Mekhilta DeRabbi Shimon Ben Yochai Reader

"You shall not follow the majority to do evil" (Exodus 23:2). From where do we learn that capital cases are judged by twenty-three? Scripture says, "And the congregation shall judge, and the congregation shall deliver" (Numbers 35:24-25): a congregation that judges and a congregation that delivers — ten to acquit and ten to condemn. From where do the [other] three come? From the implication of what is said, "You shall not follow the majority to do evil," it follows that you may not be with them for evil [by a bare majority], but you may be with them for good. One might think you may not be with them for evil at all. Scripture says, "after the majority to incline" [a majority may condemn, but a greater one]. Say from now: since the Torah said execute by the testimony of witnesses and execute by those who incline [the verdict], just as witnesses are no fewer than two, so those who incline are no fewer than two. A court must not be evenly balanced, so one more is added to them: thus twenty-three. Rabbi says: from the implication of what is said, "You shall not follow the majority to do evil," I might hear that you should be with them for good. If so, why does it say "after the majority to incline"? That your inclining for good should not be like your inclining for evil: your inclining for good is by one, and for evil by two. "You shall not respond concerning a case so as to turn aside" (Exodus 23:2): that you should not say at the time of counting, "it is enough for me to be like so-and-so," but rather state what is before you. [One might think the same applies even to monetary cases. Scripture says "after the majority to incline."] Another interpretation: "You shall not respond concerning a case so as to turn aside": that one who argued for acquittal should not then teach guilt in capital cases. Another interpretation: from here we learn that they may reverse a verdict for acquittal but not for guilt. Another interpretation: from here we learn that in capital cases they do not open first with guilt but with acquittal. Another interpretation: from here we learn that in capital cases they do not begin with the greatest but from the side, for it is written "concerning a case [the great one]." Another interpretation: "You shall not respond concerning a case": from here we learn that they do not seat a king in the Sanhedrin.

"Nor shall you favor a poor man" (Exodus 23:3). Could this mean you may not honor him with money? Scripture teaches, "in his dispute" [his lawsuit] — that you shall not favor him in judgment. You should not say: this is a poor man, and he comes from a good family; let me find in his favor in the judgment, so that he may earn his living honestly. Therefore Scripture says, "Nor shall you favor a poor man in his dispute." And elsewhere it says, "You shall not show favor to the poor" (Leviticus 19:15).

"When you encounter" (Exodus 23:4) — from this I know only a positive commandment. How do I know the negative commandment? Scripture teaches, "You shall not see your brother's ox" (Deuteronomy 22:1). I know only of your brother; how do I know of your enemy? Scripture teaches, "your enemy's ox," in any case. [Could it mean] even the animal of others [non-members of the covenant community] is so? Scripture teaches, "your brother" (there). Just as your brother is one who is a fellow with you, so any person who is a fellow with you. If you subdue your impulse so as to make your enemy your friend, I promise you that I will make your enemy your friend. "When you encounter" — could this mean an actual encounter [close at hand]? Scripture teaches, "when you see." Could it mean from when he sees it far off? Scripture teaches, "when you encounter." How then? A seeing that is like an encounter: one part in seven and a half of a mil, the measure of a ris [about that distance]. "Going astray" — anything whose manner is straying. From this you say: if a donkey was grazing in its usual way, and vessels were lying in their usual place, one is not obligated toward them. But if a donkey is straying among the vineyards, or vessels are lying in the middle of the road, then one is obligated toward it. "You shall surely return it" — since it says, "Honor your father and your mother" (Exodus 20:12), could it be that even if his father and mother said to him, "Do not return it," he should obey them? Scripture teaches, "You shall surely return it." If he returned it and it ran off again, how do I know he is obligated to return it again? Scripture teaches, "You shall surely return it" — even a hundred times. "To him" — return them to your brother, or to a domain that is his.

"When you see" (Exodus 23:5) — from this I know only a positive commandment. How do I know the negative commandment? Scripture teaches, "You shall not see" (Deuteronomy 22:4). It is written "when you see" and it is written "when you encounter" — a seeing that is like an encounter. "The donkey of one who hates you." Is this one who hates and is an enemy from within Israel? Is that possible, when Scripture says, "You shall not hate your brother" (Leviticus 19:17)? Rather, this is one whom he saw commit a transgression and warned, but the other did not desist, and there is no other witness present sufficient to have him flogged or to free him — so it is a commandment to hate him until he returns to good. Even so, it is a commandment to return his lost item and a commandment to unload with him and to load with him, as it is written, "As I live, says the Lord GOD, I do not desire the death of the wicked" (Ezekiel 33:11). "Crouching" — and not standing. "Under its burden" — and not unloaded. "And you would refrain from helping him" — how do you say: if it was a great man, or a priest standing in a cemetery, or the night of Shabbat had grown dark so that he is not permitted to attend to it? Scripture teaches, "and you would refrain from helping him" — there are times you refrain and times you do not refrain. "You shall surely help with him" — this is the commandment of unloading; and elsewhere it says, "you shall surely lift up with him" (Deuteronomy 22:4), which is the commandment of loading. Unloading is done without charge and loading for a fee; the commandment of unloading takes precedence over the commandment of loading. "You shall surely help with him" — if he went and sat down and said to you, "Since the commandment is upon you, unload it if you wish, or not," you are exempt, as it says "with him." Could this be even if he is old or ill? Scripture teaches, "you shall surely help" — "with him" includes the load that is upon his own shoulder.

"You shall not pervert the judgment of your needy one" (Exodus 23:6). Why do I need this? Has it not already been said, "You shall not pervert judgment" (Deuteronomy 16:19), whether of poor or rich? What then does "You shall not pervert the judgment of your needy one" teach? This is one who is needy in commandments [poor in good deeds]. You should not say: he is wicked, his presumption is that he lies, and this other man's presumption is that he does not lie; let me pervert the judgment against him. Therefore Scripture teaches, "You shall not pervert the judgment of your needy one." Another interpretation: "the judgment of your needy one" you may not pervert, but you may incline the judgment of another. From here they said: an Israelite and a gentile who came to judgment — if Israel has the right under our law, we judge for him by our law and tell him, "This is our law"; and if Israel has the right under the laws of the nations, we judge for him by their laws and tell them, "This is your law."

"Keep far from a false matter" (Exodus 23:7). How do we know that a judge may not hear the words of one litigant before his fellow arrives? Scripture teaches, "Keep far from a false matter." How do we know that a litigant may not make his words pleasing to the judge before the other litigant arrives? Scripture teaches, "Keep far from a false matter." "And do not slay the innocent and righteous." If not, what had entered My mind, to slay innocent and needy souls? Rather, this is one who has grounds for acquittal. From here we learn that we do not punish on the basis of inference. How do you say: if there are witnesses against him but no warning was given, or warning was given but no witnesses, he is exempt? If two testify that he profaned the Sabbath — one testifies that he gathered figs and one that he gathered grapes; one testifies he gathered black ones and one that he gathered white ones — could it be that since he profaned the Sabbath in any case, let him come and be executed? Scripture teaches, "do not slay the innocent and righteous." "Do not slay the innocent and righteous" — this teaches that we reopen the case to acquit him. Could it be that we reopen it to convict him? Scripture teaches, "do not slay the innocent and righteous." I know only of execution; how do I know of exile? It says "a matter" here and it says "a matter" elsewhere [a verbal analogy]: just as the "matter" stated elsewhere is exile, so the "matter" stated here is exile. I know only of exile; how do I know of flogging? It says "wicked" here and it says "wicked" elsewhere (Deuteronomy 25:2): just as the "wicked" stated elsewhere is flogging, so the "wicked" stated here is flogging. Could it be that even in monetary cases we do not reopen to convict? Scripture teaches, "the innocent and righteous do not slay" — in a capital case you do not reopen against him, but in a monetary matter you may reopen. Could it be that just as your hand is clear, so is My hand clear? Scripture teaches, "for I will not acquit the wicked." "For I will not acquit the wicked" — yet I do acquit him through repentance.

"And you shall take no bribe" (Exodus 23:8)... "for the bribe blinds"... Another interpretation: "for the bribe blinds the eyes of the wise" — he declares the impure pure and the pure impure. "And it twists the words of the righteous" — he declares the forbidden permitted and the permitted forbidden.

"And you shall not oppress a stranger" (Exodus 23:9). Rabbi Eliezer said: Why did the Torah warn concerning the stranger in some thirty-six places? Because his inclination is bad — lest he return to his former ways [his prior corruption]. "For you were strangers" — from here Rabbi Eliezer said: the blemish that is in you, do not speak of in your fellow. (Note: the manuscript names the first speaker as Rabbi Levi or Rabbi Eliezer; reading uncertain.)

"And six years you shall sow your land" (Exodus 23:10). How do I know that rice, millet, poppy, and sesame that took root before Rosh Hashanah may be gathered in the seventh year? Scripture teaches, "and gather in its produce" — in the seventh year. Could this be even though they did not take root? Scripture teaches, "six years you shall sow and gather in": six sowings and six gatherings, not six sowings and seven gatherings. Rabbi Natan ben Yosef says: one verse says, "Six years you shall sow your field" (Leviticus 25:3), and another verse says, "Six years you shall sow your land." How can both verses be upheld? One refers to when Israel entered the land, and one to when they came up from the exile.

"And in the seventh year you shall let it rest and lie fallow" (Exodus 23:11): you shall release it from gathering. "And lie fallow" means from clearing away stones. One might think a person may set guards over it until the time for removal arrives and then hand it over to them; therefore Scripture says, "and lie fallow." "That the needy of your people may eat": I have heard only the poor; from where do I learn the rich as well? Scripture says, "and the sabbath of the land shall be food for you" (Leviticus 25:6). If so, why does it say "the needy of your people"? Because they resemble the poor. "And what they leave the beasts of the field shall eat": and is it the case that an animal does not eat unless with your permission? What then does Scripture teach by "what they leave the beasts of the field shall eat"? As long as a beast can eat from the field, you may eat from what is in the house; once it is finished in the field, clear it out of the house. From here they said: one who pickles five kinds of preserved vegetables in a single jar, Rabban Gamliel says, whichever kind is finished in the field, he must remove its value from the house. One might think they must all be removed at once; therefore Scripture says, "your vineyard." One might think all the lands must be cleared at once; therefore Scripture says, "your olive grove." Just as we find with two kinds growing on a tree, that each has its own time of removal, so each and every kind has its own removal. One might think every single field requires its own removal; therefore Scripture says... [text uncertain]. From here you say there are three lands regarding removal: Judea, Transjordan, and the Galilee. "So shall you do for your vineyard, for your olive grove": but were not the vineyard and the olive grove already included in the general rule? Why were they singled out? To draw an analogy from them: just as the vineyard is the subject of a positive command and one transgresses a negative command over it, as it is written, "and the grapes of your untended vines you shall not gather" (Leviticus 25:5), so anything that is the subject of a positive command, one transgresses a negative command over it. From where do we learn that one may not manure, prune away suckers, dig around, smoke out, lop, or prop up the leaves? Scripture says, "your vineyard." And from where that one may not trim, cut back, strip, prop, or lop the leaves of olives? Scripture says, "your olive grove."

"Six days you shall do your work": by inference from another verse that says, "six days you shall labor and do all your work, and the seventh day you shall rest" (Exodus 20:9). You rest only at the time when you do all your work; from where do I learn rest even at a time when you are not doing any work? Scripture says, "and on the seventh day you shall rest" in any case. It compares the Sabbath to the sabbatical year: just as the sabbatical year, which carries no penalty of death, requires that one rest in advance, from the eve of the seventh year before the seventh year by thirty days, is it not logical that the Sabbath, which does carry a penalty of death, requires one to add from the profane onto the holy? "That your ox and your donkey may rest": this teaches that you are commanded concerning the rest of your animal, but you are not commanded concerning the rest of your vessels. "And the son of your maidservant may be refreshed": Rabbi Yose the Galilean says, leave him be; and Rabbi Akiva says, give him relief. "And the stranger": this is the resident alien, who is the hired worker and the gleaner-laborer of an Israelite, that one should not let him do work for him on the Sabbath; but for himself the resident alien may work.

"And in all that I have said to you, take heed": that a person should not rent out his animal to a gentile or to one suspected concerning the sabbatical year. Rabbi Eliezer ben Yaakov says: this comes to attach a negative command to every positive command stated in the section. "And make no mention of the name of other gods": that a person should not take a vow in the name of an idol, nor uphold an oath in its name, nor cause a gentile to vow in the name of his idol. Another interpretation: "And make no mention of the name of other gods" is a warning to the prophet who prophesies in the name of an idol, for it says, "and that prophet shall die" (Deuteronomy 18:20). We have heard the punishment; from where the warning? Scripture says, "and make no mention of the name of other gods." Another interpretation: "do not make mention": a person should not say to his fellow, "keep watch for me beside such-and-such idol and I will keep watch for you beside such-and-such idol." But any idol mentioned in Scripture is permitted to be named, such as Peor, Bel, Nebo, and Chemosh. "Let it not be heard upon your mouth": this is a warning against the one who entices and the one who incites to idolatry.

"Three times [literally: three feet]": and not those who walk on stilts. "Three feet": everything goes according to a person's own feet; one who comes from a near place is not like one who comes from a far place. "You shall keep a feast to Me": that he should offer the festival peace-offering. "You shall keep a feast to Me": with a festival-offering brought for its own sake a person fulfills his obligation, but a person does not fulfill his obligation with a festival-offering not brought for its own sake. If so, why does it say "you shall keep a feast to Me"? Whenever you keep the feast according to its commandment, I credit it to you as though you had brought it as a freewill gift; but when you do not keep the feast as is fitting, I credit it to you as though you had trespassed against the Temple Mount and the courts. Thus it says, "when you come to appear before Me, who has asked this of you, to trample My courts?" (Isaiah 1:12).

"You shall keep the feast of unleavened bread": by inference from another verse that says, "keep the month of the spring and offer the Passover" (Deuteronomy 16:1). One might think you make the Passover only at a time when you have the spring crop; from where do I learn even at a time when you do not have the spring crop? Scripture says, "you shall keep the feast of unleavened bread." Another interpretation: just as at the going out from Egypt, even though you had no spring crop there was only unleavened bread; from where do we learn to apply what is said of the Egyptian Passover to the Passover of later generations, and what is said of the Passover of later generations to the Egyptian Passover? "Seven days you shall eat unleavened bread as I commanded you" (Exodus 23:15): this teaches that the year in which Israel went out from Egypt was kept according to its proper order. "And none shall appear before Me empty": even from charity. "And none shall appear before Me empty": even with anything at all. But the Sages say: there is nothing less than a maah of silver for the burnt-offering of appearance, and two pieces of silver for the festival-offering.

"And the feast of harvest": Rabbi Yishmael says, whenever Shavuot falls on the Sabbath, the festival day after the Sabbath, one keeps the feast and reaps. "The firstfruits of your labors": by inference from another verse that says, "the firstfruits of the wheat harvest" (Exodus 34:22). I have heard only of wheat; from where do I learn of barley? Scripture says, "which you sow in the field." I have heard only of what one sows; from where do I learn of what grew on its own? Scripture says, "which is in the field." I have heard only of what is in the field; from where do I learn of what is on the roof, in the courtyard, and on dry ground? Scripture says, "the firstfruits of all that is in their land" (Numbers 18:13). Another interpretation: "the feast of harvest, the firstfruits of your labors" teaches that one does not bring firstfruits before Shavuot, and if he brought them, they are not accepted from him. "And the feast of ingathering at the going out of the year": by inference from another verse that says, "you shall surely tithe all the yield of your seed, which comes forth from the field year by year" (Deuteronomy 14:22). I do not know when the year is; Scripture says, "the feast of ingathering at the going out of the year," and elsewhere it says, "the turning of the year" (Exodus 34:22). When does the year go out? You must say, at the turning. One might think the turning of Tevet; Scripture says "feast," and the turning of Tevet has no feast. One might think the turning of Nisan, for it has a feast; Scripture says "the feast of ingathering," which has ingathering, and the turning of Nisan has no ingathering. One might think the turning of Tammuz, for it has ingathering; Scripture says "the feast of ingathering at the going out of the year," and elsewhere "the turning of the year," the turning that has a feast and ingathering and in which the year goes out. Which is this? This is the turning of Tishrei. "When you gather in your labors": you have in them only ingathering. From where that each and every kind has its own ingathering? Scripture says, "when you gather in your labors," each and every kind has its own ingathering. From here they said: on the first of Shevat is the New Year for the tree, the words of the House of Shammai; and the House of Hillel say, on the fifteenth of it. Every tree whose fruit budded before the fifteenth of Shevat belongs to the past year; after the fifteenth of Shevat, it belongs to the year to come.

"Three times [pe'amim]": one might think on every festival foot-journey; Scripture says "in the year." One might think at any time he wishes; Scripture says "pe'amim," and pe'amim means nothing other than appointed times, as it says, "the foot shall trample it, the feet of the poor, the steps [pe'amei] of the needy" (Isaiah 26:6). "Shall appear [yera'eh]": this excludes the blind man who cannot see. "Your males [zekhurkha]": this excludes women. "All your males": to include the minors. This is what the House of Hillel say: every minor who is able to hold his father's hand and go up from Jerusalem to the Temple Mount is obligated in the appearance. "[Before] the face of the Land": if you do all that is stated in the matter, then I turn away from all My affairs and occupy Myself with nothing but you. (23:18) "You shall not sacrifice upon leaven": I have heard only of one who sacrifices; from where do I learn one who dashes the blood and one who pours? Scripture says, "the blood of My sacrifice." From here they said: the one who slaughters, the one who dashes, the one who burns the fat, or one of the members of the company, if leaven the size of an olive was in the possession of one of them at the time of slaughter, they transgress a negative command. "My sacrifice": this is the Passover, and so it says, "you shall say, it is the sacrifice of the LORD's Passover" (Exodus 12:27). "The fat of My feast shall not remain until morning": from here they said the fats may be burned all night. Since we find with the most holy offerings that the time of their eating is the time of burning their fats, one might think the same for lesser holy offerings; Scripture says, "the fat of My feast shall not remain until morning." I have heard only of the fats of the festival-offering; from where the fats of the Passover? Scripture says, "the sacrifice of the feast of Passover shall not remain until morning" (Exodus 34:25), to include the Passover with the festival-offering; and the same applies to all the consumable portions, that if one left them overnight he transgresses a negative command. This is the rule: whatever has its permitting agents offered by day may be raised on the altar all night. Another interpretation: "first" is said here and "first" is said elsewhere (Numbers 18:12). One might think, just as "first" stated elsewhere means until one leaves over a portion, so "first" stated here means until one leaves over a portion; from where that if a person wishes to make his entire field firstfruits, he may? Scripture says, "the firstfruits of your ground." If so, why does it say "first"? To give them priority, that they should precede the heave-offering. "Your ground": this excludes the sharecropper. "Your ground": this excludes the robber. "You shall bring to the house of the LORD your God": this teaches that he is obligated in the care of bringing them until he brings them to the chosen house. "You shall not boil a kid": Rabbi Akiva says, wild animals and fowl are not from the Torah, for it says "you shall not boil a kid in its mother's milk" three times, excluding wild animals, fowl, and unclean cattle. Rabbi Yose the Galilean says, it is said, "you shall not eat any carcass" (Deuteronomy 14:21), and it is said, "you shall not boil a kid in milk"; that which is forbidden as carcass is forbidden to boil in milk; one might think fowl, which is forbidden as carcass, is forbidden to boil in milk; Scripture says "in its mother's milk," excluding fowl, which has no mother's milk. "You shall not boil a kid in its mother's milk": I have heard only of a kid in its mother's milk; from where a cow in its mother's milk? Scripture says "a kid in milk"; flesh in milk is forbidden in any case. "You shall not boil a kid" is said here and "you shall not boil" is said elsewhere (Exodus 34:26): one is for the prohibition of eating it, one for the prohibition of benefiting from it, and one for the prohibition of boiling it.

"And the LORD spoke to Moses, saying, speak to the children of Israel": you, not by means of an interpreter and not by means of a messenger.

"You shall keep My sabbaths" (Exodus 31:13). Why is this said? Because Scripture says, "You shall do no manner of work" (Exodus 20:10), I would know only of things forbidden as labor; things forbidden as rest (shevut) from where? Scripture teaches, saying "But you shall keep My sabbaths," to include the things forbidden as rest. It once happened that Rabbi Ishmael, Rabbi Akiva, and Rabbi Elazar ben Azariah were walking on the road, with Levi the Arranger and Rabbi Ishmael the son of Rabbi Elazar ben Azariah walking behind them, and this question was asked: From where do we know that the saving of a life overrides the Sabbath? Rabbi Ishmael would say: Behold, it says, "If a thief is found breaking in, and is struck so that he dies, there shall be no bloodguilt for him" (Exodus 22:1). It is doubtful whether he came to steal or came to kill. Now is this not an argument from minor to major: if the shedding of blood, which defiles the land and drives away the Divine Presence, overrides the Sabbath, how much more so should the saving of a life override the Sabbath! Rabbi Elazar ben Azariah says: If circumcision, which concerns only one of a person's limbs, overrides the Sabbath, how much more so the whole body! They said to him: From the place from which you derived it [comes the objection]: just as there it is certain, so here it must be certain and not doubtful. Rabbi Akiva says: Behold, it says, "You shall take him from My altar to die" (Exodus 21:14). If murder overrides the Temple service, which itself overrides the Sabbath, how much more so should the saving of a life override the Sabbath! Rabbi Yose the Galilean says: Behold, it says "surely [akh]" [a limiting word]: there are sabbaths on which you rest and there are sabbaths on which you do not rest. And Rabbi Shimon ben Menasya says: Behold, it says, "You shall keep the Sabbath, for it is holy to you" (Exodus 31:14): the Sabbath is handed over to you, and you are not handed over to the Sabbath. Rabbi Natan says: Behold, it says, "The children of Israel shall keep the Sabbath" (Exodus 31:16): profane one Sabbath on his behalf so that he may keep many sabbaths. "For it is a sign between Me and you" (Exodus 31:13) and not between Me and the nations of the world. "Throughout your generations": that the matter should be practiced for [all] generations. "To know": why is this said? Because it says "The children of Israel shall keep the Sabbath," I might understand that even a deaf-mute, an imbecile, and a minor are included; Scripture teaches, saying "to know": I spoke only of one who has knowledge. "I am the LORD who sanctifies you": in this world, a foretaste of the holiness of the world to come; this tells that the holiness of the Sabbath is a foretaste of the world to come. So it says, "A psalm, a song for the sabbath day" (Psalms 92:1), for the day that is wholly sabbath.

"You shall keep the Sabbath, for it is holy to you" (Exodus 31:14). This is what Rabbi Shimon ben Menasya says: the Sabbath is handed over to you, and you are not handed over to the Sabbath. "For it is holy to you": this tells that the Sabbath always adds holiness to Israel. Why is this one's shop closed? Because he keeps the Sabbath. Why is that one idle from his work? Because he keeps the Sabbath. And he thereby testifies before the One who spoke and the world came into being that He created the world in the six days of creation and rested on the seventh day. So it says, "You are My witnesses, says the LORD, and I am God" (Isaiah 43:10). "Those who profane it shall surely be put to death" (Exodus 31:14). Why is this said? Because it says, "Whoever does work on the sabbath day shall surely be put to death" (Exodus 31:15), we have heard the punishment but not the warning; Scripture teaches, saying, "The seventh day is a sabbath to the LORD your God; you shall do no manner of work" (Exodus 20:10). I would know only of punishment and warning for daytime work; punishment and warning for nighttime work from where? Scripture teaches, "Those who profane it shall surely be put to death." We have heard the punishment but not the warning; Scripture teaches, "The seventh day is a sabbath to the LORD"; the word "sabbath" need not be stated except to bring the night under the warning. These are the words of Rabbi Achi son of Rabbi Yoshiyah. Rabbi Yehudah ben Beterah says: If gentiles came to a city and Israelites profaned the Sabbath [in defense], one might think that Israel would say, since we have already profaned part of it, let the whole Sabbath be profaned; Scripture teaches, "Those who profane it shall surely be put to death": even for the blink of an eye, "those who profane it shall surely be put to death." "For whoever does work on it" (Exodus 31:14): until he does a complete labor. If one wrote a single letter in the morning and a single letter toward evening, or wove one thread in the morning and one thread toward evening, I might think he is liable; Scripture teaches, "For whoever does work on it," until he does a complete labor. "Shall be cut off": why is this said? Because it says, "Those who profane it shall surely be put to death," I would know only of one who acted deliberately with the warning of witnesses; one who acted deliberately by himself, from where? Scripture teaches, "shall be cut off," to include the one who acted deliberately by himself. "Shall be cut off": cutting off means nothing other than the ending of the soul. "That [soul]": when it acted deliberately, the words of Rabbi Akiva. "From the midst of its people": but its people are at peace.

"Six days work shall be done" (Exodus 31:15). Rabbi Ishmael says: one verse says "Six days work shall be done," and another verse says, "Six days you shall labor and do all your work" (Exodus 20:9). How can both verses stand? When Israel does the will of the Omnipresent, their work is done by others, as it says, "Strangers shall stand and feed your flocks" (Isaiah 61:5); and when Israel does not do the will of the Omnipresent, their work is done by themselves, and not only that, but even the work of others is done by them, as it says, "You shall serve your enemies whom the LORD will send against you, in hunger and in thirst" (Deuteronomy 28:48). "And on the seventh day is a sabbath of complete rest, holy to the LORD" (Exodus 31:15). Why is this said? Because it says, "These are the appointed times of the LORD, holy convocations" (Leviticus 23:4), one might think that just as the festivals are handed over to the court [to fix by the calendar], so too the Sabbath would be handed over to the court; Scripture teaches, "And on the seventh day is a sabbath of complete rest, holy to the LORD," the Sabbath is handed over to the Name and the Sabbath is not handed over to the court. So it says, "It is a sabbath to the LORD in all your dwellings" (Leviticus 23:3). "Whoever does work on the sabbath day" (Exodus 31:15): even the work of the Tabernacle. "Shall surely be put to death": I might understand by any form of death; Scripture teaches, "And the LORD said to Moses, the man shall surely be put to death; the whole congregation shall pelt him with stones" (Numbers 15:35), that is to say, by stoning.

"The children of Israel shall keep the Sabbath" (Exodus 31:16). This is what Rabbi Natan says: profane one Sabbath on his behalf so that he may keep many sabbaths. And Rabbi Elazar says: "to perform the Sabbath" refers to a matter in which a covenant was cut. And what is this? This is the covenant of circumcision. And Rabbi Elazar ben Perata says: From where do we know that whoever keeps a single Sabbath properly, Scripture credits him as though he made the Sabbath? Scripture teaches, "to perform the Sabbath throughout their generations, an everlasting covenant." And Rabbi [Yehudah the Prince] says: From where do we know that whoever keeps a single Sabbath properly, it is credited to him as though he made the Sabbath from the day the world was created until the dead live again? Scripture teaches, "to perform the Sabbath throughout their generations, an everlasting covenant." Another interpretation: "The children of Israel shall keep the Sabbath": that one must add from the profane to the holy. They give a parable about this: like a lion that rouses fear before it and behind it. Just as with a lion, which kills only in this world, people are wary of it for many miles before and behind, how much more so the Sabbath, which kills those who profane it both in this world and in the world to come! Rabbi Meir gives a parable: to what may the matter be compared? To one who guards an orchard. If he guards it from within, it is not guarded; if he guards it from outside, then it is guarded. So with the commandments: we must make a protective guard for them from outside. And some give another parable: as for a sword, its protection is only its sheath; as for these garments, their protection is only the chest; so too sabbaths and festival days, their protection is only the [surrounding] profane time. Rabbi Yitzchak says: If the cities of the Levites, for which there is no liability of being cut off nor of lashes, require open land outside them of two thousand cubits on every side, how much more so do sabbaths and festival days require open land before them and after them!

"Between Me and the children of Israel it is a sign forever" (Exodus 31:17), and not between Me and the nations of the world. "It is a sign forever": this tells that the Sabbath will never cease from Israel, because they gave themselves up for it. For everything for which Israel gave their lives endured in their hands, such as the Sabbath, circumcision, the study of Torah, and ritual immersion; because Israel gave their lives for them, they endured in their hands. And a matter for which Israel did not give their lives did not endure in their hands, such as the Temple, the [system of] laws, the sabbatical years, and the jubilees; because Israel did not give their lives for them, they did not endure in their hands. "For in six days the LORD made heaven and earth" (Exodus 31:17): did He rest from His labor, or also from judgment? Scripture teaches, "and was refreshed" (vayinafash): this tells that judgment is never suspended before Him, as it says, "Righteousness and justice are the foundation of Your throne" (Psalms 89:15), and it says, "Cloud and thick darkness surround Him" (Psalms 97:2). Another interpretation: "sabbath and was refreshed": He rested from the utterances of the work of creation, and all His desire was completed, which is as His soul and His heart; therefore it says "sabbath and was refreshed." Great is the Sabbath, for it is one of ten things concerning which a covenant was stated. The rainbow, as it says, "I have set My bow in the cloud, and it shall be for a sign of a covenant" (Genesis 9:13). Circumcision, as it says, "My covenant shall be in your flesh" (Genesis 17:13). The Sabbath, as it says, "to perform the Sabbath throughout their generations, an everlasting covenant." Idolatry [the prohibition of it], as it says, "You shall keep My covenant" (Exodus 19:5); Rabbi Akiva said: this is the covenant against idolatry. The study of Torah, as it says, "For according to these words I have made a covenant with you" (Exodus 34:27). The freeing of slaves, as it says, "I made a covenant with your fathers, that at the end of seven years you shall let go each his Hebrew brother" (Jeremiah 34:13). The priesthood, as it says, "an everlasting covenant of salt" (Numbers 18:19). The Levites, as it says, "that My covenant might be with Levi" (Malachi 2:4). The kingship of the house of David, as it says, "I have made a covenant with My chosen, I have sworn to David My servant" (Psalms 89:4). The land of Israel, as it says, "On that day the LORD made a covenant with Abram, saying, To your seed [I have given this land]" (Genesis 15:18). Great is the Sabbath, for an infant is not circumcised until a Sabbath has passed over him, as it says, "And at eight days old he shall be circumcised among you" (Genesis 17:12). Great is the Sabbath, for an offering is not brought until a Sabbath has passed over it, as it says, "and from the eighth day onward it shall be accepted" (Leviticus 22:27). Great is the Sabbath, for the priests are not fit for service until a Sabbath has passed over them, as it says, "Seven days shall the priest wear them" (Exodus 29:30). Great is the Sabbath, for the altar itself is not fit for service until a Sabbath has passed over it, as it says, "Seven days you shall make atonement for the altar" (Exodus 29:37). Great is the Sabbath, for the leper, the man and woman with a flux, the menstruant, the woman after childbirth, and one defiled by the dead do not merit to become pure unless a Sabbath has passed over them, for so it says of all of them, "seven days." Great is the Sabbath, for the mourner is not comforted until a Sabbath has passed over him, as it says, "and he made for his father a mourning of seven days" (Genesis 50:10). Great is the Sabbath, for when Israel was impoverished of the commandments, nothing stood for them except its merit. When they were brought low in the days of Ahab, it stood for them, as it says, "and they encamped opposite one another seven days" (1 Kings 20:29). And when they were brought low in the days of Elijah, it stood for them, as it says, "and it came to pass on the seventh" (1 Kings 18:44). And when they were brought low in the days of Joram, it stood for them, as it says, "so the king of Israel went, and the king of Judah, and the king of Edom, and they made a circuit of seven days' journey" (2 Kings 3:9). Great is the Sabbath, for it was given as the test by which to distinguish the true converts, for behold, [the prophet] singled out none of the six hundred and thirteen commandments except the Sabbath alone, as it says, "And the foreigners who join themselves to the LORD to serve Him and to love the name of the LORD, to be His servants, everyone who keeps the Sabbath and does not profane it, and holds fast to My covenant" (Isaiah 56:6). From here they said: an Israelite apostate who keeps his Sabbath in public, behold he is like an Israelite in every respect; and one who does not keep his Sabbath in public, behold he is like a gentile in every respect.

"Take heed, lest you make a covenant with the inhabitant of the land" (Exodus 34:12). This is a warning not to make a covenant with the worshippers of idolatry.

"For you shall tear down their altars" (Exodus 34:13). This is a positive commandment to destroy idolatry, and all that serves it, and all that is made for its sake.

"For you shall not bow down to another god" (Exodus 34:14). This is to render one liable for the act of bowing down, even when it is not the customary manner of that idol's worship.

"Lest you make a covenant with the inhabitant of the land, and they go astray after their gods and sacrifice to their gods" (Exodus 34:15). Since Scripture warned against eating from such a sacrifice, you may learn that the sacrifice itself is forbidden. From here the Sages said: the slaughter performed by a gentile yields carrion [neveilah], and it conveys ritual impurity by being carried.

"And you take of his daughters for your sons" (Exodus 34:16). Since Scripture warned against taking from them, you may learn that they are forbidden. And further on it says, "Neither shall you make marriages with them" (Deuteronomy 7:3).

"You shall make for yourself no molten gods" (Exodus 34:17). Behold, if a man eats from their sacrifice, he comes to take from their daughters, and they lead him astray, and he comes to serve idols. "You shall make for yourself" — not even for ornament. "You shall make for yourself no molten gods. The feast of unleavened bread you shall keep" (Exodus 34:18). From here the Sages said: whoever degrades the appointed festivals is as one who has attached himself to idolatry.

"The feast of unleavened bread you shall keep" (Exodus 34:18). This taught concerning the intermediate days of the festival [chol ha-mo'ed], that work is forbidden on them. Yet not every kind of work is forbidden on them, but only so that the day should not be like an ordinary weekday in every respect. "At the appointed time of the month of Aviv [spring]" (Exodus 34:18). One might think that when there is ripe spring grain you make the Passover, and if not, you do not make the Passover. Therefore the verse teaches, "The feast of unleavened bread you shall keep" — whether you have spring grain or you do not have spring grain. If so, what does the verse teach by saying "at the appointed time of the month of Aviv"? Scripture made it a sign for it. And from here we learn that they intercalate the year on account of the spring.

"Every firstborn that opens the womb is Mine" (Exodus 34:19). One might think this includes even a female. Therefore the verse teaches, "all your cattle that is male" (Exodus 34:19) — just as the firstborn of an animal is a male and not a female, so too the firstborn of a human is a male and not a female. "All your cattle" — one might think even a camel or a horse. Therefore the verse teaches, "the firstling of an ox or a sheep" (Exodus 34:19). This is a general statement and then a specification, and a general statement followed by a specification includes only what is in the specification. Another interpretation: Rabbi Yehoshua ben Korchah says, "Every firstborn that opens the womb is Mine" — this is a general statement. One might think even those belonging to others; therefore the verse teaches, "your cattle." One might think even that of a female; therefore the verse teaches, "male." One might think even that of a wild animal; therefore the verse teaches, "the firstling of an ox or a sheep." This is a general statement that requires the specification.

"And the firstling of a donkey you shall redeem with a lamb" (Exodus 34:20). "The firstling of a donkey" is stated twice, [teaching] that the one giving birth must be a donkey and the one born must be a donkey. "You shall redeem with a lamb" — a lamb in any case, whether male or female, whether unblemished or blemished, whether young or old. Another interpretation: "with a lamb" — not with a calf, not with a wild animal, not with a torn animal, not with a hybrid, not with a koy, and not with consecrated animals that became disqualified, for concerning them it is said, "as the gazelle and as the hart" (Deuteronomy 12:15): just as one does not redeem with a gazelle or a hart, so too one does not redeem with disqualified consecrated animals. Another interpretation: "you shall redeem with a lamb" — from where do we learn that if he has no lamb to redeem it with, he may redeem it with its value and give the money to the priest? The verse teaches "you shall redeem" in any case. The Torah did not say "a lamb" to be stringent upon him but to be lenient upon him, so that if he had a firstling donkey worth ten sela, he may redeem it with a lamb even worth a dinar. "You shall redeem with a lamb, and if you do not redeem it, then you shall break its neck" (Exodus 34:20). The commandment of redemption precedes the commandment of breaking the neck. "You shall break its neck" — breaking the neck is stated here, and breaking the neck is stated elsewhere (Deuteronomy 21:4): just as there it is with a cleaver and from behind and forbidden in benefit, so too here it is with a cleaver and from behind and forbidden in benefit. "All the firstborn of your sons you shall redeem" (Exodus 34:20). This tells that if a man had five sons from five wives and all were firstborn, he is obligated to redeem all of them. Another interpretation: "All the firstborn of your sons you shall redeem" — if the father transgressed and did not redeem him, when he grows up he is obligated to redeem himself. "All the firstborn of your sons you shall redeem, and none shall appear before Me empty" (Exodus 34:20). If a man had before him the redemption of his son and the burnt offering of appearance, and he does not have enough for this and enough for that, the redemption of his son takes precedence, as it is said, "All the firstborn of your sons you shall redeem," and afterward, "and none shall appear before Me empty."

"Six days you shall work, and on the seventh day you shall rest; in plowing and in harvest you shall rest" (Exodus 34:21). But were not plowing and harvest already included among all categories of work? Why then were they singled out? To tell you: just as plowing and harvest are distinct in that they are primary categories of labor [avot melachot] and one is liable for them on their own account, so too every other primary category of labor — one is liable for it on its own account. Another interpretation: "in plowing and in harvest you shall rest." Rabbi Shimon ben Elazar says: from the implication of "in plowing and in harvest you shall rest," you have a harvest that is a commandment, which overrides the Sabbath. And which is this? The harvesting of the omer. Rabbi Yishmael says: one might think that the plowing for the omer overrides the Sabbath; therefore the verse teaches "in plowing and in harvest" — a harvest whose time is fixed [overrides the Sabbath], excluding plowing, which has no fixed time. Rabbi Yehudah says: "in plowing and in harvest you shall rest" — plowing whose harvest is forbidden, this is the plowing on the eve of the Sabbatical year, and a harvest whose plowing is forbidden, this is the harvest after the close of the Sabbatical year. And Rabbi Shimon says: rest from plowing at the time of harvest, and rest from harvest at the time of plowing.

"And you shall observe the feast of weeks" (Exodus 34:22) — this is the feast of Atzeret [Shavuot]. "The firstfruits of the wheat harvest" — from here, that one does not bring firstfruits before Atzeret. "And the feast of ingathering at the turn of the year" (Exodus 34:22). And further on it says, "at the going out of the year" (Exodus 23:16). Which is the feast that has in it ingathering, and the turn [of the season], and the year going out in it? You must say this is Tishrei.

"Three times in the year" (Exodus 34:23) - the word "times" means nothing other than appointed seasons. "Shall all your males be seen" (Exodus 34:23) - this comes to include the small child. From here they said: every small child who is able to grasp his father's hand and go up from Jerusalem to the Temple Mount, his father is obligated to bring him up. "Before the Lord, the LORD" (Exodus 34:23) - "I am Lord over all who come into the world." One might think that you too are like the rest of them; therefore Scripture teaches "the God of Israel" (cf. Exodus 34:23). One might think He is your God alone; therefore Scripture teaches "before the Lord, the LORD." How can both be so? I am God over all who come into the world, yet My Name rests upon you in particular.

"For I will drive out nations before you... and no one shall covet your land" (Exodus 34:24). The Torah speaks against the evil inclination, so that Israel should not say: How can we leave our land and our houses and our fields and our vineyards and go up for the festival? Perhaps others will come and settle in our places. Therefore the Holy One, blessed be He, gave them assurance: "No one shall covet your land" when you go up to appear before Me. And not only that, but no one of the harmful creatures is given permission to harm you. There was an incident concerning one man who left his grain heap and came back and found lions surrounding it. And there was an incident concerning one man who left his chicken coop and came back and found wildcats torn open before them, fulfilling "No one shall covet your land."

"You shall not slaughter the blood of My sacrifice with leavened bread" (Exodus 34:25). The one who slaughters, the one who receives the blood, the one who dashes it, and the one who burns the portions - and likewise any one member of the eating-group - if there was in the possession of one of them an olive's-bulk of leaven at the time of the slaughtering of the Passover offering, they transgress a negative commandment. "And the sacrifice of the festival of Passover shall not remain overnight until morning" (Exodus 34:25). From here we learn that anyone who lets the sacrificial portions remain overnight transgresses a negative commandment.

"The first of the first fruits of your land" (Exodus 34:26). "First" is stated here, and "first" is stated elsewhere (Deuteronomy 26:2). Just as there it means the seven species, so here it means the seven species. "Your land" - this excludes the produce of a sharecropper and of a robber. "You shall bring to the house of the LORD your God" - this teaches that one is obligated to take care of them until he brings them to the chosen House. "You shall not cook a kid in its mother's milk" (Exodus 34:26). This comes to forbid cooking it; how much more so eating it. I have only a kid and its mother's milk; how do I know about an ox in milk? Scripture teaches "You shall not cook... in milk." Rabbi Isaac said: In three places it is written "You shall not cook a kid in its mother's milk" - one for its own matter, one for the matter of Torah, and one for the matter of tithes. For its own matter, what is written? "The first of the first fruits of your land" (Exodus 23:19), and after it is written "Behold, I send an angel before you" (Exodus 23:20). For the matter of Torah, what is written? "The first of the glory of your land," and after it is written "And the LORD said to Moses, Write down for yourself..." The Holy One, blessed be He, said to Moses: While the sandal is on your foot, crush the thorn - meaning, from "You shall not cook a kid in its mother's milk," write it down for yourself, and so on. For the matter of tithes, "You shall not cook a kid in its mother's milk" (Deuteronomy 14:21), and adjacent to it "You shall surely tithe" (Deuteronomy 14:22). He said to them: Do not cause Me to cook kids in their mothers' wombs, for if you do not occupy yourselves with Torah and bring out your tithes properly, I bring out one east wind and scorch them, as it is written "and blasted before it was grown up" (II Kings 19:26).

"And Moses assembled" (Exodus 35:1) - why is this said? Because it says "And let them make Me a sanctuary" (Exodus 25:8), I might hear that this applies whether on a weekday or on the Sabbath. How then do I uphold "Whoever profanes it shall surely be put to death" (Exodus 31:14)? As applying to all other kinds of labor except the work of the Tabernacle - or even the work of the Tabernacle? And how do I uphold "And let them make Me a sanctuary"? As applying to all the other days except the Sabbath - or even on the Sabbath? And logic would suggest: since the divine service is called service, and the things that enable the service are called service, if I have learned that the service overrides the Sabbath, then how much more so the things that enable the service should override the Sabbath. And a further inference: if the service, which comes only by the power of its enablers, overrides the Sabbath, then the enablers of the service, which the service comes only by their power - from where might one think that if the horn of the altar was damaged or the [knife] was damaged, he should repair them on the Sabbath? Therefore Scripture teaches: "And Moses assembled all the congregation of the children of Israel and said to them" - on a weekday and not on the Sabbath. "And he said to them, These are the things" (Exodus 35:1). Rabbi says: this comes to bring in the forty-less-one labors that were told to Moses by mouth.

"Six days shall work be done" (Exodus 35:2). This is what Rabbi Ishmael says: one verse says "Six days shall work be done," and another verse says "Six days you shall labor and do all your work" (Exodus 20:9). How are these two verses upheld? When Israel does the will of the Omnipresent, their work is done by others, as it says "And strangers shall stand and feed your flocks" (Isaiah 61:5); and when Israel does not do the will of the Omnipresent, their work is done by themselves, and not only that, but even the work of others is done by them, as it says "And you shall serve your enemies whom the LORD shall send against you" (Deuteronomy 28:48). "And the seventh day shall be holy to you" (Exodus 35:2). Why is this said? So that the priests should not say: since we are permitted in the Temple, we are permitted within the borders. Therefore Scripture teaches "the seventh day shall be holy to you" - holy to you, but for the Temple it is a weekday. "A Sabbath of solemn rest to the LORD" - it is handed over to the Name, not to the court. "Whoever does work on it shall be put to death" - on it, but not on it and on its fellow. If one wrote two letters, one on the Sabbath and one on the Day of Atonement, or wove two threads, one on the Sabbath and one on the Day of Atonement, I might hear he is liable for each separately; therefore Scripture teaches "Whoever does work on it shall be put to death" - on it, but not on it and on its fellow. Likewise, if the Sabbath and the Day of Atonement fall one after the other, and one did work at twilight between them, one might think he is liable; therefore Scripture teaches "Whoever does work on it" - until the day is fixed. I have only the principal labors and their derivatives, which are forbidden; from where do I know to forbid a rabbinic rest-measure? Scripture teaches "any work" (Exodus 20:10). One might think they are liable to a sin offering for violating a rabbinic rest-measure; therefore Scripture teaches "work" - for the defined labor they are liable, but they are not liable for a rabbinic rest-measure. From where do we know that buying and selling, lending, and deposits are called work? Scripture teaches "if he has not put his hand to his neighbor's goods" (Exodus 22:7, in the Hebrew). From where do we know that lawsuits, pleas, contestations, and all the acts of a court are called work? Scripture teaches "Benaiah and his sons were for the outside work over Israel, as officers and judges" (I Chronicles 26:29). From where do we know that betrothals and divorces are called work? Scripture teaches "But the people are many, and it is a time of heavy rain, and the work is not for one day or two" (Ezra 10:13). From where do we know that accounts are called work? As it says "And he went into the house to do his work" (Genesis 39:11).

"You shall kindle no fire" (Exodus 35:3). Why is this said? Because it says "In plowing and in harvest you shall rest" (Exodus 34:21) - rest from plowing in harvest time and rest from harvesting in plowing time. I have only that he rests from the eve of the seventh year into the seventh year; from the eve of the Sabbath into the Sabbath, from where? It is a logical inference: since the seventh year is for the sake of the Name and the Sabbath is for the sake of the Name, if I have learned that one rests from the eve of the seventh year into the seventh year, then one also rests from the eve of the Sabbath into the Sabbath. And a further inference: if the seventh year, for which the court does not impose death, is such that one rests from its eve into it, then the Sabbath, for which the court does impose death, all the more should one rest from its eve into it. One might think he is not permitted even to light his lamp, prepare his fire, or set his hot food to keep warm while it is still day; therefore Scripture teaches "You shall kindle no fire in all your dwellings on the Sabbath day" - on the Sabbath day you may not kindle, but you may kindle from the eve of the Sabbath into the Sabbath. Another interpretation: "You shall kindle no fire." Why is this said? Because it says "A continual fire shall be kept burning on the altar; it shall not go out" (Leviticus 6:6). I might hear this applies whether on a weekday or on the Sabbath. Therefore Scripture teaches "You shall kindle no fire in all your dwellings" - in your dwellings you may not kindle, but you may kindle in the Temple. A certain student of the students of Rabbi Ishmael said: "You shall kindle no fire." Why is this said? Because it says "And if a man has committed a sin worthy of death, and he is put to death" (Deuteronomy 21:22). I might hear this applies whether on a weekday or on the Sabbath. Therefore Scripture teaches "You shall kindle no fire in all your dwellings" - this refers to the seat of the court. Burning was included in the general rule; why was it singled out? To draw an analogy: just as burning is one of the four court-imposed deaths and does not override the Sabbath, so the other court-imposed deaths do not override the Sabbath. From here we learn that the court does not carry out punishments on the Sabbath. Rabbi Jonathan says: "You shall kindle no fire in all your dwellings." Why is this said? Because it says "And Moses assembled all the congregation of the children of Israel and said to them, These are the things" (Exodus 35:1) - I might hear he is not liable until he transgresses all thirty-nine principal labors; therefore Scripture teaches "In plowing and in harvest you shall rest." Or one might think he is liable only when he transgresses two; therefore Scripture teaches "You shall kindle no fire." Kindling was included in the general rule; why was it singled out? To draw an analogy: just as kindling is one of the thirty-nine principal labors and one is liable for it on its own, so for each of the other thirty-eight principal labors one is liable for each one on its own. And Rabbi Nathan says: "You shall kindle no fire." Why is this said? Because it says "Only that which every person must eat, that alone may be prepared for you" (Exodus 12:16). I might hear he is not permitted to light his lamp, prepare his fire, or set his hot food to keep warm; therefore Scripture teaches "You shall kindle no fire in all your dwellings on the Sabbath day" - on the Sabbath day you may not kindle, but you may kindle on a festival.