Yalkut Shimoni on Torah Reader

One witness may not respond, whether in favor or against, according to the opinion of Rabbi Yosei bar Yehuda. He may respond in favor but not against. What is the reason for Rabbi Yosei bar Yehuda's opinion? It is derived from the fact that one witness may not respond in a capital case, as he does not respond to establish guilt but may respond in favor. The Rabbis disagree because it appears as if he is interfering with his testimony. And what do the Rabbis derive from the phrase "lamut, to death" (to death)? They apply it to include one of the disciples, as it is taught: One of the witnesses says, "I have something to teach regarding him in favor." How do we know that his words are not heard? The verse states, "ve-ed echad lo yaaneh, and one witness shall not answer" (one witness may not respond). How do we know that this includes one of the disciples who says, "I have something to teach regarding him in favor [or against]"? How do we know that his words are not heard? The verse states, "echad lo yaaneh, one shall not answer" (one may not respond). One witness may not respond in a capital case, but may respond in an oath case. The phrase "ve-ed echad, and one witness" (one witness) refers to a person who built his father's house. Wherever it says "ed, witness" (witness), it includes two witnesses until the verse explicitly singles out one witness. "In all your settlements" includes both in the land and outside the land. One might think that even cities of refuge should follow the same rules in both the land and outside the land, therefore it is stated "be-khol moshvoteikhem, in all your settlements" (in all your settlements) to teach that the courts operate in the land and outside the land, but cities of refuge are only applicable in the land.

The requirement of testimony applies to every strike that causes injury. How do we know that it also applies to a case of exile? The verse states, "Every strike shall be according to witnesses." Just as the testimony is required for physical blows, it is also required for the case of exile. How do we know the laws of exile and corporal punishment? The verse states, "Every strike that causes injury shall be according to witnesses." This implies that the witness must be qualified to testify. How do we know that even an unqualified witness is included? The verse states, "witness and witness," which means that both a qualified and an unqualified witness are included, as "witness and witness" is mentioned to include the judge.

"Do not accept ransom for the life of a murderer who is guilty of death; he must be put to death. Why should I have him? For the Merciful One said, 'You shall not accept a ransom in place of the life of a murderer; he shall be put to death.'" (Numbers 35:31) "Do not accept ransom for one who has fled to the city of refuge to return and live in the land before the death of the high priest; he must remain in exile. Why should I have him? For the Merciful One said, 'You shall not accept a ransom for one who has fled to his city of refuge, allowing him to return and live in the land before the death of the high priest; he must remain in exile.'" (Numbers 35:32) These two verses serve the same purpose: one refers to intentional killing and the other to unintentional killing, and both are necessary. How do we know that in the case of a person who is deserving of the death penalty, whose days are completed but he extends his stay and does not leave, or if he is bound and someone commits an act of violence against him, causing injury, how do we know that he is exempt? It is derived from the verse that says, 'You shall not accept ransom... to return' (Numbers 35:32), indicating that you shall not accept ransom to enable him to return. "Do not accept ransom for the life of a murderer." You do not accept ransom for the life of a murderer, but you do accept ransom for the limbs that are not restored. "Do not accept ransom for the life of a murderer." Why is it stated? Because it says, 'If ransom is imposed on him' (Exodus 21:30) or just as we grant redemption to those sentenced to death by the hands of Heaven, so too, we grant redemption to those sentenced to death by human hands. Therefore, it says, "Do not accept ransom..." (Numbers 35:32). Rabbi Yashiyah says: If someone went out [of the city of refuge] to be killed, and he injured others, he is liable. If others injured him, they are exempt from his body but not from his money. Or [this law applies] until his judgment is not yet complete; as it is stated, "Whoever is a murderer shall be put to death" (Numbers 35:30) until his judgment is complete, he is liable; once his judgment is complete, he is exempt. Rabbi Yonatan says: If someone went out [of the city of refuge] to be killed and another person came before him and killed him, the latter is exempt. Or [this law applies] until his judgment is not yet complete; as it is stated, "Whoever is a murderer shall be put to death" (Numbers 35:30) until his judgment is complete, he is liable; once his judgment is complete, he is exempt. "Do not accept ransom for one who has fled to the city of refuge." If someone intentionally caused the death [of the fleeing person], I understand that he should pay money and be expelled. Therefore, it is stated, "Do not accept ransom for one who has fled" (Numbers 35:32). "Do not accept ransom." This refers to a person who was obligated to be exiled, but the court declared to him, "Go and depart." One might think that he still has an obligation [to be exiled]; you say [this verse applies] to a soul in exile. "Do not accept ransom for one who has fled" includes a case where someone fled to a city of refuge, and the court declared to him, "Go and depart." One might think that he still has an obligation [to be exiled]; therefore, it is stated, "To return." This teaches [the law] regarding a person who was measured [by the court] and completed six cubits [of distance] while his [avenger] was pursuing him, and the court declared to him, "Go and depart." One might think that he still has an obligation [to be exiled]; it is therefore derived from the verse "To return."

"Do not deceive the land." This is a warning to deceivers. Alternatively, "Do not deceive the land" means, do not cause the land to become deceptive towards you. For blood will deceive. Rabbi Yashiyah says, using a wordplay, "It will cause wrath to be directed even towards the land." And concerning the land, there shall be no atonement. Why is it stated? Because it is said, "And they shall expiate their sin." This teaches that if an incident of the Golden Calf were to occur again, and afterward it is discovered who the killer is, I hear that we would exempt him. Therefore, it is stated, "And concerning the land, there shall be no atonement." And concerning the land, there shall be no atonement. Just as with a person, we hang the guilty one, so too with the calf, we hang it. "And do not defile the land." It is pure from defilement, while not all lands are pure from defilement. "Dwelling among the children of Israel." Can it mean within one hundred out of one thousand? Therefore, it is stated, "Dwelling among the children of Israel." And some say, within each and every tribe. And some say, within all the tribes. Rabbi Nehorai says, "For I am the Lord who dwells [could dwell] even in exile." Therefore, it is stated, "In the land." Or [alternatively], "In the land while you are in exile." Therefore, it is stated, "Dwelling among the children of Israel." At a time when the children of Israel are in the land and not when they are outside the land. "And do not defile the land." The Scripture reveals that the shedding of blood defiles the land and removes the divine presence. Because the shedding of blood brought the destruction of the Temple. There was an incident involving two priests who were equal in stature and ran to ascend the ramp together. One of them pushed his companion within four cubits and took a knife and stabbed him in the heart. Rabbi Tzadok came and stood on the steps of the Hall and said, "Hear me, our brothers, the House of Israel. It says, 'If a slain person be found fallen in the land...' Let us determine who is fit to bring the heifer to the sanctuary or the courtyards." They all burst into tears. And then the father of the infant came and said to them, "Our brothers, I have appeased you. My child is still a fluttering bird, and the knife has not become impure. This teaches you that the impurity of knives is more severe for Israel than the shedding of blood." And it also says, "Moreover, innocent blood has been shed." From here it is taught that due to the sin of shedding blood, the divine presence departs from Israel, and the sanctuary becomes impure."I, who dwell among them, hold dear the children of Israel. Even though they are impure, the divine presence remains among them, as it is stated, 'I dwell among them in their impurities.'" Rabbi Nathan says, "The children of Israel are beloved, for wherever they are exiled, the divine presence is with them." They were exiled to Egypt, and the divine presence was with them, as it is said, "I revealed Myself to the house of your father." They were exiled to Babylon, and the divine presence was with them, as it is said, "For your sake, I am sending to Babylon." They were exiled to Elam, and the divine presence was with them, as it is said, "And I will set My throne in Elam." They were exiled to Edom, and the divine presence was with them, as it is said, "Who is this coming from Edom?" And when they return, the divine presence returns with them, as it is said, "And the Lord your God will bring you back." It does not say "and He will return," but rather "and He will bring back." It also says, "With me from Lebanon, my bride." Rabbi says, based on a parable: A king said to his servant, "If you seek me, I will be with my children. As long as you seek me, I will be with my children." Similarly, it says, "The One who dwells among them in their impurities."

Indeed, the tribe of Benjamin used to speak [a coded language] (written in the hint of the year 775). There were no festive days for the Israelites like the fifteenth of Av and Yom Kippur. Regarding Yom Kippur, it is a day of forgiveness and atonement [the day the second tablets were given]. But why is the fifteenth of Av [considered special]? Rav Yehuda said, it is the day when the tribes were allowed to intermarry. What is the scriptural source for this? "This is the thing that the Lord has commanded concerning the daughters of Zelophehad." This matter only applies to this generation. Rav Nachman said, it was the day when the deaths in the desert ceased, as our Master said, as long as the deaths in the desert were not finished, there was no communication with Moses. As it is written, "And it came to pass when all the men of war had completely ceased to die." And it is written, "And the Lord spoke to me, saying, 'You have gone through enough of this.'"

Rabbi Yehuda said that Shmuel said: The daughters of Zelophehad were permitted to marry whomever they pleased, as it is stated, "Let them marry whomever is good in their eyes; they shall marry within the clan of their father" (Numbers 36:6). However, how do I reconcile this with the fact that I can only uphold it for their paternal family? The verse gives them good advice, that they should only marry someone suitable for them, and not cause the inheritance to be transferred (as it is written in a hint, Tishrei 5755). Rabbi Yochanan, in the name of Rabbi Yehuda bar Rabbi Shimon, said: According to the Torah, a woman inherits her son. The verse states, "And every daughter who inherits a portion shall marry within the tribe of her father" (Numbers 36:8). Just as the father's tribe, the father inherits his son, so too, the mother's tribe, the mother inherits her son. Rabbi Yochanan presented an objection: A woman inherits her son, and a woman inherits her husband. Yet, we do not inherit through women, but only through men. Rabbi Yochanan replied, "Since we have received the tradition, I do not know the reason for the distinction." Our Tanna, based on the Mishna, says that if we interpret it to mean that a woman inherits her son, then how do we determine which comes first, the son's inheritance or the daughter's inheritance from the mother's estate? Therefore, it is always interpreted that inheritance is through the male line. However, here it is different because it is written, "And every daughter who inherits, but does not inherit" (Numbers 36:8). The Tanna of Rabbi Yishmael's school of thought teaches that the daughters of Zelophehad were equal, as it is written, "And the daughters of Zelophehad were Mahlah, Noah, Hoglah, Milcah, and Tirzah" (Numbers 27:1). These are the mitzvot that a prophet is not authorized to innovate (mentioned at the end of the Book of Kohanim).

this good mountain and the Lebanon. Everyone called it ‘mountain.’ Avraham called it mountain, as it says “On the mountain, the Lord will be seen.” (Bereshit 22:14) David called it mountain, as it says “Who will ascend upon the Lord's mountain…” (Tehillim 24:3) Isaiah called it mountain, as it says “And it shall be at the end of the days, that the mountain of the Lord's house shall be firmly established at the top of the mountains…” (Yeshayahu 2:2) The nations called it mountain, as it says “And many peoples shall go, and they shall say, "Come, let us go up to the Lord's mountain…” (ibid 2:3) Levanon refers to the Holy Temple, as it says “You are [as] Gilead to me, O head of the Levanon…” (Yirmiyahu 22:6) and it says “…and the Levanon shall fall through a mighty one.” (Yeshayahu 10:34) And why is it called Levanon? Because it bleaches (malbin) the sins of Israel like snow, as it says “If your sins prove to be like crimson, they will become white as snow…” (Yeshayahu 1:18)

Pray let me cross over. The word nah indicates that this is a request. the good land that is on the other side of the Jordan. This is what R’ Yehudah meant when he said that the land of Canaan is good, but not the portion of the children of Reuven and Gad (which was on the east side of the Jordan river). this good mountain. This refers to Jerusalem. And the Lebanon. This refers to the Holy Temple, as it says “Open your doors, O Lebanon…” (Zechariah 11:1) There are those who say that the Lebanon refers to the appointing of a king. Pray let me cross over (e’evrah nah) and see. Everything which Moshe requested he did with a language of supplication (nah) - “Please forgive…” (Bamidbar 14:19), “…I beseech you, God, please heal her.” (Bamidbar 12:13) “Pray let me cross over…” (Devarim 3:25) the mountain. This refers to the Holy Temple, as it says “…for the mountain that God desired…” (Tehillim 68:17) Good. This refers to Jerusalem, as it says “…let us be sated with the goodness of Your house…” (Tehillim 65:5) The Lebanon. This refers to the Holy of Holies, as it says “Open your doors, O Lebanon…” (Zechariah 11:1) R’ Simlai expounded: why did Moshe our teacher desire to enter into the land of Israel, did he need to eat its fruits or be sated from its goodness? Rather, this is what Moshe said ‘I gave many commandments to Israel which cannot be fulfilled except in the land. I will go in in order that they all be fulfilled at my hands.’ The Holy One said to him ‘if all you are asking for is to receive the reward for these actions, I will consider it as if you had done all of these commandments, as it says “Therefore, I will allot him a portion in public…” (Yeshayahu 53:12) I will give him his full reward.’ Maybe you will say this is like the latter ones and not the earlier ones? The verse continues “…and with the strong he shall share plunder…” (ibid.) Like Avraham, Yitzchak and Yaakov who were strong in Torah and fulfilling commandments. “…because he poured out his soul to death…” (ibid.) He gave himself over to death, as it says “…if not, erase me now from Your book, which You have written.” (Shemot 32:32) “…and with transgressors he was counted…” (Yeshayahu 53:12) He was counted with the generation that died in the wilderness. “…and he bore the sin of many…” (ibid.) He gained atonement for the sin of the Golden Calf. “…and interceded for the transgressors.” (ibid.) He pleaded for mercy on the behalf of the sinners in Israel that they should repent. Intercession (pegiya) refers to prayer, as its says “And you, pray not on behalf of this people, neither lift up cry nor prayer, and entreat Me not for I will not hear you.” (Yirmiyahu 7:16)

Another explanation: And you will quickly perish (Deuteronomy 11:17) — exile after exile. And thus do you find with the ten tribes, exile after exile. And thus do you find with the tribes of Judah and Benjamin, exile after exile: They were exiled in the seventh [year] of Nebuchadnezzar, in the eighteenth [year], and in the twenty-third [year] (viz. Jeremiah 52:28). Rabbi Yehoshua ben Karcha says, "[There is a relevant] parable of robbers who enter one's field and cut down his standing grain, and he does not protest. They cut down his sheaves, and he does not protest — until they fill up their tubs and leave. And thus does it say, For there is no weariness to him that is set against her; at the first, he lightly afflicted the land of Zevulun, and the land of Naftali, and afterward he afflicted her more grievously (Isaiah 8:23)." Rabbi Shimon ben Yochai says, "Now if those of whom it stated, quickly, were not exiled quickly but rather only after [the passage of much] time, how much more so with those of whom, quickly, was not written, etc."

Another explanation: And you will quickly perish (Deuteronomy 11:17) — even though I am exiling you from the land [of Israel], be marked by the commandments, so that when you return, they will not be new to you. It is as Jeremiah said (Jeremiah 31:21), Set up signposts (tziyunim) for yourselves": These are the commandments, through which Israel are marked (metzuyanim). Make high heaps for yourself: [reminiscent of] the destruction of the Temple, as it states (Psalms 137:5), If I forget you, O Jerusalem, etc. (Jeremiah, Ibid.) Set your heart to the road, the way on which you came.: The Holy One, blessed be He, said to them, "My children, give heart to the ways in which you walked, and repent, and immediately you will return to your cities, as it is stated, Repent, O virgin of Israel — Return to these, your cities!"

... “For you have not yet come…” (Devarim 12:9) this was said in order to permit private altars between the ‘resting place’ and the ‘inheritance’, because the resting place refers to Shiloh and the inheritance is Jerusalem. Why did the verse mention them separately? To permit private altars between the two. Inheritance refers to Jerusalem, as its says “My inheritance was to Me like a lion in the forest…” (Yirmiyahu 12:8) and it says “Is My inheritance to Me a speckled bird of prey?” (Yirmiyahu 12:9) These are the words of R’ Yehudah. R’ Shimon says the resting place is Jerusalem and the inheritance is Shiloh, as it says “This is My resting place forever; here I shall dwell for I desired it,” (Tehillim132:14) and it says “For the Lord has chosen Zion; He desired it for His habitation.” (Tehillim 132:13) The opinion that the resting place is Shiloh makes sense, that is why the verse says ‘to the resting place and to the inheritance.’ But according to the opinion that says that the inheritance is Shiloh and the resting place Jerusalem, it should have said ‘to the inheritance and to the resting place’! That is a difficulty. The opinion that both refer to Shiloh makes sense, because ‘the resting place’ where they ceased from the conquest and ‘the inheritance’ is where they divided tribal portions, as it is written “And Yehoshua cast lots at Shiloh before the Lord; and there Yehoshua divided the land…” (Yehoshua 18:10) But according to the opinion that both refer to Jerusalem ‘the inheritance’ is the eternal inheritance, but ‘the resting place’…? What does the resting refer to? The resting of the ark, as it is written “And now, arise, O Lord God to Your resting place, You and the Ark of Your might…” (Divre HaYamim II 6:41) The opinion that both refer to Jerusalem makes sense, because while the Tabernacle was at Shiloh private altars were permitted, as it is written “And Manoah took the kid goat and the meal-offering, and offered it upon the rock to the Lord…” (Shoftim 13:19) But the according to the opinion that both refer to Shiloh, then private altars were forbidden while the Tabernacle was there and how do we understand Manoah’s act? It was a temporary injunction. The House of R’ Yishmael taught like the opinion of R’ Shimon bar Yochai that both refer to Jerusalem, and your sign is: one man pulled many to him…