Jacob of Kefar Nibburaya Lashed for His Sabbath Circumcision Ruling

Midrash Tanchuma Buber, Chukat 15:4

And again Jacob the man of Kefar Nibburaya ruled in Tyre concerning a son of Israel who had relations with a gentile woman, and she bore him a son, that he should be circumcised on the Sabbath. Rabbi Haggai heard, sent, and had him brought. He said to him: From where do you derive this? He said to him: [From that which is written,] "And they declared their pedigrees after their families, by their fathers' houses" (Numbers 1:18). He said to those present: Lay him down that he may be lashed. He said to him: Shall a man who states a word of Torah be lashed? He said to him: You did not rule well. He said to him: From where? He said to him: Lie down and listen. He said to him: If one of the gentiles came to you in order to be converted on the Sabbath day, or on the Day of Atonement, does one profane the Sabbath on his account, or not? He said to him: One does not profane the Sabbath on his account [nor the Day of Atonement], but only for the son of an Israelite alone. He said to him: From where do you derive this? He said to him: "And now let us make a covenant with our God to put away all the wives and those born from them, etc." (Ezra 10:3). He said to him: From the received tradition you are lashing me? He said to him: It is written, "and let it be done according to the Torah" (ibid.). He said to him: From which Torah? He said to him: From that of Rabbi Yochanan, for Rabbi Yochanan said in the name of Rabbi Shimon ben Yochai: It is written, "Neither shalt thou make marriages with them: thy daughter thou shalt not give unto his son" (Deuteronomy 7:3) — why? "For he will turn away thy son from following Me, etc." (ibid. 7:4): your son who comes from an Israelite woman is called "your son," but your son who comes from a gentile woman is not called "your son," but rather "her son." He said to him: Strike your blow, for it was good to be lashed. Solomon said: I have understood all of these, and the section of the Red Heifer I have searched out, inquired into, and examined, but, "I said, I will be wise; but it was far from me" (Ecclesiastes 7:23).

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