(ח) וְהֵבֵאתִ֤י אֶתְכֶם֙ אֶל־הָאָ֔רֶץ אֲשֶׁ֤ר נָשָׂ֙אתִי֙ אֶת־יָדִ֔י לָתֵ֣ת אֹתָ֔הּ לְאַבְרָהָ֥ם לְיִצְחָ֖ק וּֽלְיַעֲקֹ֑ב וְנָתַתִּ֨י אֹתָ֥הּ לָכֶ֛ם מוֹרָשָׁ֖ה אֲנִ֥י יְהֹוָֽה׃
(1) Then the LORD said to Moses, “You shall soon see what I will do to Pharaoh: he shall let them go because of a greater might; indeed, because of a greater might he shall drive them from his land.” (2) God spoke to Moses and said to him, “I am the LORD. (3) I appeared to Abraham, Isaac, and Jacob as El Shaddai, but I did not make Myself known to them by My name יהוה. (4) I also established My covenant with them, to give them the land of Canaan, the land in which they lived as sojourners. (5) I have now heard the moaning of the Israelites because the Egyptians are holding them in bondage, and I have remembered My covenant. (6) Say, therefore, to the Israelite people: I am the LORD. I will free you from the labors of the Egyptians and deliver you from their bondage. I will redeem you with an outstretched arm and through extraordinary chastisements. (7) And I will take you to be My people, and I will be your God. And you shall know that I, the LORD, am your God who freed you from the labors of the Egyptians. (8) I will bring you into the land which I swore to give to Abraham, Isaac, and Jacob, and I will give it to you for a possession, I the LORD.” (9) But when Moses told this to the Israelites, they would not listen to Moses, their spirits crushed by cruel bondage. (10) The LORD spoke to Moses, saying, (11) “Go and tell Pharaoh king of Egypt to let the Israelites depart from his land.” (12) But Moses appealed to the LORD, saying, “The Israelites would not listen to me; how then should Pharaoh heed me, a man of impeded speech!” (13) So the LORD spoke to both Moses and Aaron in regard to the Israelites and Pharaoh king of Egypt, instructing them to deliver the Israelites from the land of Egypt. (14) The following are the heads of their respective clans.
The sons of Reuben, Israel’s first-born: Enoch and Pallu, Hezron and Carmi; those are the families of Reuben. (15) The sons of Simeon: Jemuel, Jamin, Ohad, Jachin, Zohar, and Saul the son of a Canaanite woman; those are the families of Simeon. (16) These are the names of Levi’s sons by their lineage: Gershon, Kohath, and Merari; and the span of Levi’s life was 137 years. (17) The sons of Gershon: Libni and Shimei, by their families. (18) The sons of Kohath: Amram, Izhar, Hebron, and Uzziel; and the span of Kohath’s life was 133 years. (19) The sons of Merari: Mahli and Mushi. These are the families of the Levites by their lineage. (20) Amram took to wife his father’s sister Jochebed, and she bore him Aaron and Moses; and the span of Amram’s life was 137 years. (21) The sons of Izhar: Korah, Nepheg, and Zichri. (22) The sons of Uzziel: Mishael, Elzaphan, and Sithri. (23) Aaron took to wife Elisheba, daughter of Amminadab and sister of Nahshon, and she bore him Nadab and Abihu, Eleazar and Ithamar. (24) The sons of Korah: Assir, Elkanah, and Abiasaph. Those are the families of the Korahites. (25) And Aaron’s son Eleazar took to wife one of Putiel’s daughters, and she bore him Phinehas. Those are the heads of the fathers’ houses of the Levites by their families. (26) It is the same Aaron and Moses to whom the LORD said, “Bring forth the Israelites from the land of Egypt, troop by troop.” (27) It was they who spoke to Pharaoh king of Egypt to free the Israelites from the Egyptians; these are the same Moses and Aaron. (28) For when the LORD spoke to Moses in the land of Egypt (29) and the LORD said to Moses, “I am the LORD; speak to Pharaoh king of Egypt all that I will tell you,” (30) Moses appealed to the LORD, saying, “See, I am of impeded speech; how then should Pharaoh heed me!”
The sons of Reuben, Israel’s first-born: Enoch and Pallu, Hezron and Carmi; those are the families of Reuben. (15) The sons of Simeon: Jemuel, Jamin, Ohad, Jachin, Zohar, and Saul the son of a Canaanite woman; those are the families of Simeon. (16) These are the names of Levi’s sons by their lineage: Gershon, Kohath, and Merari; and the span of Levi’s life was 137 years. (17) The sons of Gershon: Libni and Shimei, by their families. (18) The sons of Kohath: Amram, Izhar, Hebron, and Uzziel; and the span of Kohath’s life was 133 years. (19) The sons of Merari: Mahli and Mushi. These are the families of the Levites by their lineage. (20) Amram took to wife his father’s sister Jochebed, and she bore him Aaron and Moses; and the span of Amram’s life was 137 years. (21) The sons of Izhar: Korah, Nepheg, and Zichri. (22) The sons of Uzziel: Mishael, Elzaphan, and Sithri. (23) Aaron took to wife Elisheba, daughter of Amminadab and sister of Nahshon, and she bore him Nadab and Abihu, Eleazar and Ithamar. (24) The sons of Korah: Assir, Elkanah, and Abiasaph. Those are the families of the Korahites. (25) And Aaron’s son Eleazar took to wife one of Putiel’s daughters, and she bore him Phinehas. Those are the heads of the fathers’ houses of the Levites by their families. (26) It is the same Aaron and Moses to whom the LORD said, “Bring forth the Israelites from the land of Egypt, troop by troop.” (27) It was they who spoke to Pharaoh king of Egypt to free the Israelites from the Egyptians; these are the same Moses and Aaron. (28) For when the LORD spoke to Moses in the land of Egypt (29) and the LORD said to Moses, “I am the LORD; speak to Pharaoh king of Egypt all that I will tell you,” (30) Moses appealed to the LORD, saying, “See, I am of impeded speech; how then should Pharaoh heed me!”
הפעם הנוספת שבה מופיעה המילה מורשה בתורה היא בפרשת וארא, בהתגלות של ה' למשה במעמד הסנה, ביחס לארץ ישראל.
ד"א תורה צוה לנו משה - וכי ממשה אנו אוחזים את התורה? והלא אבותינו זכו בה, שנ' מורשה קהילת יעקב! שומע אני ירושה לבני מלכים. ירושה לבני קטנים מנין? ת"ל אתם נצבים היום כולכם. אל תקרי מורשה אלא מאורסה, שהתורה מאורסה היא לישראל, וכאשת איש לאומות העולם. וכן הוא אומר (משלי ו׳:כ״ז-כ״ח) היחתה איש אש בחיקו ובגדיו לא תשרפנה. אם יהלך איש על הגחלים ורגליו לא תכוינה כן הבא אל אשת רעהו כל הנוגע בה לא ינקה: מורשה קהילת יעקב:
(1) (Devarim 33:4) "Torah was commanded lanu by Moses": This command is only "lanu," only for our sake. Similarly, (I Kings 8:20) "And I have built the house for the name of the L-rd, the G-d of Israel" — What is the purpose of this house? (Ibid. 21) "And I have built there a place for the ark" — This command is only lanu, only for our sake.
(2) Variantly: "Torah was commanded to us by Moses": It is not from Moses alone that we hold the Torah; for our fathers, too, acquired it, viz. (Devarim, Ibid.) "the inheritance of the congregation of Jacob." This tells me (only) of an inheritance for the sons of kings. Whence do I derive the same for the sons of non-kings? From (Devarim. 29:9) "You are standing this day, all of you, etc." Variantly: Do not read it "morashah" ("inheritance"), but me'orasah" ("betrothed"), the Torah being betrothed to Israel, and (it is forbidden) to the gentiiles as (is) a married woman. Similarly, (Mishlei 6:27-29) "Will a man draw forth fire into his lap, and his clothes not be burned? Will a man walk on coals and his feet not be scorched? So, he who comes to his friend's wife. No one who touches her shall go clean." Thus "the betrothed of the congregation of Jacob."
מה ההבדל בין ירושה למאורסה?
איזה קשר הוא מובן מאליו ובאיזה קשר צריך לבחור ולהשקיע?
איזה קשר הוא מובן מאליו ובאיזה קשר צריך לבחור ולהשקיע?
1. לימוד תורה ע"י נוכרים
אמר מר בריה דרבינא לומר שאף על פי שמקיימין אותן אין מקבלין עליהם שכר. ולא?
והתניא היה רבי מאיר אומר מנין שאפילו עובד כוכבים ועוסק בתורה שהוא ככהן גדול? תלמוד לומר (ויקרא יח, ה) אשר יעשה אותם האדם וחי בהם. כהנים לוים וישראלים לא נאמר אלא האדם הא למדת שאפילו עובד כוכבים ועוסק בתורה הרי הוא ככהן גדול אלא לומר לך שאין מקבלין עליהם שכר כמצווה ועושה אלא כמי שאינו מצווה ועושה דאמר ר' חנינא גדול המצווה ועושה יותר משאינו מצווה ועושה.
This serves to say that even if they fulfill the seven Noahide mitzvot they do not receive a reward for their fulfilment. The Gemara asks: And are they not rewarded for fulfilling those mitzvot? But isn’t it taught in a baraita that Rabbi Meir would say: From where is it derived that even a gentile who engages in Torah study is considered like a High Priest? The verse states: “You shall therefore keep My statutes and My ordinances, which if a person do, and shall live by them” (Leviticus 18:5). It is not stated: Priests, Levites, and Israelites, but rather the general term “person.” From here you learn that even a gentile who engages in the study of Torah is like a High Priest. This demonstrates that gentiles are rewarded for fulfilling mitzvot, despite the fact that they are not commanded to do so. Rather, the verse serves to tell you that they do not receive as great a reward for their fulfillment as one who is commanded and performs a mitzva. Rather, they receive a lesser reward, like that of one who is not commanded and still performs a mitzva. As Rabbi Ḥanina says: Greater is one who is commanded to do a mitzva and performs it than one who is not commanded and performs it. The Gemara returns to the discussion between God and the nations of the world, whose claims are rejected with the rebuttal that they did not receive the Torah because they did not fulfill the seven Noahide mitzvot that were incumbent upon them. Rather, this is what the gentiles say before the Holy One, Blessed be He: Master of the Universe, as for the Jewish people who accepted the Torah, where is the evidence that they fulfilled its mitzvot? The Holy One, Blessed be He, says to them in response: I will testify about the Jewish people that they fulfilled the Torah in its entirety. The nations say before Him: Master of the Universe, is there a father who can testify about his son? As it is written: “Israel is My son, My firstborn” (Exodus 4:22). Since God is considered the Father of the Jewish people, He is disqualified from testifying on their behalf. The Holy One, Blessed be He, said to them: Heaven and earth will testify about them that they fulfilled the Torah in its entirety. The nations say before Him: Master of the Universe, in this matter the testimony of heaven and earth is tainted by a conflict of interest, as it is stated: “If My covenant be not with day and night, I would not have appointed the ordinances of heaven and earth” (Jeremiah 33:25). And concerning this verse, Rabbi Shimon ben Lakish says: What is the meaning of that which is written: “And there was evening and there was morning, the sixth day” (Genesis 1:31)? This teaches that the Holy One, Blessed be He, established a condition with the acts of Creation, and said: If the Jewish people accept My Torah at the revelation at Sinai, all is well, but if they do not accept it, I will return you to the primordial state of chaos and disorder. And this is similar to that which Ḥizkiyya says with regard to a different matter: What is the meaning of that which is written: “You caused sentence to be heard from heaven; the earth feared, and was silent” (Psalms 76:9)? If the earth feared, why was it silent, and if it was silent, why did it fear? One who is afraid does not stay silent, and one who remains silent thereby demonstrates that he is not afraid. Rather, this is the meaning of the verse: At first, when God came to give the Torah to the Jewish people, the earth feared that they might not accept it, and it would be destroyed. This is alluded to by the phrase “You caused sentence to be heard.” But ultimately, when the Jews accepted the Torah, the earth was silent. Consequently, heaven and earth are interested parties and cannot testify about the Jewish people’s commitment to the Torah. Instead, the Holy One, Blessed be He, says to the nations: Let the witnesses come from among you and testify that the Jewish people fulfilled the Torah in its entirety. Let Nimrod come and testify about Abraham that he did not engage in idol worship. Let Laban come and testify about Jacob that he is not suspect with regard to robbery (see Genesis 31:36–42). Let the wife of Potiphar come and testify about Joseph that he is not suspect with regard to the sin of adultery (see Genesis 39:7–12). Let Nebuchadnezzar come and testify about Hananiah, Mishael, and Azariah that they did not prostrate themselves before a graven image. Let Darius come and testify about Daniel that he did not neglect his prayer (see Daniel 6). Let Bildad the Shuhite, and Zophar the Naamathite, and Eliphaz the Temanite, and Elihu, son of Barachel, the Buzite, friends of Job (see Job 2:11 and 32:2) come and testify about the Jewish people that they fulfilled the Torah in its entirety. As it is stated: “All the nations are gathered together…let them bring their witnesses, that they may be justified” (Isaiah 43:9), i.e., the gathered gentiles will submit testimony on behalf of the Jewish people and demonstrate the Jews’ righteousness. The gentiles say before Him: Master of the Universe, give us the Torah afresh and we will perform its mitzvot. The Holy One, Blessed be He, says to them in response: Fools of the world! Do you think you can request this? One who takes pains on Shabbat eve will eat on Shabbat, but one who did not take pains on Shabbat eve, from where will he eat on Shabbat? The opportunity for performing mitzvot has already passed, and it is now too late to ask to perform them. But even so, I have an easy mitzva to fulfill, and its name is sukka; go and perform it. The Gemara asks: And how can you say so, that it is possible to perform a mitzva after the end of this world? But doesn’t Rabbi Yehoshua ben Levi say: What is the meaning of that which is written: “You shall therefore keep the commandment, and the statutes, and the ordinances, which I command you this day, to do them” (Deuteronomy 7:11)? This verse teaches that today, in this world, is the time to do them, but tomorrow, in the World-to-Come, is not the time to do them. Furthermore, today is the time to do them, but today is not the time to receive one’s reward, which is granted in the World-to-Come. The Gemara explains: But even so, God gave the nations an opportunity to perform a mitzva, as The Holy One, Blessed be He, does not deal tyrannically [beteruneya] with His creations, but wants them to feel that they have been judged fairly. The Gemara asks: And why does God call the mitzva of sukka an easy mitzva to fulfill? Because performing the mitzva involves no monetary loss. Immediately, each and every gentile will take materials and go and construct a sukka on top of his roof. And the Holy One, Blessed be He, will set upon them the heat [makdir] of the sun in the season of Tammuz, i.e., the summer, and each and every one who is sitting in his sukka will be unable to stand the heat, and he will kick his sukka and leave, as it is stated: “Let us break their bands asunder, and cast away their cords from us” (Psalms 2:3). The Gemara asks: Why does God heat the sun over them? But didn’t you say that the Holy One, Blessed be He, does not deal tyrannically with His creations? The Gemara answers: This is not considered dealing tyrannically with the gentiles, because for the Jewish people as well, there are times
ואמר ר' יוחנן עובד כוכבים שעוסק בתורה חייב מיתה שנאמר (דברים לג, ד) תורה צוה לנו משה מורשה. לנו מורשה ולא להם.
וליחשבה גבי שבע מצות?
מ"ד מורשה מיגזל קא גזיל לה, מאן דאמר מאורסה דינו כנערה המאורסה דבסקילה.
מיתיבי היה ר"מ אומר מניין שאפילו עובד כוכבים ועוסק בתורה שהוא ככהן גדול שנאמר (ויקרא יח, ה) אשר יעשה אותם האדם וחי בהם. כהנים לוים וישראלים לא נאמר, אלא האדם. הא למדת שאפילו עובד כוכבים ועוסק בתורה, הרי הוא ככהן גדול.
תם בשבע מצות דידהו:
The Gemara challenges: But the mitzva of establishing courts of judgment is a mitzva to stand up and take action, and nevertheless he counts it among the seven mitzvot. The Gemara answers: This mitzva contains a requirement to stand up and take action, i.e., the obligation to establish courts and carry out justice, and it also contains a requirement to sit and refrain from action, i.e., the prohibition against doing injustice. And Rabbi Yoḥanan says: A gentile who engages in Torah study is liable to receive the death penalty; as it is stated: “Moses commanded us a law [torah], an inheritance of the congregation of Jacob” (Deuteronomy 33:4), indicating that it is an inheritance for us, and not for them. The Gemara challenges: But if so, let the tanna count this prohibition among the seven Noahide mitzvot. The Gemara explains: According to the one who says that the verse is referring to the Torah as an inheritance, this prohibition is included in the prohibition of robbery, as a gentile who studies Torah robs the Jewish people of it. According to the one who says that the verse is referring to the Torah as betrothed, as the spelling of the Hebrew word for betrothed [me’orasa], is similar to that of the word for inheritance [morasha], the punishment of a gentile who studies Torah is like that of one who engages in intercourse with a betrothed young woman, which is execution by stoning. The Gemara raises an objection to Rabbi Yoḥanan’s statement from a baraita: Rabbi Meir would say: From where is it derived that even a gentile who engages in Torah study is considered like a High Priest? It is derived from that which is stated: “You shall therefore keep My statutes and My ordinances, which if a man does he shall live by them” (Leviticus 18:5). The phrase: Which if priests, Levites, and Israelites do they shall live by them, is not stated, but rather: “A man,” which indicates mankind in general. You have therefore learned that even a gentile who engages in Torah study is considered like a High Priest. The Gemara answers: There, in the baraita, the reference is to a gentile who engages in the study of their seven mitzvot. It is a mitzva for a gentile to study the halakhot that pertain to the seven Noahide mitzvot, and when he does so he is highly regarded. § The baraita that lists the Noahide mitzvot (56a) teaches that Rabbi Ḥanina ben Gamliel says: The descendants of Noah are also commanded concerning the prohibition against consuming the blood from a living animal. The Sages taught in a baraita: With regard to the verse: “Only flesh with its life, which is its blood, you shall not eat” (Genesis 9:4), this is the prohibition against eating a limb from a living animal. Rabbi Ḥanina ben Gamliel says: The blood from a living animal is also prohibited in this verse. The Gemara asks: What is the reasoning behind the opinion of Rabbi Ḥanina ben Gamliel? The Gemara answers: He reads into the verse: Flesh with its life you shall not eat; blood with its life you shall not eat. The Gemara asks: And how do the Rabbis explain the mention of blood in this verse? After all, in their opinion, blood from a living animal is not forbidden. The Gemara answers: That comes to permit eating limbs from living creeping animals. The verse indicates that the prohibition does not apply to creeping animals, whose blood is not considered separate from their flesh (see 59b). The baraita continues: Similarly, you can say that according to the opinion of Rabbi Ḥanina, blood from a living animal is also forbidden to the Jewish people in particular; as it is stated: “Only be steadfast in not eating blood, as the blood is the life, and you shall not eat the life with the flesh” (Deuteronomy 12:23). With regard to the statements: “Only be steadfast in not eating blood,” this is a limb from a living animal; “as the blood is the life,” this is blood from a living animal. The Gemara asks: And how do the Rabbis, who hold that there is no specific prohibition with regard to blood from a living animal, interpret this verse? The Gemara answers: That verse comes to teach the prohibition against consuming blood spilled in the process of bloodletting, as this is blood through which the soul departs (see Karetot 20b). The Gemara asks: According to Rabbi Ḥanina ben Gamliel, why do I need the Torah to write this halakha with regard to descendants of Noah, and why do I need the Torah to repeat it at Sinai with regard to Jews? Aren’t Jews also descendants of Noah? The Gemara answers that it is to be understood in accordance with the opinion of Rabbi Yosei, son of Rabbi Ḥanina; as Rabbi Yosei, son of Rabbi Ḥanina, says: Any mitzva that was first stated with regard to the descendants of Noah and was repeated at Sinai was stated for this group and for that group, i.e., it applies to both gentiles and Jews. But a mitzva that was stated with regard to the descendants of Noah and was not repeated at Sinai among the mitzvot given to the Jewish people was stated for the Jewish people and not for the descendants of Noah. And we have only the prohibition against eating the sciatic nerve to which this classification applies, and this is according to the opinion of Rabbi Yehuda, who holds that the verse: “Therefore the children of Israel do not eat the sciatic nerve, which is on the hollow of the thigh, until this day” (Genesis 32:32), is referring to the sons of Jacob, who were commanded to observe this prohibition even though they had the status of descendants of Noah. § The Master said in a baraita: Any mitzva that was stated with regard to the descendants of Noah and was repeated at Sinai was stated for this group and for that group. The Gemara raises an objection: On the contrary, from the fact that it was repeated at Sinai, clearly it can be derived that it was stated for the Jewish people and not for the descendants of Noah, as if it pertains to the descendants of Noah as well, why repeat it at Sinai? Aren’t the Jewish people are also descendants of Noah? The Gemara answers: From the fact that the prohibition of idol worship was repeated at Sinai, and we find that God punished gentiles for it, conclude from it that any mitzva that was repeated at Sinai was stated for this group and for that group, and not only for the Jewish people. It is further stated in the baraita that a mitzva that was stated with regard to the descendants of Noah and was not repeated at Sinai was stated for the Jewish people and not for the descendants of Noah. The Gemara raises an objection: On the contrary, from the fact that it was not repeated at Sinai, clearly it can be derived that it was stated for the descendants of Noah and not for the Jewish people. The Gemara answers: There is nothing that is permitted to a Jew and forbidden to a gentile. The Gemara asks: And is there not? But isn’t there the permission for a Jew to take a married beautiful woman, who was taken as a prisoner of war, to be his wife? For a gentile to do so is forbidden. The Gemara answers: There, the reason gentiles are prohibited from doing so is because they are not authorized to conquer. It is not permitted for gentiles to wage wars of conquest, and the halakha of marrying a beautiful woman is stated only with regard to a war of conquest. Therefore the fact that a beautiful woman who is a prisoner of war is permitted only to a Jew and not to a gentile does not indicate that gentiles have a higher degree of sanctity. The Gemara asks: But isn’t stealing less than the value of one peruta prohibited to a gentile and permitted to a Jew? The Gemara answers: There it is because gentiles are not apt to grant forgiveness of debts, even of less than the value of one peruta. Therefore, for a gentile to take even such a minuscule amount is considered robbery. Jews normally forgive such small amounts. It is stated in the baraita that any mitzva that was stated with regard to the descendants of Noah and was repeated at Sinai was stated both for this group and for that group.
(ט) עַכּוּ''ם שֶׁעָסַק בַּתּוֹרָה חַיָּב מִיתָה. לֹא יַעֲסֹק אֶלָּא בְּשֶׁבַע מִצְוֹת שֶׁלָּהֶן בִּלְבַד. וְכֵן עַכּוּ''ם שֶׁשָּׁבַת אֲפִלּוּ בְּיוֹם מִימוֹת הַחל אִם עֲשָׂאָהוּ לְעַצְמוֹ כְּמוֹ שַׁבָּת חַיָּב מִיתָה. וְאֵין צָרִיךְ לוֹמַר אִם עָשָׂה מוֹעֵד לְעַצְמוֹ. כְּלָלוֹ שֶׁל דָּבָר אֵין מְנִיחִין אוֹתָן לְחַדֵּשׁ דָּת וְלַעֲשׂוֹת מִצְוֹת לְעַצְמָן מִדַּעְתָּן. אֶלָּא אוֹ יִהְיֶה גֵּר צֶדֶק וִיקַבֵּל כָּל הַמִּצְוֹת. אוֹ יַעֲמֹד בְּתוֹרָתוֹ וְלֹא יוֹסִיף וְלֹא יִגְרַע. וְאִם עָסַק בַּתּוֹרָה אוֹ שָׁבַת אוֹ חִדֵּשׁ דָּבָר. מַכִּין אוֹתוֹ וְעוֹנְשִׁין אוֹתוֹ וּמוֹדִיעִין אוֹתוֹ שֶׁהוּא חַיָּב מִיתָה עַל זֶה. אֲבָל אֵינוֹ נֶהֱרָג:
(9) A non-Jew who busied himself with Torah is liable with his life. He must involve himself in their Seven Commandments only. Similarly, a non-Jew who “rested” as one would on Shabbos, even on a weekday, is liable with the death penalty. There is no reason to mention (that he is culpable) if he invented his own holiday. The principle here is that we do not permit them to make a new religion and create new commandments for themselves based on their own reasoning. They may only become Righteous Converts and accept upon themselves all the Commandments, or they must observe their own (Seven) Laws only, and not add or detract from them. If a non-Jew busied himself with Torah or made Shabbos or made up something new, we give him lashes and punish him and tell him that he is liable with the death penalty for doing this. But he is not executed.
לשון ריא"ז בפרק ד' מיתות עובד כוכבים שעוסק בתורה חייב שנאמר תורה צוה לנו משה מורשה לנו ולא להם והרי הוא בכלל גזל שהוא גוזל ירושתנו ונראה בעיני שישראל המלמדו תורה הרי הוא עובר על ולפני עור ולא נאמר כל זה אלא בתורת משה ומצותיה שנצטוו בהן ישראל אבל נביאים וכתובים נראה בעיני שמותר ללמדו שרואה בהן נחמות האמורים לישראל ותשובות שראוי להאמין לאפיקורסין וע"י כן אפשר שישלים דרכו.
שו"ת אגרות משה יו"ד חלק ג סימן צ
ויש מקום לחלק בין תורה שבכתב לתורה שבע"פ, דאולי תורה שבכתב לא נאסר דהרי נתחייבו ישראל כשנכנסו לארץ לכתוב את התורה על גבי האבנים בשבעים לשון כדי שכל אומות העולם יעתיקו את התורה וילמדו אותה כמפורש בסוטה דף לה, ב, ואם אסור ללמדם אף תורה שבכתב הרי היה זה דבר אסור ונצטרך לומר שהיה זה הוראת שעה לעבור על האיסור בשביל שלא יהא פתחון פה להאומות לומר לא היה לנו מהיכן ללומדה שאם אין לנו הכרח לא נימא כן, שלכן אולי ליכא האיסור בתורה שבכתב והכתיבה הא היה זה רק על תורה שבכתב שהוא דבר מותר ונתחייבו בדבר היתר באותו זמן כשנכנסו לארץ אבל ראיה גדולה ליכא דהא אפשר שלמצוה זו שלא יהא להם פתחון פה נתחייבו אף שהיה דבר איסור.
ויש מקום לחלק בין תורה שבכתב לתורה שבע"פ, דאולי תורה שבכתב לא נאסר דהרי נתחייבו ישראל כשנכנסו לארץ לכתוב את התורה על גבי האבנים בשבעים לשון כדי שכל אומות העולם יעתיקו את התורה וילמדו אותה כמפורש בסוטה דף לה, ב, ואם אסור ללמדם אף תורה שבכתב הרי היה זה דבר אסור ונצטרך לומר שהיה זה הוראת שעה לעבור על האיסור בשביל שלא יהא פתחון פה להאומות לומר לא היה לנו מהיכן ללומדה שאם אין לנו הכרח לא נימא כן, שלכן אולי ליכא האיסור בתורה שבכתב והכתיבה הא היה זה רק על תורה שבכתב שהוא דבר מותר ונתחייבו בדבר היתר באותו זמן כשנכנסו לארץ אבל ראיה גדולה ליכא דהא אפשר שלמצוה זו שלא יהא להם פתחון פה נתחייבו אף שהיה דבר איסור.
2. התורה שייכת לכל עם ישראל
אמר רב יהודה אמר רב כל המונע הלכה מפי תלמיד כאילו גוזלו מנחלת אבותיו שנאמר (דברים לג, ד) תורה צוה לנו משה מורשה קהילת יעקב מורשה היא לכל ישראל מששת ימי בראשית.
אמר רב חנא בר ביזנא אמר רבי שמעון חסידא כל המונע הלכה מפי תלמיד אפילו עוברין שבמעי אמו מקללין אותו שנאמר (משלי יא, כו) מונע בר יקבוהו לאום. ואין לאום אלא עוברין שנאמר (בראשית כה, כג) ולאום מלאום יאמץ, ואין קבה אלא קללה שנאמר (במדבר כג, ח) מה אקב לא קבה אל, ואין בר אלא תורה שנאמר (תהלים ב, יב) נשקו בר פן יאנף.
fine first fruits of a fig tree, and he stationed two guards in the orchard, one lame, who was unable to walk, and one blind. Neither was capable of reaching the fruit on the trees in the orchard without the assistance of the other. The lame person said to the blind person: I see fine first fruits of a fig tree in the orchard; come and place me upon your shoulders. I will guide you to the tree, and we will bring the figs to eat them. The lame person rode upon the shoulders of the blind person and they brought the figs and ate them. Sometime later the owner of the orchard came to the orchard. He said to the guards: The fine first fruits of a fig tree that were in the orchard, where are they? The lame person said: Do I have any legs with which I would be able to walk and take the figs? The blind person said: Do I have any eyes with which I would be able to see the way to the figs? What did the owner of the orchard do? He placed the lame person upon the shoulders of the blind person just as they did when they stole the figs, and he judged them as one. So too, the Holy One, Blessed be He, brings the soul on the day of judgment and casts it back into the body, as they were when they sinned, and He judges them as one, as it is stated: “He calls to the heavens above and to the earth that He may judge His people” (Psalms 50:4). “He calls to the heavens above”; this is the soul, which is heavenly. “And to the earth that He may judge His people”; this is the body, which is earthly. The Gemara relates another exchange. Antoninos said to Rabbi Yehuda HaNasi: For what reason does the sun emerge in the east and set in the west? Rabbi Yehuda HaNasi said to him: If it were the reverse, you would have also said that to me, as the sun must emerge from one direction and set in the other. Antoninos said to him: This is what I am saying to you: For what reason does the sun set in the west and not occasionally deviate and set elsewhere? Rabbi Yehuda HaNasi said to him: The sun always sets in the west in order to greet its Creator, as it is stated: “And the hosts of heaven worship You” (Nehemiah 9:6). Setting is a form of worship; it is as though the sun is bowing to God. The Divine Presence rests in the west, as is evident from the fact that the Holy of Holies in the Temple, in which the Ark, the resting place of the Divine Presence, is located in the west. Antoninos said to him: If so, let the sun come until the midpoint of the sky, set slightly and greet its Creator, and return and enter its place of origin in the east and set there. Rabbi Yehuda HaNasi answered him: The sun sets in the west due to workers and due to travelers, as, if the sun did not proceed from east to west with the light of day gradually waning, they would not know that it is time to return home or to find an inn. And Antoninos said to Rabbi Yehuda HaNasi: From when is the soul placed in a person? Is it from the moment of conception or from the moment of the formation of the embryo, forty days after conception? Rabbi Yehuda HaNasi said to him: It is from the moment of the formation of the embryo. Antoninos said to him: That is inconceivable. Is it possible that a piece of meat could stand for even three days without salt as a preservative and would not rot? The embryo could not exist for forty days without a soul. Rather, the soul is placed in man from the moment of conception. Rabbi Yehuda HaNasi said: Antoninos taught me this matter, and there is a verse that supports him, as it is stated: “And Your Providence [pekudatekha] has preserved my spirit” (Job 10:12) indicating that it is from the moment of conception [pekida] that the soul is preserved within a person. And Antoninos said to Rabbi Yehuda HaNasi: From when does the evil inclination dominate a person? Is it from the moment of the formation of the embryo or from the moment of emergence from the womb? Rabbi Yehuda HaNasi said to him: It is from the moment of the formation of the embryo. Antoninos said to him: If so, the evil inclination would cause the fetus to kick his mother’s innards and emerge from the womb. Rather, the evil inclination dominates a person from the moment of emergence from the womb. Rabbi Yehuda HaNasi said: Antoninos taught me this matter, and there is a verse that supports him, as it is stated: “Sin crouches at the entrance” (Genesis 4:7), indicating that it is from the moment of birth, when the newborn emerges from the entrance of his mother’s womb, that the evil inclination lurks. § Reish Lakish raises a contradiction between two verses written with regard to the resurrection of the dead. It is written: “I will bring them from the north country and gather them from the ends of the earth, and with them the blind and the lame, the woman with child and the woman giving birth together” (Jeremiah 31:7), indicating that at the end of days there will still be people with physical defects. And it is written: “Then shall the lame man leap as a deer and the tongue of the mute sing; for in the wilderness shall waters break out, and streams in the desert” (Isaiah 35:6), indicating that at the end of days there will be no people with physical defects. How so? When resurrected, the dead will arise still afflicted with their defects, and they will then be healed. Ulla raises a contradiction. It is written: “He will swallow death forever; and the Lord God will wipe tears from all faces” (Isaiah 25:8), indicating that death will no longer exist at the end of days. And it is written: “There shall be no more an infant a few days old then…for the youngest shall die one hundred years old” (Isaiah 65:20). The Gemara answers that this contradiction is not difficult. The verse here, in Isaiah chapter 25, is written with regard to the Jewish people, who will live forever after resurrection; the verse there, in Isaiah chapter 65, is written with regard to gentiles, who will ultimately die after an extremely long life. The Gemara asks: And what do gentiles seek, i.e., why will they merit to live, in that era? The Gemara answers that the verse is referring to those gentiles about whom it is written: “And strangers shall stand and feed your flocks, and aliens shall be your plowmen and vinedressers” (Isaiah 61:5). Rav Ḥisda raises a contradiction. It is written: “Then the moon shall be confounded and the sun ashamed, when the Lord of hosts will reign in Mount Zion and in Jerusalem, and before His elders shall be His glory” (Isaiah 24:23), indicating that the sun and the moon will no longer shine at the end of days. And it is written: “And the light of the moon shall be as the light of the sun, and the light of the sun shall be sevenfold, as the light of seven days” (Isaiah 30:26), indicating that the sun and the moon will exist then and they will shine more brightly. The Gemara answers that this is not difficult. The verse here, in Isaiah chapter 30, is written with regard to the days of the Messiah, when the sun and moon will shine more brightly; the verse there, in Isaiah chapter 24, is written with regard to the World-to-Come, when the only light will be the light of God. The Gemara asks: And according to Shmuel, who says: The difference between this world and the messianic era is only subjugation of the exiles, as during that era the Jewish people will be freed from that subjugation, how is the contradiction resolved? The Gemara answers that even according to Shmuel this contradiction is not difficult. The verse here, in Isaiah chapter 30, is written with regard to the light in the camp of the righteous; the verse there, in Isaiah chapter 24, the verse is written with regard to the camp of the Divine Presence, when the only light will be the light of God. Rava raises a contradiction. It is written: “I will kill and I will bring to life” (Deuteronomy 32:39), indicating that God is capable of reviving the dead. And it is written immediately afterward: “I wounded and I will heal,” which indicates that God will only heal the wounded. Rather, it should be understood: The Holy One, Blessed be He, is saying: What I kill, I bring to life, indicating that God revives the dead. And then what I wounded, I will heal. § The Sages taught in a baraita with regard to the verse: “I will kill and I will bring to life.” One might have thought that it means that there will be death for one person and life for one other person, in the typical manner that the world operates. Therefore, the verse states: “I wounded and I will heal.” Just as wounding and healing take place in one person, so too, death and bringing back to life take place in one person. From here there is a response to those who say that there is no resurrection of the dead derived from the Torah. It is taught in a baraita that Rabbi Meir said: From where is resurrection of the dead derived from the Torah? It is derived from a verse, as it is stated: “Then Moses and the children of Israel will sing this song to the Lord” (Exodus 15:1). It is not stated: Sang, in the verse; rather, the term “they will sing” is stated, indicating that Moses will come back to life and sing the song in the future. From here it is proved that resurrection of the dead is derived from the Torah. On a similar note, you can say: “Then Joshua will build an altar to the Lord God of Israel on Mount Ebal” (Joshua 8:30). It is not stated: Built, in the verse; rather, the term “will build” is stated. From here, resurrection of the dead is derived from the Torah. The Gemara challenges: If that is so, then in the verse: “Then Solomon will build an altar for Chemosh the abomination of Moab” (I Kings 11:7), does this also mean that Solomon will build in the future? Rather, the use of the future tense here should be understood differently. Solomon did not build an altar to the idol; rather, the use of the future tense teaches that the verse ascribes him blame as though he built it, since he did not prevent his wives from doing so. Therefore, no proof for the resurrection of the dead may be cited from this verse. Rabbi Yehoshua ben Levi says: From where is resurrection of the dead derived from the Torah? It is derived from a verse, as it is stated: “Happy are they who dwell in Your house; they will yet praise You, Selah” (Psalms 84:5). It is not stated: They praised you, in the verse; rather, the term “they will praise you” is stated. From here, resurrection of the dead is derived from the Torah. And Rabbi Yehoshua ben Levi says: Anyone who recites song to God in this world is privileged and recites it in the World-to-Come, as it is stated: “Happy are they who dwell in Your house; they will yet praise You, Selah.” Rabbi Ḥiyya bar Abba says that Rabbi Yoḥanan says: From where is resurrection of the dead derived from the Torah? It is derived from a verse, as it is stated: “Your watchmen, they raise the voice; together shall they sing, for they shall see eye to eye the Lord returning to Zion” (Isaiah 52:8). It is not stated: They sang, in the verse; rather, the term “together shall they sing” is stated. From here resurrection of the dead is derived from the Torah. And Rabbi Ḥiyya bar Abba says that Rabbi Yoḥanan says: All the prophets are all destined to recite song in one voice, as it is stated: “Your watchmen, they raise the voice; together shall they sing.” Rav Yehuda says that Rav says: With regard to anyone who withholds halakha from being studied by the mouth of a student who seeks to study Torah, it is as though he robs him of the inheritance of his ancestors, as it is stated: “Moses commanded us the Torah, an inheritance of the congregation of Jacob” (Deuteronomy 33:4), indicating that the Torah is an inheritance for all of the Jewish people from the six days of Creation. Rav Ḥana bar Bizna says that Rabbi Shimon Ḥasida says: With regard to anyone who withholds halakha from being studied by the mouth of a student who seeks to study Torah, even fetuses in their mother’s womb curse him, as it is stated: “He who withholds bar,
מַעֲשֶׂה בְּרַבִּי יַנַּאי שֶׁהָיָה מְהַלֵּךְ בַּדֶּרֶךְ וְרָאָה אָדָם אֶחָד שֶׁהָיָה מְשֻׁפַּע בְּיוֹתֵר.
אֲמַר לֵיהּ מַשְׁגַּח רַבִּי מִתְקַבְּלָא גַבָּן?
אֲמַר לוֹ אִין.
הִכְנִיסוֹ לְבֵיתוֹ הֶאֱכִילוֹ וְהִשְׁקָהוּ.
בְּדָקוֹ בְּמִקְרָא וְלֹא מְצָאוֹ, בְּמִשְׁנָה וְלֹא מְצָאוֹ, בְּאַגָּדָה וְלֹא מְצָאוֹ, בְּתַלְמוּד וְלֹא מְצָאוֹ.
אֲמַר לֵיהּ סַב בְּרִיךְ.
אֲמַר לֵיהּ יְבָרֵךְ יַנַּאי בְּבֵיתֵיהּ.
אֲמַר לֵיהּ אִית בָּךְ אֲמַר מַה דַּאֲנָא אֲמַר לָךְ?
אֲמַר לֵיהּ אִין.
אֲמַר לֵיהּ אֱמֹר: אָכוֹל כַּלְבָּא פִּיסְתְּיָא דְּיַנַּאי,
קָם תַּפְסֵיהּ אֲמַר לֵיהּ יְרוּתָתִי גַבָּךְ דְּאַתְּ מוֹנֵעַ לִי.
אֲמַר לֵיהּ וּמַה יַרְתּוּתָךְ גַבִּי?
אֲמַר לֵיהּ חַד זְמַן הֲוֵינָא עָבַר קַמֵּי בֵּית סִפְרָא, וּשְׁמָעִית קָלְהוֹן דְּמֵנִיקַיָא אָמְרִין (דברים לג, ד): תּוֹרָה צִוָּה לָנוּ משֶׁה מוֹרָשָׁה קְהִלַּת יַעֲקֹב, מוֹרָשָׁה קְהִלַּת יַנַּאי אֵין כְּתִיב כָּאן אֶלָּא קְהִלַּת יַעֲקֹב.
אֲמַר לֵיהּ לָמָּה זָכִיתָ לְמֵיכְלָא עַל פְּתוֹרִי?
אֲמַר לוֹ מִיּוֹמַי לָא שְׁמָעִית מִילָא בִּישָׁא וְחִזַּרְתִּי לְמָרַהּ, וְלָא חָמֵית תְּרֵין דְּמִתְכַּתְּשִׁין דֵּין עִם דֵּין וְלָא יְהַבִית שְׁלָמָא בֵּינֵיהוֹן.
אֲמַר לֵיהּ כָּל הֲדָא דֶּרֶךְ אֶרֶץ גַּבָּךְ וְקָרִיתָךְ כַּלְבָּא, קָרָא עֲלֵיהּ שָׁם דֶּרֶךְ, דְּשָׁיֵם אָרְחֵיהּ סַגֵּי שָׁוֵי.
דְּאָמַר רַבִּי יִשְׁמָעֵאל בַּר רַב נַחְמָן עֶשְׂרִים וְשִׁשָּׁה דוֹרוֹת קָדְמָה דֶּרֶךְ אֶרֶץ אֶת הַתּוֹרָה, הֲדָא הוּא דִכְתִיב (בראשית ג, כד): לִשְׁמֹר אֶת דֶּרֶךְ עֵץ הַחַיִּים, דֶּרֶךְ, זוֹ דֶּרֶךְ אֶרֶץ, וְאַחַר כָּךְ עֵץ הַחַיִּים, זוֹ תּוֹרָה.