Hefker

(Numb. 1:1:) “Then the Lord spoke unto Moses in the Sinai desert.” Why in the Sinai desert? From here our masters have taught, “The Torah was given through three things: through fire, through water, and through the desert. Through fire, as stated (in Exod. 19:18), ‘Now all of Mount Sinai was emitting smoke because the Lord had descended upon it in fire, and the smoke from it arose like smoke from a furnace, and the whole mountain trembled greatly.’ Through water, as stated (in Jud. 5:4), ‘Lord, when You went forth from Seir, when You marched [from the field of Edom, the earth trembled, even the heavens dripped, even the clouds dropped water].’ Through (i.e., in) the desert, as stated (in Numb. 1:1), ‘Then the Lord spoke unto Moses in the Sinai desert.’” And why was it given through these three things? It is that, just as these are free for all who come into the world, so too are the words of the Torah free for all who come to the world. Thus it is stated (in Is. 55:1), “Ho, all who are thirsty, come to the waters (of Torah); even if you have no money, come, buy food, and eat. So come, buy food, wine, and milk without money and without cost.” “In the Sinai Desert.” Why in the Sinai desert? It is that whoever does not make himself ownerless like the desert cannot acquire the Torah. It is therefore stated, “in the Sinai desert.”

Another interpretation: Why was given in the desert? Because if it had been given to them in the land, the tribe in whose border it was given would have argued and said: I have a prior claim to it. For that reason it was given in the desert where all would have an equal claim to it. And for what other reason was it given in the desert? Just as a desert is neither sown nor cultivated, so is the one who receives the words of Torah. They remove from him the yoke of the government and the yoke of earning a living. Just as a desert does not grow annona; so are children of Torah (i.e., Torah scholars) children of freedom.

The verse states with regard to Joab: “And he was buried in his own house, in the wilderness” (I Kings 2:34). The Gemara asks: Is that to say that Joab’s house was a wilderness? Rav Yehuda says that Rav says: Joab’s house was like the wilderness; just as the wilderness is freely open to all, so too, Joab’s house was freely open to all, as he generously opened his house to the poor and made them feel like members of the household. Alternatively, Joab’s house was like the wilderness; just as the wilderness is clean of theft and sexual immorality, as it is uninhabited, so too, Joab’s house was clean of theft and sexual immorality, owing to his righteousness.

Why was the law given in the desert? To teach us that just as the desert is free to all men, so the words of the law are free to all who desire to learn them. Also, lest a man should say: “I am a student of the law that was given to me and my ancestors, while you and your ancestors are not students of the law; your ancestors were strangers”; hence it is written: An inheritance of the congregation of Jacob (Deut. 33:4). This tells us that the law was an inheritance for all who associate themselves with Jacob. Even outsiders who devote themselves to the law are equal to the high priest, as it is said: Which if a man do, he shall live by them: I am the Lord (Lev. 18:5). It does not refer to priest or Levite or Israelite but merely to man. ...

Beth Shammai says: Only those who are betrothed may exercise the right of refusal; But Beth Hillel says: Both those who are betrothed and those who are married. Beth Shammai says: [A declaration of refusal may be made] against a husband but not against a yavam; But Beth Hillel says: Either against a husband or against a yavam. Beth Shammai says: [The declaration] must be made in his presence, But Beth Hillel says: Either in his presence or not in his presence. Beth Shammai says: [The declaration must be made] before the court, But Beth Hillel says: Either before the court or not before the court. Beth Hillel said to Beth Shammai: [A girl] may exercise the right of refusal while she is a minor even four or five times. Beth Shammai said to them: “The daughters of Israel are not ownerless property! Rather, either she makes a declaration of refusal and then waits until she is of age, or she makes a declaration of refusal and marries again [immediately].

The Gemara asks: Are women not commanded to be fruitful and multiply? Didn’t Rav Aḥa bar Rav Ketina say that Rabbi Yitzḥak said: There was an incident with a certain woman who was half-slave and half-free woman and therefore could marry neither a Canaanite slave nor a Jew, and they forced her master and he made her a free woman. Presumably, the reason the court forced her master to free her was so that she could fulfill the mitzva to be fruitful and multiply. Rav Naḥman bar Yitzḥak said: The reason they forced her master to free her was because others treated her in a loose manner. Since she knew that she could not marry she engaged in promiscuous activity, and the court forced her master to free her in order to save her and others from sin.

No, Rabbi Yitzḥak’s halakha is necessary in the case of a woman who knows how to guard her bill of divorce but does not know how to take care of herself. By Torah law this imbecilic woman may be divorced, as she knows how to safeguard her bill of divorce, and yet the Sages said that her husband should not divorce her, so that people should not treat her in the manner of ownerless property, because she does not know how to take care of herself.

..."When the boys grew up, Esau became a skillful hunter, a man of the outdoors; but Jacob was a mild man who stayed in camp." (Bereishit 25:27). Rabbi Chiya said, he made himself ownerless like a field. Yisrael said before the Holy Blessed One, "Master of all universes: is it not enough for us that we are subjugated by the seventy nations - must we also be subjugated by this one, who is penetrated like women?" The Holy Blessed One said to them, "Even I will come in language [?], I will be revenged upon them." Behold it is written, "And the heart of the heroes of Edom was on that day like the heart of a woman in labour" (Yirmiyahu 49:22). ...

הכזונה implies as one unprotected.

?הכזונה, only a harlot does not have anyone standing up in her defense, avenging violence done to her. יעשה, “shall the people who you are afraid of rising up against us be allowed to get away with such conduct? את אחותנו, who was not a harlot. It is incumbent upon us to avenge her disgrace. Once the inhabitants of the region will understand this they will have no reason to attack us.”

...Another interpretation: Why was [the well] given in the desert? Because if it had been given to them in the land, the tribe in whose border it was given would have argued and said, “I have a prior claim to it.” For that reason it was given in the desert where all would have an equal claim to it. And for what other reason was it given in the desert? Just as a desert is neither sown nor cultivated, so is the one who receives the words of Torah. They remove from him the yoke of the government and the yoke of earning a living. Just as a desert does not grow arnona; so are children of Torah (i.e., Torah scholars) free [from it] in this world. Another interpretation [of why it was given] in the desert: Who is the one who fulfills the Torah? One who makes himself like a desert and removes himself from everything [that might distract him]. ...

"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."