Mekhilta DeRabbi Yishmael Reader

R. Shimon says: Why do (the mitzvoth of) adjudication take precedence over all the mitzvoth of the Torah? For when there is litigation between a man and his neighbor, there is strife between them. Once the ruling has been given, there is peace between them. And thus did Yithro say (Exodus 18:23) "If you do this thing (i.e., if you provide for adjudication) … then all this people will come to their place in peace."

"My people": If an Israelite and a gentile stand before you to borrow, "My people" take precedence. A poor man and a rich man — the poor man takes precedence. Your poor (i.e., the poor of your family) and the poor of your city" — your poor take precedence. The poor of your city and the poor of a different city — the poor of your city take precedence. Thus, "the poor man with you" (i.e., closest to you). "Do not be as a creditor to him": Do not appear to him, (obviously, to collect the money) at all times.

(Ibid.) "And chamushim did the children of Israel go up from the land of Egypt": "chamushim" indicates "armed," as in (Joshua 1:14) "Then you shall cross over chamushim" (in context, "armed"), and (Ibid. 4:12) "And the children of Reuven and the children of Gad and half the tribe of Menasheh crossed over chamushim … (13) forty thousand armed men, etc." Variantly: "chamushim went up from the land of Egypt" — one out of five (['chammishah'] who had been there). Others say: one out of fifty ('chamishim'). Other says: one out of five hundred ('chamesh me'oth').

And whence do we find that he gave his life for Torah? In (Exodus 34:28) "And he was there with the L–rd (to receive the Torah) … Bread he did not eat, etc." And it is written (Devarim 9:10) "And I stayed on the mountain forty days and forty nights, etc." — Because he devoted his life to Torah, it was called by his name. Because he devoted his life to Israel, they were called by his name, viz. (Exodus 32:7) "Go, descend, for your people have wrought corruptly."

Now are they not the people of the L–rd? viz. (Devarim 9:29) "For they are Your people and Your inheritance," and (Ezekiel 36:20) "… when it was said of them: These are the people of the L–rd, and they came out of His land." How, then, are we to understand "Go, descend, for your people have wrought corruptly"? Because he devoted his life to them, they were called by his name. And whence do we find that he devoted his life to them?

In (Exodus 2:11) "And it was in those days that Moses grew, and he went out to his brothers and he saw their toils," and (bid. 12) "And he turned here and there (… and he smote the Egyptian, etc.") Because he devoted his life to them, they were called by his name.

R. Akiva said: This was told to me by Rabbeinu Hakadosh (Rebbi): There was a man in Eretz Yisrael called "Merutah" ("torn"). Once he climbed a hill to collect wood, and he saw the snake, but the snake did not see him, when at once the hair of his head fell out and he had no hair until the day of his death — wherefore he was called Merutah."

(II Chronicles 24:25) "and when they left him (Yoash) — for they left him with many wounds — his servants rebelled against him because of the blood of the sons of Yehoyada the Cohein, and they killed him on his bed and he died."

(Exodus 21:2) "If you buy a Hebrew man-servant": Scripture here speaks of one sold by beth-din (to pay for what he has stolen), in which instance he serves both the father and the son. But perhaps it speaks of one who sells himself (because of poverty)? (This is not so, for (Leviticus 25:39) "And if your brother grows poor with you, and he is sold to you" speaks of one who sells himself. How, then, am I to understand "If you buy a Hebrew man-servant"? As referring to one who is sold by beth-din because of his theft, that he serves the master and his son.

"Do not impose interest upon him": What is the intent of this? (Leviticus 25:37) "Your money you shall not give him on interest" is an exhortation to the lender. Whence do we derive (the same for) the borrower? From (Ibid. 36) "You shall not take from him interest."

(Exodus 12:1) "in the land of Egypt":(He spoke to them) outside the city. But perhaps in the city itself? (This cannot be, for it is written (Exodus 9:29) "When I leave the city" (I shall pray). Now does this not follow a fortiori, viz.: If prayer (that of Moses to the L–rd) — the lesser — was only outside the city, then speech (that of the L–rd to Moses) — the greater — how much more so (was it not spoken in the city)! And why did He not speak with him in the city? For it was full of abominations (of idolatry)!

R. Nehorai says: I swear: Not one in five hundred went up. For it is written (Ezekiel 16:7) "(In Egypt) I made you as numerous as the plants of the field," and (Exodus 1:7) "And the children of Israel were fruitful, and teemed, and multiplied, and became exceedingly strong, and the land was filled with them" — a woman would bear six in one birth — and you say one in five hundred went up! Not one in five thousand, many of the Jews having died in Egypt. When? In the three days of darkness, of which it is written (Exodus 10:23) "One man did not see another." They (the Jews) were burying their dead, and they gave thanks and praise to the Holy One Blessed be He that their foes did not see and rejoice in their downfall.

He devoted his life to the judges, and they were called by his name, viz. (Devarim 16:18) "Judges and officers shall you appoint for yourself in all of your gates." Now is justice not the L–rd's? How, then, are we to understand "shall you appoint for yourself"? Because he devoted his life to them, they were called by his name. And whence is it derived that he devoted his life to them? From (Exodus 2:13-17) "And he went out on the second day … and he said "Who made you an officer and a judge over us? … And Pharaoh heard … And the priest of Midian had seven daughters … And the shepherds came and drove them away. Because he devoted his life to them, they were called by his name.

(Exodus 15:22) "and they went in the desert for three days without finding any water": R. Yehoshua says: This is to be taken literally. R. Elazar says: Wasn't there water under the feet of the Israelites, the earth floating on water, viz. (Psalms 136:6) "He spread the earth over the water"? (i.e., they could dig for it). What, then, is the intent of "without finding any water"? — (He made them dig) in order to weary them (to test their faith).

"and warred with Israel in Refidim": R. Chaninah said: I asked this of R. Elazar in the Great College. How is "Refidim" to be understood? He answered: as is (i.e., as a place name). R. Chanina said further: I asked R. Elazar: Why are the first-born of asses (especially) to be redeemed, and not those of horses or of camels? It was an exigency of the time, for at that time they had only asses, there being no Israelite who did not bring up with him ninety asses laden with silver and gold.

(Ibid.) "If you buy (lit.,) a servant Hebrew": Is Scripture speaking of a servant who is a Hebrew, or the servant of a Hebrew? And how am I to understand (Leviticus 25:46) "And you shall hold them as an inheritance for your sons after you, etc."? As referring to (a gentile servant) bought from a gentile; but if he were bought from a Jew, (I would say that) he serves six years and goes free on the seventh. It is, therefore, written (Devarim 15:12) "If there be sold to you (by beth-din for his theft) your brother, the Hebrew man or the Hebrew woman, etc." Let it not be written "Hebrew man" or "Hebrew woman," for it is already written "your brother."

And before the land of Israel was chosen, all of the lands were kasher for speech. Once it was chosen, all other lands were excluded. Before Jerusalem was chosen all of Eretz Yisrael was kasher for altars. Once it was chosen, the rest of Eretz Yisrael was excluded. As it is written (Devarim 12: 13-14) "Take heed unto yourself lest you offer your burnt-offerings … but in the place that the L–rd shall choose."

(Exodus 13:19) "And Moses took the bones of Joseph with him": This apprises us of the wisdom and saintliness of Moses. All of Israel were occupying themselves with the spoils (of Egypt), and Moses was occupying himself with the mitzvah of the bones of Joseph. Of him it is written (Mishlei 10:8) "The wise of heart will take mitzvoth." And how did Moses know where Joseph was buried?

It was said: Serach the daughter of Asher was left of that generation, and she showed Moses the grave of Joseph, saying to him: In that spot did they place him. The Egyptians made a metal casket for him and sank it in the Nile. (Moses) thereupon stood at the Nile, threw a stone into it, and shouted: "Joseph, Joseph, the oath that the Holy One Blessed be He swore to our father Abraham that He would redeem His children, has materialized.

Accord honor to the L–rd, the G–d of Israel, and do not delay our redemption, for it is on your behalf that we are delayed. If you reveal yourself, good; if not we are absolved of your oath (to take your bones with us)" — whereupon Joseph's casket rose to the surface and Moses took it.

The ninth (song): (II Chronicles 20:21) "And he (Yehoshafat) took counsel with the people, and he set up singes to the L–rd and lauders of (His) majestic holiness. When they went out before the vanguard (of the army) they said; 'Give thanks to the L–rd, for His lovingkindness is forever!'" Why is this thanksgiving different from all the other sin the Torah, where it is written "Give thanks to the L–rd for (the good, for His lovingkindness is forever"? — It is to say, as it were, that there is no rejoicing before Him over the destruction of the wicked. If over that of the wicked there is no rejoicing, how much more so (is there grief) over that of the righteous, one of whom is over and against the entire world, viz. (Mishlei 10:25) "And the righteous one is the foundation of the world."

Others say: The water that Israel had taken in their vessels between the clefts (in the Red Sea) gave out at that time. What is the intent, then, of "without finding water"? Even in their vessels, as in (Jeremiah 14:3) "Their nobles sent their youths for water. They came to the cisterns, but found no water. They returned, their vessels empty."

Others say: "Refidim" is acronymic for "rifyon yadayim" ("weakness of hands"). Because the hands of Israel had weakened in Torah study, the foe came upon them, this transpiring only because of "weakness of hands" in Torah study, viz. (II Chronicles 12:1) "And it was, when the kingship of Rechavam was firmly established, and he grew strong that he abandoned the Torah of the L–rd, he and all of Israel with him."

What was the punishment for this? (Ibid. 2) "Shishak the king of Egypt came up against Jerusalem … (9) "and he took the treasures of the house of the L–rd" (and he returned them to Egypt). And this (i.e., the treasures, etc.) was one of the three things that "returned to their place": the exile of Judah, viz. (Joshua 24:2) "Beyond the river (Euphrates, i.e., in Bavel) did your forefathers dwell," and (Ezra 5:12) "He (Nevuchadnezzar) destroyed this house (the Temple) and exiled the people to Bavel;"

Why is it written? It is deliberately superfluous to signal a gezeirah shavah (i.e., "identity"), viz.: It is written here (in Exodus) "Hebrew," and there (in Devarim) "Hebrew." Just as there, "Hebrew" refers to the servant (and not to the master); here, too, "Hebrew" refers to the servant (and not to the master). And though there is no proof for this (i.e., that "servant Hebrew" is to be understood as "a servant who is a Hebrew" (and not as "the servant of a Hebrew"), there is support for it, viz. (Exodus 5:3) "The G–d of the Hebrews revealed Himself to us" — (the G–d) of "Avram the Hebrew" (Genesis 14:13).

From here they adduced: One who lends on interest is guilty of five transgressions: "You shall not give," "You shall not take," "You shall not impose interest upon him," "You shall not be as a creditor to him," (Leviticus 19:14) "You shall not place a stumbling block before the blind man." Just as the lender and the borrower transgress, so, the guarantor, the witnesses, and the scribe. R. Meir excludes the scribe.

Before the Temple was chosen, all of Jerusalem was fit for (the reposing of)) the Shechinah. Once the Temple was chosen, (the rest of) Jerusalem was excluded. As it is written (Psalms 132:13-14) "For the L–rd has chosen Zion … This is My resting place forever."

And do not wonder at this phenomenon. For it is written (II Kings 6:5-6) "As one of them was felling a tree, the ax blade fell into the water, and he cried out 'Alas, master, (Elisha); it was borrowed!' And the man of G–d said: 'Where did it fall?' And he showed him the place and he (Elisha) cut off a stick and threw it there, and the iron floated." Now does this not follow a fortiori, viz.: If iron floated for Elisha, the disciple of Eliyahu, how much more so for Moses, the master of Eliyahu!...

The tenth (song) in time to come, viz. (Isaiah 42;10) "Sing to the L–rd a new song, His praise from the end of the earth (Ibid. 48:42) "Say: The L–rd has redeemed His servant Jacob. All of the (other) songs are denominated in the feminine ("zoth"). Just as a female bears (and then travails again), so, the past salivations were followed by subjugation. But the future (ultimate) redemption will not be followed by subjugation — wherefore it is denominated in the masculine ("zeh" [viz. Isaiah 26:1]).

As it is written (Jeremiah 30:6) "Ask now and see if a male has ever given birth. Why, then, do I see that every man puts his hands upon his loins (as a woman giving birth?") For just as a male does not bear (and thus travail), so, the future redemption will not be followed by subjugation. As it is written (Isaiah 45:17) "Israel will be saved by the L–rd, an eternal salvation. You will not be ashamed or abashed forever."

The expounders of metaphors said: They did not "find" words of Torah, which are compared to water. Where is this seen? (Isaiah 55:1) "Ho! all who thirst, go to the waters!" Because they separated from words of Torah for three days, they rebelled — wherefore the prophets and the elders instituted that they read in the Torah on Sabbath, Monday, and Thursday. How so? They read on Sabbath and pause on Sunday; they read on Monday and pause on Tuesday and Wednesday; they read on Thursday and pause on Friday (so that they do not go three consecutive days without reading Torah.)

the writ of Heaven, (i.e., when Moses broke the tablets, the letters returned to Heaven), viz. (Mishlei 23:5) "If you turn your eyes from it (Torah) it is gone … and flies to Heaven"; the wealth of Egypt (as above).

(Exodus 19:1) "On this day they came to the desert of Sinai": It was Rosh Chodesh.

(Ibid. 13) "for it is a sign between Me and you": and not between Me and the peoples of the world. "for your generations": to be observed throughout the generations. "to know that I, the L–rd, sanctify you": What is the intent of this? From (Ibid. 16) "And the children of Israel shall keep the Sabbath," I might think, even a deaf-mute, an imbecile, and a minor. It is, therefore, written "to know that I, the L–rd, etc." I spoke only of one who has knowledge (to internalize this.)

Before Aaron was chosen, all of Israel were kasher for the priesthood. Once he was chosen, the rest of Israel were excluded. As it is written (Numbers 18:19) "An everlasting covenant of salt is it (the priesthood) before the L–rd for you (Aaron) and for your sons," and (Numbers 25:13) "And it shall be unto him and to his seed after him the covenant of an everlasting priesthood."

(Exodus 15:1) "to the L–rd": They sang it to the L–rd, and not to flesh and blood as (they did) in (I Samuel 18:6) "And all the (rejoicing) women went out, etc." But here, they sang it to the L–rd, and not to flesh and blood.

(Exodus 15:23) "And they came to Marah": R. Yehoshua says: Israel came to three places at that time, viz. "And they came to Marah." R. Elazar Hamodai says: They came to only one place. (The above requires elaborate commentary, which is beyond the scope of this translation.)

(Ibid. 2) "And they journeyed from Refidim and they came to the desert of Sinai": Is it not already written (Ibid. 1) "they came to the desert of Sinai"? — Their journeying from Refidim is being likened to their coming to the desert of Sinai. Just as the latter was in a state of repentance, so, the former.

(Exodus 22:25) "Im chavol (lit., "bundle") tachbol": R. Yishmael says: Scripture here comes to teach you that if you do mitzvoth, you will take (the reward) that is yours, (midrashically: "If you 'bundle' (mitzvoth), you will have 'bundles.'")

"that I, the L–rd, sanctify you": in the world to come, as with the sanctity of Sabbath in this world — whence we derive that the sanctity of Sabbath is of a kind with that of the world to come. And thus is it written (Psalms 92:1) "A psalm, a song for the day of Sabbath" — for the world which is all Sabbath.

Before David was chosen (as king) every Israelite was kasher for kingship. Once David had been chosen, the other Israelites (i.e., those not in his line) were excluded. As it is written (II Chronicles 13:5) "Is it not for you to know that the L–rd, the G–d of Israel, has given over the kingdom to David, to him and to his sons?" If you would contend: But the L–rd did speak with the prophets outside the land, (I would answer:) Though He spoke with them outside the land, He did so only in the merit of the fathers. As it is written (Jeremiah 31:15-17) "Thus said the L–rd: A voice is heard in Ramah … Thus said the L–rd: Keep your voice from weeping, and all your eyes from tears … And there is hope for your future, says the L–rd, etc."

To teach us that as one metes it out to others, so is it meted out to him. Miriam waited a short time for Moses, viz. (Ibid. 2:4) "And his sister stood from afar to know what would be done with him" — and the L–rd held back for her in the desert the ark, the Shechinah, the Cohanim, and the Levites and all of Israel for seven days with the seven clouds of glory, viz. (Numbers 12:15) "And the people did not travel until Miriam was gathered back."...

Joseph merited to bury his father, and there was none among his brothers greater than he, viz. (Genesis 50:7) "and Joseph went up to bury his father," (9) "and there went up with him both chariots and horsemen" — Who was there among us as great as Joseph, who was attended only by Moses!... Moses occupied himself with the bones of Joseph, there being none in Israel greater than he (Moses), viz. "And Moses took the bones of Joseph with him."

Who was there among us greater than Moses, who was attended by the Shechinah Himself, viz. (Devarim 34:6) "And He buried him in the valley."

(Exodus, Ibid.) "And they said, saying": R. Nechemiah says: The Holy Spirit reposed upon them and they intoned song as one reciting the Shema (i.e., one, beginning, and the other continuing).

(Ibid. 24) "And the people caviled against Moses, saying: 'What shall we drink?'" R. Yehoshua says: They should have taken counsel with their leader (Moses) first as to what they should drink. Instead, they took him to task. R. Eliezer Hamodai says: Israel were "conversant" in complaining against Moses — and not only against Moses, but also against the Omnipotent!

Variantly: Their coming to the desert of Sinai is being likened to their journeying from Refidim. Just as in their journeying from Refidim, they angered the L–rd for a short time, repented, and were accepted, so, in their coming to the desert of Sinai.

R. Eliezer says: This (inclusion) is not needed. If a Jew serves, how much more so a proselyte! — But perhaps (I would say) If a Jew serves six years, a proselyte should serve twelve years. Would you say this? "It suffices that the object of an a fortiori argument, (in this instance, a proselyte,) be like the subject" (a Jew), viz. Just as a Jew serves six (years), so, a proselyte. Because it is written (Exodus 22:2) "If he lacks it, he is to be sold for his theft," I might think (that he is sold) forever; it is, therefore, written "six years shall he serve," Scripture hereby apprising us that he serves for six years and goes free on the seventh.