people and he said (this warning) to them": He said it to them immediately, without delay.

A Hebrew slave is acquired through money or through a document, and acquires himself through years [of service], through the Jubilee Year, or through prorated monetary [payment]. A Hebrew maidservant has an advantage over him, in that she acquires herself through [physical] signs [of puberty]. [A slave] who [has his ear] pierced is acquired through [the] piercing, and acquires himself through the Jubilee Year or with the death of the master.