Torah

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The Torah as cosmic blueprint: Jewish traditions about the creation, revelation, and infinite depth of the Five Books of Moses.

and on the seventh year he shall go out to freedom" — What

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

When a Hebrew bondsman is released after six years, the Torah says "he shall go out to freedom." The Mekhilta asks: what does this phrase add? If the bondsman's term is over, he is...

This tells me only of a Hebrew maidservant

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

The Torah specifies that a Hebrew maidservant does not go free through the loss of "organ prominences" — external body parts like teeth or eyes that, if knocked out by the master, ...

) "a wife" — Scripture here speaks of a Canaanite woman

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

The Mekhilta DeRabbi Yishmael addresses a legal question about the identity of a wife given to a Hebrew servant by his master. The Torah states that if a master gives his servant "...

) "and she bears him sons or daughters" — This tells me only

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

The Torah states that if a master gives his Hebrew bondsman a Canaanite bondswoman "and she bears him sons or daughters," the woman and her children belong to the master (Exodus 21...

I love my master, etc - Mekhilta Tractate Nezikin 2 — 12

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

The Torah describes a remarkable scenario in the laws of servitude: a Hebrew servant whose term of service has ended, yet who declares, "I love my master" and chooses to remain. Th...

Only the Master Himself Can Bore the Servant's Ear

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

The Torah prescribes a vivid ritual for a Hebrew servant who refuses to go free after six years of service: "Then his master shall bore his ear" with an awl against a doorpost (Exo...

And why was the ear singled out for boring from all the

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

When a Hebrew slave chooses to remain in servitude rather than go free at the end of his six-year term, the Torah prescribes a specific ritual: his master takes an awl and bores th...

And if a man sells his daughter" — A man may sell his

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

"And if a man sells his daughter" (Exodus 21:7) — the Torah permits a father to sell his daughter as a maidservant. The Mekhilta immediately asks: can a mother do the same? The ans...

Whence do I derive (the same for) the (Hebrew) man-servant

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

The Mekhilta examines how the Torah's laws governing Hebrew servants apply equally to men and women. The verse states "the Hebrew man or the Hebrew woman" (Deuteronomy 15:12), and ...

If another he take for him" — From here they ruled — A man is

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

The Torah verse "If another he take for him" (Exodus 21:10) is read by the Mekhilta as the source for a surprising obligation. From this verse, the Sages ruled that a father is obl...

Nathan says — Since (on the one hand) the Torah says "Give

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

The Mekhilta DeRabbi Yishmael preserves a legal teaching from Rabbi Nathan that resolves an apparent contradiction in the Torah's laws about monetary obligations. On the one hand, ...

If one were rolling a roller (down), and it fell on him and

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

The Mekhilta examines one of the most consequential legal distinctions in the Torah: the difference between intentional killing and accidental death. The text lays out three vivid ...

Akiva says — Before the giving of the Torah, we were

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

Issi ben Akiva raises a profound moral question about the scope of the prohibition against murder. Before the Torah was given at Sinai, he argues, humanity was already warned again...

he shall be put to death" — by strangulation

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

The Torah says a person who strikes his father or mother "shall be put to death" (Exodus 21:15), but it does not specify the method of execution. The Mekhilta identifies this silen...

(Then) "If a man be found to have stolen a soul" would also

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

The Torah states plainly: "If a man be found to have stolen a soul" (Deuteronomy 24:7). This is the law against kidnapping, one of the gravest crimes in Jewish jurisprudence, punis...

he shall be put to death" — by strangulation - Mekhilta Tractate Nezikin 5 — 17

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

The Torah states that a kidnapper "shall be put to death" (Exodus 21:16), but does not specify the method of execution. The Mekhilta identifies the method as strangulation. But how...

But perhaps the first is an exhortation against stealing

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

Perhaps the first is an exhortation against stealing money, and the second an exhortation against stealing souls? Would you say that? Three mitzvoth (commandments) are mentioned in...

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...

And if men quarrel" — This tells me only of men

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

"And if men quarrel" — this verse mentions men. But does the law of personal injury apply only to men? What about women who injure others or are injured? Rabbi Yishmael argued that...

Yoshiyah says — (If men and women are equated,) let neither

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

Rabbi Yoshiyah pushed the question of women in injury law even further. If men and women are truly equated, he argued, why does the Torah mention either gender at all? Let neither ...

Yonathan says — This (derivation) is not needed - Mekhilta Tractate Nezikin 6 — 4

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

Rabbi Yonathan argued that the explicit mention of "a man or a woman" in (Exodus 21:29) was not even necessary to include women in injury law. Two other verses already accomplished...

This is one of three things in the Torah which R

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

This is one of three things in the Torah which R. Yishmael expounded metaphorically. Similarly, (Exodus 22:2) "If the sun shone upon him." Now is it upon him alone that the sun shi...

"And they (the parents (Devarim 22:17)

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

The Mekhilta DeRabbi Yishmael draws a connection between two seemingly unrelated legal passages in the Torah, both involving the concept of metaphorical language in legal contexts....

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 ...

and heal shall he heal" — (Whence do I derive that if) he

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

"And heal shall he heal" — the Torah doubles the word "heal," and the Mekhilta mines this repetition for legal content. If the victim was healed once but then relapsed, and was hea...

A Woman Who Kills Is Equally Liable Under Torah Law

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

The Torah says: "And if a man strike" — using the masculine form. The Mekhilta immediately asks the obvious question: does this law apply only to men? What about a woman who kills?...

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...

And whence is it derived that it must be in a locus which

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

The Torah requires that for a killing to be classified as murder — and thus subject to the death penalty — the blow must be struck in a place on the body where it could actually ca...

Rebbi says — What is the intent of "with a rod"

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

Rebbi — Rabbi Yehudah HaNasi — asked why the Torah specifically mentions "a rod" in the law about striking a bondservant. He argued that the word "rod" is extra — it is not needed ...

and he die under his hand" — His striking and his (the

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

The Torah legislates the case of a master who strikes his servant, specifying that the servant must "die under his hand." The Mekhilta dissects this phrase to extract a precise leg...

and they hit a pregnant woman, and her fetuses miscarry"

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

"And they hit a pregnant woman, and her fetuses miscarry" — Abba Chanin asked in the name of Rabbi Eliezer: why does the verse bother saying "a pregnant woman"? If her fetuses misc...

then he shall be punished" — (by payment of) money

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

The Torah uses the word "punished" in (Exodus 21:22) when describing the penalty for a man who injures a pregnant woman during a fight. "Then he shall be punished" — but punished h...

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...

Eliezer says — The verse speaks of a Canaanite man-servant

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

Rabbi Eliezer tackles a textual ambiguity in the Torah's laws of servitude that has real legal consequences. The verse under discussion deals with the acquisition of servants, and ...

Eliezer says — It is written here "send" (viz

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

Rabbi Eliezer employs one of the most powerful tools in the rabbinic interpretive arsenal: the gezeirah shavah, a comparison of two passages that share a common word. The word in q...

For I might think, since the Torah speaks of one who sends

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

The Torah grants freedom to a bondservant whose master knocks out a tooth or blinds an eye. But does this apply only to adult bondservants? What about a minor — a child bondservant...

An if an ox gore" — This tells me only of an ox

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

"And if an ox gore" — the Torah mentions only an ox. But what about other animals? If a donkey kicks someone, or a camel bites, do the same laws apply? The Mekhilta says yes, and d...

Azzai says — "and the owner of the ox is absolved"—from

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

Shimon ben Azzai interpreted the phrase "and the owner of the ox is absolved" (Exodus 21:28) as absolution from paying half-kofer — half of the ransom payment owed when an ox kills...

Gamliel says — "and the owner of the ox is absolved"—from

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

Rabban Gamliel offered a different interpretation of "the owner of the ox is absolved." He argued the tam's owner is absolved from paying the monetary value of a bondservant who is...

Akiva says — "the owner of the ox is absolved"—from the

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

Rabbi Akiva offered his own reading of "the owner of the ox is absolved." He argued that the tam's owner is absolved from paying for the value of fetuses. His reasoning: both a man...

Akiva says — "the ox shall be stoned, and its owner, too

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

Rabbi Akiva found a striking legal principle hidden inside a single verse about a goring ox. The Torah states that when an ox kills a person after its owner was warned, "the ox sha...

"Or if it gore a son, or it gore (Exodus 21:31)

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

(Exodus 21:31) "Or if it gore a son, or it gore a daughter": Why is this stated? (Ibid. 29) "and it kill a man or a woman" tells me only of adults. Whence do I derive (the same for...

Variantly — "If the ox gore a man-servant or a

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

The Torah says the ox gored "a man-servant or a maid-servant." The Mekhilta asks: which kind of servant? This must refer to a Canaanite bondservant, not an Israelite one. The proof...

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 — "and he not cover it" — and he not cover it

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

"And he not cover it" — the Torah addresses liability for an uncovered pit. The Mekhilta adds a crucial qualifier: "and he not cover it properly." This distinction between proper a...

Rebbi says — "Halving" is written in respect to the living

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

Rebbi — the title given to Rabbi Yehudah HaNasi, the compiler of the Mishnah (the earliest code of rabbinic law) — examines a case in the Torah's laws of damages involving two oxen...

Meir said — Come and see how beloved is work by Him who

Mekhilta DeRabbi Yishmael Mekhilta DeRabbi Yishmael

Rabbi Meir draws a remarkable theological lesson from one of the most unlikely sources: the Torah's laws of livestock theft. His observation reveals how deeply God values honest la...

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...