Divine justice

1,478 texts · Page 17 of 31

How the rabbis wrestled with the problem of suffering, the prosperity of the wicked, and the justice of God.

Rebbi says — There is "death" at the hands of Heaven and

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

Rebbi (Rabbi Yehudah HaNasi) drew a profound parallel between divine punishment and human punishment. "There is 'death' at the hands of Heaven and 'death' at the hands of man," he ...

From here they ruled — The mitzvah of strangulation—They

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

The Mekhilta records the precise procedure for carrying out the judicial penalty of strangulation — one of the four methods of capital punishment prescribed by Torah law. Far from ...

It follows a fortiori, viz

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

The Mekhilta DeRabbi Yishmael presents a classic a fortiori argument, known in rabbinic logic as kal va-chomer, "from the light to the heavy." This particular kal va-chomer address...

Rebbi says — There is "death" at the hands of heaven and - Mekhilta Tractate Nezikin 5 — 18

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

This passage, appearing in Mekhilta Tractate Nezikin 5:18, restates the teaching of Rebbi (Rabbi Yehudah HaNasi) that appears earlier in the same tractate: "There is 'death' at the...

Iddi says — Since Scripture states "Swear" and "Do not

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

R. Chanina b. Iddi says: Since Scripture states "Swear" and "Do not swear," "Curse" and "Do not curse," since swearing is by the Name, so, not swearing is by the Name (i.e., "Do no...

Nathan says — Stone is being likened to fist, and fist to stone

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

Rabbi Nathan analyzed the Torah's laws about lethal weapons with a precise analogy: stone is compared to fist, and fist is compared to stone. This mutual comparison, drawn from the...

then the striker shall be absolved" — I might think that he

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

The Torah addresses a grim scenario: one person strikes another, and the victim's survival is uncertain. The verse states that if the injured party recovers, "the striker shall be ...

But perhaps just as there is no distinction in ripui

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

The Mekhilta explores a subtle legal distinction between two types of compensation: ripui (medical expenses) and sheveth (work-disability payment). When it comes to medical expense...

Eliezer says — Scripture speaks of a Canaanite (as opposed

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

R. Eliezer says: Scripture speaks of a Canaanite (as opposed to a Hebrew) man-servant. You say this, but perhaps it speaks of a Hebrew? (This is not so, for) it is written here "hi...

Now if (in the killing of) an Israelite, the graver

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

Now if (in the killing of) an Israelite, the graver (instance), not being subject to (the provision of [(Exodus 21:21)]) "But if one or two days," he is not liable unless it be wit...

vengeance shall be taken" — "Vengeance" connotes death

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

"Vengeance shall be taken" — the Torah declares this regarding a master who kills his bondservant. But what does "vengeance" mean in legal terms? The Mekhilta identifies it as deat...

Rebbi says; "nefesh for nefesh" — Money is intended

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

Rebbi — Rabbi Yehudah HaNasi — taught that "nefesh (the vital soul) for nefesh" — "a life for a life" — means monetary compensation, not literal execution. The Torah is requiring t...

an eye for an eye" money

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

"An eye for an eye" — the Mekhilta states flatly that this means money. Monetary compensation, not literal blinding. But the text anticipates resistance to this reading: perhaps an...

(Exodus 21 — 25) "A burn for a burn" — If you say (the meaning

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

(Exodus 21:25) "A burn for a burn": If you say (the meaning is that he burned him and spilled his blood, this is already subsumed in "a wound for a wound." If you say that he made ...

Rebbi says — If it is forbidden to derive benefit from the

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

Rebbi says: If it is forbidden to derive benefit from the burnt bullocks and the burnt he-goats, which do not come to atone for the world (viz. (Leviticus 26:2)7), how much more so...

And if a man open" — This tells me only of opening

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

"And if a man open a pit" — the Torah addresses the liability of someone who uncovers or creates an open pit in a public area. But the Mekhilta notices that the verse mentions only...

Variantly — "if a man open a pit" — Opening is being likened

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

The Torah discusses two ways a dangerous pit might come into existence: someone might open an existing pit that was previously covered, or someone might dig a brand-new one. In (Ex...

Money shall he restore to its owner' — This tells me only of money

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

"Money shall he restore to its owner" — when someone's animal falls into another person's uncovered pit and dies, the pit-digger must pay compensation. The Torah specifies "money."...

pay shall he pay an ox for an ox" — This tells me only (that

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

"Pay shall he pay an ox for an ox" — the Torah prescribes the remedy when a mued (habitual goring ox) kills another person's ox. The payment is a beast for a beast. But the Mekhilt...

Variantly — Slaughtering is being likened to selling, and

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

Variantly: Slaughtering is being likened to selling, and selling, to slaughtering. Just as selling is outside his (the owner's) domain, so, slaughtering (to make him liable for "fo...

Zakkai says — The Holy One Blessed be He is solicitous of

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

Rabbi Yochanan ben Zakkai asked a beautiful question: why does the Torah require a five-fold payment for stealing an ox but only a four-fold payment for stealing a lamb? His answer...

Now what do we learn (about raping) from (murdering)

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

Now what do we learn (about raping) from (murdering)? But it (the instance of murdering) apparently comes to teach (something about that of raping), and ends up "learning" (somethi...

then he shall be sold for his theft" — not for less (than

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

"Then he shall be sold for his theft" — the Torah prescribes that a thief who cannot pay the required restitution is sold into servitude to raise the funds. But the Mekhilta adds a...

Beyond these — If one stole things from which benefit may

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

The Mekhilta lays out a precise hierarchy of liability for theft, distinguishing between different categories of stolen property and the corresponding penalties a thief must pay. T...

A Damager Must Pay from His Best Land

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

The Mekhilta establishes a foundational principle of tort law in the Torah: a person is not liable for damage unless the harmful agent leaves their property and causes damage elsew...

Eliezer says — Sixteen cubits, as (the distance of) the public way

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

When fire spreads from one person's property and damages a neighbor's field, how far does liability extend? The Mekhilta records a three-way debate among the sages that reveals jus...

Only Countable Things Can Be the Subject of a Legal Claim

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

The Mekhilta draws a legal principle from a seemingly mundane phrase about safekeeping. When the Torah discusses items entrusted to a guardian, it mentions "money or vessels." A si...

then the master of the house (i

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

"then the master of the house (i.e., the watcher) shall draw near to the judges": For an oath. You say, for an oath. But, perhaps for an oath or not for an oath? It follows (that i...

(22 — 7) "then the master of the house shall draw near to

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

How many judges does it take to decide a monetary dispute in Jewish law? The Mekhilta traces the answer to a single passage in (Exodus 22:7-8), where the word "elohim" — meaning ju...

(Exodus 22 — 12) "If it were torn (by a wild beast), let him

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

(Exodus 22:12) discusses an animal that is "torn by a wild beast" while in a guardian's care: "If it were torn, let him bring ed." But what does "ed" mean? Two rabbis disagreed. Ra...

If so, why is it written "who is not betrothed"

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

If Rabbi Akiva is correct that even previously-betrothed women are covered by the seduction law, then why does the Torah bother specifying "who is not betrothed"? The phrase seems ...

mahor yimharenah to himself as a wife" — What is the intent

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

"Mahor yimharenah — he shall pay her bride-price to himself as a wife" — the Mekhilta investigates the timing of the seducer's payment. In the rapist case (Deuteronomy 22:29), paym...

Yehudah says — It is written (Leviticus 20 — 27) "And a man or

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

R. Yehudah says: It is written (Leviticus 20:27) "And a man or a woman, if there be in them an ov or a yidoni" (shall be stoned). Now "ov" and "yidoni" are types of witchcraft. Why...

(Exodus 22 — 18) "Whoever lies with a beast shall be put to

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

(Exodus 22:18) "Whoever lies with a beast shall be put to death": What is the intent of this? It is written (Leviticus 20:15) "And a man who cohabits with a beast shall be put to d...

(Exodus 22 — 19) "One who sacrifices to idolatry shall be put

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

(Exodus 22:19) "One who sacrifices to idolatry shall be put to death": We have heard the punishment. Whence the exhortation? It is written (Exodus 20:5) "You shall not bow down to ...

And thus do you find (the L–rd's esteem for the

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

And thus do you find (the L–rd's esteem for the stranger-proselyte) in the four classes who respond before Him who spoke and brought the world into being, (Isaiah 44:5) "One shall ...

Shimon were going out to be executed when R

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

Rabbi Yishmael and Rabbi Shimon were being led out to their execution. Rabbi Shimon turned to Rabbi Yishmael and said: "Rebbi, my heart is faint, for I do not know why I am going t...

For if cry out, shall he cry out to Me, hear will I hear

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

"For if cry out, shall he cry out to Me, hear will I hear his outcry" (Exodus 22:22). The Torah is speaking about the treatment of widows and orphans — the most vulnerable people i...

Now if within the framework of the lesser measure (of the

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

The Mekhilta constructs a powerful a fortiori argument about God's mercy. Within the framework of God's lesser measure — the measure of punishment — even a single individual who cr...

and my wrath shall burn" — R

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

"And my wrath shall burn" — Rabbi Yishmael connected this phrase to a parallel verse in Deuteronomy through a gezeirah shavah, drawing devastating consequences for the affliction o...

and your wives will be widows, and your children, orphans"

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

"and your wives will be widows, and your children, orphans": From "and I shall kill you by the sword," do I not know that your wives will be widows, and your children, orphans? Why...

(Exodus 22 — 25) "Im chavol (lit

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

The Torah uses a peculiar phrase in (Exodus 22:25): "Im chavol tachbol" — literally, "if you bundle, you shall bundle." The verse appears in the context of laws about taking a garm...

(Exodus 22 — 27) "Elokim you shall not curse" — What is the

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

(Exodus 22:27) "Elokim you shall not curse": What is the intent of this? From (Leviticus 24:16) "One who utters blasphemously the name of the L–rd shall be put to death" we hear th...

(Exodus 22 — 29) "Thus shall you do with your ox" — Just as

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

(Exodus 22:29) commands: "Thus shall you do with your ox" — referring to the first-born of animals. The Mekhilta draws a comparison between the first-born of animals and the first-...

Wait Thirty Days Before Redeeming a Firstborn Child or Animal

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

The Torah requires that the firstborn of both humans and animals be consecrated to God. A firstborn son must be redeemed through a payment to a Kohen (priest). A firstborn kosher a...

On the eighth day shall you give it to Me" — This tells me

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

"On the eighth day shall you give it to Me" — the Torah specifies that a first-born animal becomes eligible for the altar on the eighth day after birth. But the Mekhilta asks: is i...

To teach that a dog is of higher station than a slave, a

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

To teach that a dog is of higher station than a slave, a treifah being relegated to a dog, but only neveilah, to a slave, and to teach that the Holy One Blessed be He does not with...

Abba Chanan says in the name of R

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

Abba Chanan said in the name of Rabbi Elazar: "Do not honor a poor man in his quarrel" actually refers to the agricultural gifts owed to the poor — leket (gleanings), shikchah (for...