פרשת אמור-המקלל

(1) The LORD spoke to Moses, saying: (2) Command the Israelite people to bring you clear oil of beaten olives for lighting, for kindling lamps regularly. (3) Aaron shall set them up in the Tent of Meeting outside the curtain of the Pact [to burn] from evening to morning before the LORD regularly; it is a law for all time throughout the ages. (4) He shall set up the lamps on the pure lampstand before the LORD [to burn] regularly. (5) You shall take choice flour and bake of it twelve loaves, two-tenths of a measure for each loaf. (6) Place them on the pure table before the LORD in two rows, six to a row. (7) With each row you shall place pure frankincense, which is to be a token offering for the bread, as an offering by fire to the LORD. (8) He shall arrange them before the LORD regularly every sabbath day—it is a commitment for all time on the part of the Israelites. (9) They shall belong to Aaron and his sons, who shall eat them in the sacred precinct; for they are his as most holy things from the LORD’s offerings by fire, a due for all time. (10) There came out among the Israelites one whose mother was Israelite and whose father was Egyptian. And a fight broke out in the camp between that half-Israelite and a certain Israelite. (11) The son of the Israelite woman pronounced the Name in blasphemy, and he was brought to Moses—now his mother’s name was Shelomith daughter of Dibri of the tribe of Dan— (12) and he was placed in custody, until the decision of the LORD should be made clear to them. (13) And the LORD spoke to Moses, saying: (14) Take the blasphemer outside the camp; and let all who were within hearing lay their hands upon his head, and let the whole community stone him. (15) And to the Israelite people speak thus: Anyone who blasphemes his God shall bear his guilt; (16) if he also pronounces the name LORD, he shall be put to death. The whole community shall stone him; stranger or citizen, if he has thus pronounced the Name, he shall be put to death. (17) If anyone kills any human being, he shall be put to death. (18) One who kills a beast shall make restitution for it: life for life. (19) If anyone maims his fellow, as he has done so shall it be done to him: (20) fracture for fracture, eye for eye, tooth for tooth. The injury he inflicted on another shall be inflicted on him. (21) One who kills a beast shall make restitution for it; but one who kills a human being shall be put to death. (22) You shall have one standard for stranger and citizen alike: for I the LORD am your God. (23) Moses spoke thus to the Israelites. And they took the blasphemer outside the camp and pelted him with stones. The Israelites did as the LORD had commanded Moses.

בן איש מצרי THE SON OF AN EGYPTIAN MAN — It was the Egyptian whom Moses had killed (Leviticus Rabbah 32 4; cf. Exodus 2:11 where Scripture also uses the expression “איש מצרי”; cf. also Rashi thereon).

ושם אמו שלמית בת דברי AND HIS MOTHER’S NAME WAS SHELOMITH, THE DAUGHTER OF DIBRI, [THE TRIBE OF DAN] — it is to tell how praiseworthy Israel was that Scripture publicly mentions her name (exposes her), telling us implicitly that of all the women of Israel she alone was a harlot (Leviticus Rabbah 32 5). שלמית (connected with שלום “peace”) — she was so called because she was always babbling: “Peace be with thee”, “peace be with thee”, “peace be with you” — she used to continually babble with many words (she was a בת דברי) — she enquired after the health of everybody (Leviticus Rabbah 32 5). בת דברי (from the root דבר “to speak”) — she was talkative — talking with any man, and in consequence of this she got into trouble. למטה דן OF THE TRIBE OF DAN — This mention also of the parent and tribe of the woman teaches us that the wrong doer brings shame upon himself, shame upon his parent, shame upon his whole tribe. Similarly we find the name of the tribe Dan mentioned to express praise; (Exodus 31:6) “Oholiab, the son of Ahisamach, of the tribe of Dan”, where the details of Oholiab’s descent imply praise for him, praise for his father and praise for his tribe (Sifra, Emor, Section 14 4).

(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!

(Lev. 24:10:) “Now there went out the son of an Israelite woman.” From where did he go out?¹⁰³Lev. R. 32:3. R. Levi says, “He went out from his world, just as it is stated (in I Sam. 17:4), ‘And there went out a champion.’”¹⁰⁴I.e., Goliath, who was about to leave this world. R. Berekhyah said, “He went out from the preceding Parashah, where it is written (in Lev. 24:5), ‘Then you shall take fine flour and bake it into twelve loaves.’ He said, ‘It is customary for a king to eat warm bread. Would [he eat it] cold?’” It is like that which we learn there (in the latter part of Men. 11:9), “The shewbread was eaten no earlier than the ninth day [after baking] and no later than the eleventh day. How so? It was baked on the eve of the Sabbath and eaten on the Sabbath [of the following week, i.e.,] on the ninth day. [If] a holiday happened to fall on the eve of the Sabbath, it was eaten on the tenth. [In the case of] the two-day holiday of the new year, it was eaten on the eleventh, for [the baking] overrides neither the Sabbath nor a holiday. R. Simeon b. Gamaliel says in the name of R. Simeon the son of the Assistant [High Priest], ‘[The baking] overrides a holiday but does not override the fast day.’”¹⁰⁵The Day of Atonement. (According the first part of Men. 11:9,) the two loaves of bread [offered at Pentecost] were eaten no earlier than the second day and no later than the third. How so? They were baked on the eve of the festival [of Pentecost and] eaten on the festival, [i.e.,] on the second day. If the festival happened to fall on the day after the Sabbath, they were eaten on the third day.

1) (Vayikra 24:10) ("And the son of an Israelite woman went out; and he was the son of an Egyptian man in the midst of the children of Israel. And they strove within the camp, the son of the Israelite woman and the Israelite man.") "And the son of an Israelite woman went out": Whence did he go out From the beth-din of Moses. For he came to pitch his tent in the midst of the camp of Dan — whereupon they said to him: "Who are you that you would pitch your tent in the midst of the camp of Dan?" He: "My mother was of the tribe of Dan." They: "Scripture states (Bamidbar 2:2) 'The Israelites shall encamp; each with his standard by signs according to their fathers' house shall the children of Israel encamp'" — at which he entered the beth-din of Moses, emerged unvindicated, arose, and blasphemed. "and he was the son of an Egyptian man": Even though there were not mamzerim ("bastards") at that time, he was regarded as a mamzer. "in the midst of the children of Israel": We are hereby taught that he became a proselyte. "And they strove within the camp": over the affair of the encampment. "the son of the Israelite woman and the Israelite man": his antagonist. (Vayikra 24:11) ("And the son of the Israelite woman blasphemed the Name and he cursed. And they brought him to Moses. And the name of his mother was Shlomith the daughter of Divri of the tribe of Dan.")

(1) If the thief is seized while tunneling, and he is beaten to death, there is no bloodguilt in his case. (2) If the sun has risen on him, there is bloodguilt in that case.—He must make restitution; if he lacks the means, he shall be sold for his theft. (3) But if what he stole—whether ox or ass or sheep—is found alive in his possession, he shall pay double. (4) When a man lets his livestock loose to graze in another’s land, and so allows a field or a vineyard to be grazed bare, he must make restitution for the impairment of that field or vineyard. (5) When a fire is started and spreads to thorns, so that stacked, standing, or growing grain is consumed, he who started the fire must make restitution. (6) When a man gives money or goods to another for safekeeping, and they are stolen from the man’s house—if the thief is caught, he shall pay double; (7) if the thief is not caught, the owner of the house shall depose before God that he has not laid hands on the other’s property. (8) In all charges of misappropriation—pertaining to an ox, an ass, a sheep, a garment, or any other loss, whereof one party alleges, “This is it”—the case of both parties shall come before God: he whom God declares guilty shall pay double to the other. (9) When a man gives to another an ass, an ox, a sheep or any other animal to guard, and it dies or is injured or is carried off, with no witness about, (10) an oath before the LORD shall decide between the two of them that the one has not laid hands on the property of the other; the owner must acquiesce, and no restitution shall be made. (11) But if [the animal] was stolen from him, he shall make restitution to its owner. (12) If it was torn by beasts, he shall bring it as evidence; he need not replace what has been torn by beasts. (13) When a man borrows [an animal] from another and it dies or is injured, its owner not being with it, he must make restitution. (14) If its owner was with it, no restitution need be made; but if it was hired, he is entitled to the hire. (15) If a man seduces a virgin for whom the bride-price has not been paid, and lies with her, he must make her his wife by payment of a bride-price. (16) If her father refuses to give her to him, he must still weigh out silver in accordance with the bride-price for virgins. (17) You shall not tolerate a sorceress. (18) Whoever lies with a beast shall be put to death. (19) Whoever sacrifices to a god other than the LORD alone shall be proscribed. (20) You shall not wrong a stranger or oppress him, for you were strangers in the land of Egypt. (21) You shall not ill-treat any widow or orphan. (22) If you do mistreat them, I will heed their outcry as soon as they cry out to Me, (23) and My anger shall blaze forth and I will put you to the sword, and your own wives shall become widows and your children orphans. (24) If you lend money to My people, to the poor among you, do not act toward them as a creditor; exact no interest from them. (25) If you take your neighbor’s garment in pledge, you must return it to him before the sun sets; (26) it is his only clothing, the sole covering for his skin. In what else shall he sleep? Therefore, if he cries out to Me, I will pay heed, for I am compassionate. (27) You shall not revile God, nor put a curse upon a chieftain among your people. (28) You shall not put off the skimming of the first yield of your vats. You shall give Me the first-born among your sons. (29) You shall do the same with your cattle and your flocks: seven days it shall remain with its mother; on the eighth day you shall give it to Me. (30) You shall be holy people to Me: you must not eat flesh torn by beasts in the field; you shall cast it to the dogs.

It is from the roots of the commandment to remove fear of the accused and his curse from the judges, so that they will pronounce the true judgment. And it also warned about this in another place in the Torah. And there is also another benefit found in the commandment, as many mishaps come with the cursing of judges; since the masses hate him, in their foolishness - and if they were not warned about his curse, maybe they would curse him and get aroused from this to stand against him. As the sage said to the king about the masses, "Be careful lest they say; as if they say, they will do, and there will be much evil with this, since he 'holds up the land with judgment.'"

The negative commandment of 'blessing' the Name: And it is from the roots of the commandment of 'blessing' the Name that it empties out the man from any good, through this bad speech. And all the glory of his soul becomes something destructive, and he is considered like the animals. As it is with this exact thing through which God separated him for the good and with it man was created - and that is speech - [and] through which he is separated from the animals, that he is separating himself to evil. And he extracts himself completely from any parameter of knowledge and becomes like a disgusting and repulsive creeping animal, and lower than it. And therefore the Torah warns us about this - since the good God will desire our good. And each and every word that causes the denial of good to [a person] goes against God's desire, may He be blessed.

(1) One day the divine beings presented themselves before the LORD. The Adversary came along with them to present himself before the LORD. (2) The LORD said to the Adversary, “Where have you been?” The Adversary answered the LORD, “I have been roaming all over the earth.” (3) The LORD said to the Adversary, “Have you noticed My servant Job? There is no one like him on earth, a blameless and upright man who fears God and shuns evil. He still keeps his integrity; so you have incited Me against him to destroy him for no good reason.” (4) The Adversary answered the LORD, “Skin for skin—all that a man has he will give up for his life. (5) But lay a hand on his bones and his flesh, and he will surely blaspheme You to Your face.” (6) So the LORD said to the Adversary, “See, he is in your power; only spare his life.” (7) The Adversary departed from the presence of the LORD and inflicted a severe inflammation on Job from the sole of his foot to the crown of his head. (8) He took a potsherd to scratch himself as he sat in ashes. (9) His wife said to him, “You still keep your integrity! Blaspheme God and die!” (10) But he said to her, “You talk as any shameless woman might talk! Should we accept only good from God and not accept evil?” For all that, Job said nothing sinful. (11) When Job’s three friends heard about all these calamities that had befallen him, each came from his home—Eliphaz the Temanite, Bildad the Shuhite, and Zophar the Naamathite. They met together to go and console and comfort him. (12) When they saw him from a distance, they could not recognize him, and they broke into loud weeping; each one tore his robe and threw dust into the air onto his head. (13) They sat with him on the ground seven days and seven nights. None spoke a word to him for they saw how very great was his suffering.

(7) And, these are the laws concerning the blasphemer: The guilt punishable by stoning is not pronounced against a blasphemer unless he actually pronounces the Particular Name of four letters, Aleph, Dallat, Nun, Yod, and blaspheme Him in a Name of the Names which are forbidden to erase, even as it is said: "And he that blasphemed the name of the Lord" (Lev. 24. 16). By naming the Particular Name he is guilty of an offense punishable by stoning, but by naming all other Attributes he is guilty of an offense punishable by stripes. There is some authority who asserts that he is not guilty save on pronouncing the Name Yod, Hei, Vov, Hei. But I maintain that he is guilty of an offense punishable by stoning in pronouncing either of the Particular Names.⁸Sanhedrin, 55b–56a; Sifre, Lev. 24. C. G.

(8) Whence do we derive a prohibitive commandment against the blasphemer? It is said: "Thou shalt not revile God" (Ex. 22.27). Each and every day, during a trial for blasphemy, the witnesses are examined and they give testimony not repeating the Name pronounced and words used by the defendant, but an alias, such as "Let Jesse smite Jesse", indicative that four letters were pronounced and that the words were abusive. When the enquette is concluded, the public is ordered out of court, and the elder of the witnesses is examined, saying: "Now, repeat what you have heard in identical language"; he repeats, while the judges remain standing on their feet, and when they hear the actual blasphemy repeated, they rent their garments which they never mend. Their second witness merely states: "Even I heard identically as he repeated". If there were many witnesses it is necessary for each and every one of them to repeat identically as had heard it from the blasphemer.⁹Sanhedrin, 66a; Ibid. 56a; Mekilta, Ex. 22. C. G.

(9) A blasphemer who repented his statement the moment he made it, can not put it up as a defense, but having blasphemed in the presence of witnesses the punishment of stoning is inflicted upon him. He who blasphemed the Name by pretending that he reviles idolatry, jealous people may challenge him and be put to them by them; but if jealous people did not put him to death and he was brought to justice before a tribunal, he is not stoned, for such sentence is pronounced only when he blasphemed by a name of the Particular Names.¹⁰Nedarim, 86b; Sanhedrin, 8a; Ibid. 81b; Baba Batra, 129b; Shebu’ot, 36a. C. G.

(10) Whosoever hears the Name being blasphemed is obliged to rend his garments; even when an alias is used in blaspheming, if the reviler be an Israelite, he is obliged to rend his garments. He who hears the blasphemy direct or he who hears it from a witness, both, are obliged to rend their garments. But he who hears it from an idolater is not obliged to rend his garments. As for Eliakim and Shebnah¹¹See Second Kings, 18. 13-19.9; Isa. 36.1-37.37. G., they rent not their garment save because Rab-shakeh was a converted Israelite. All the judges and witnesses in a blasphemy case, successively put their hand upon the head of the blasphemer, each one saying to him: "Thy blood be upon thy head, thou alone hast brought it upon thyself". Of all upon whom a tribunal pronounces the sentence of death there is none upon whose head the hands of the judges and witnesses are put, save upon the blasphemer, even as it is said: "And let all that heard him lay their hands upon his head" (Lev. 24.14).¹²Sanhedrin, 60a; Sifra, Lev. 24. C.