Mekhilta de-Rabbi Ishmael (JPS Classic Reissues)

TRACTATE NEZIKIN

355 TRACTATE NEZIKIN CHAPTER I (Ex. 21.1–3) And These Are the Ordinances. R. Ishmael says: These are added to the preceding ones. Just as those preceding were given from Sinai, so also those following were given from Sinai. R. Akiba says: And These Are the Ordinances, etc. Why is this said? Since it says: “Speak unto the children of Israel and say unto them” (Lev. 1.2), I know only that he was to tell them once. How do we know that he was to repeat it to them a second, a third and a fourth time until they learned it? Scripture says: “And teach thou it the children of Israel” (Deut. 31.19). This might mean that they need only learn it but not repeat it. But Scripture says: “Put it in their mouths” (ibid.). Still this might mean that they need only repeat it but need not fully understand it. Therefore it says: “And these are the ordinances which thou shalt set before them.” Arrange them in proper order before them like a set table, just as it is said: “Unto thee it was shown that thou mightest know” (ibid., 4.35). R. Judah says: And These Are the Ordinances. These were commanded at Marah, as it is said: “There He made for them a statute and an ordinance” (Ex. 15.25). R. Eleazar the son of Azariah says: Now suppose the gentile courts judge according to the laws of Israel. I might understand that their decisions are valid. But Scripture says: “And these are the ordinances which thou shalt set before them.” You may judge their cases but they are not to judge your cases.1 On the basis of this interpretation the sages said: A bill of divorce given by ÔȘÈÊ ˙ÎÒÓ ‡˙ÈÈÓ˜ ‡˙˘¯Ù (.'‚Z'‡ ,‡"Î ˙ÂÓ˘) ÔȘÈÊ„ ‡˙ÎÒÓ ÌÈËÙ˘Ó‰ ‰Ï‡Â Âχ ¯Ó‡ χÚÓ˘È È·¯ Û‡ ÈÈÒÓ ÌÈÂÈÏÚ ‰Ó ÌÈÂÈÏÚ‰ ÏÚ ÔÈÙÈÒÂÓ ÌÈËÙ˘Ó‰ ‰Ï‡Â ¯Ó‡ ‡·È˜Ú È·¯ ÈÈÒÓ ÌÈÂ˙Á˙ χ¯˘È È· χ ¯·„ ¯Ó‡ ‡Â‰˘ ÈÙÏ ¯Ó‡ ‰ÓÏ '‚ 5 ‰˘ ÔÈÓ ˙Á‡ ÌÚÙ ‡Ï‡ ÈÏ Ôȇ ̉Èχ ˙¯Ó‡Â χ¯˘È È· ˙‡ ‰„ÓÏ Ï"˙ „ÓÏÈ˘ „Ú Ú·¯Â ˘Ï˘Â ÌÈ¢ ÏÂÎÈ Ì‰ÈÙ· ‰ÓÈ˘ Ï"˙ ÔÈ¢ ‡Ï ÔÈ„ÓÏ ÏÂÎÈ ÌÈ˘˙ ¯˘‡ ÌÈËÙ˘Ó‰ ‰Ï‡Â Ï"˙ ÔÈÚ„ÂÈ ‡Ï¯Ӈ˘ ÔÈÚÎ ÍÂ¯Ú ÔÁÏ˘Î Ì‰ÈÙÏ ÌÎ¯Ú Ì‰ÈÙÏ 10 ‰Ï‡Â ¯Ó‡ ‰„Â‰È È·¯ ˙Ú„Ï ˙ȇ¯‰ ‰˙‡ ˜Á ÂÏ Ì˘ Ì˘ ¯Ó‡˘ ¯Ӈ ‰¯Ó· ÌÈËÙ˘Ó‰ ÌÈ‚‰ ȯ‰Â ¯Ó‡ ‰È¯ÊÚ Ô· ¯ÊÚχ È·¯ ËÙ˘Ó ÌÈÓÈȘ ̉ÈÈ„ ÂÈ‰È È‡ ÚÓ¢ χ¯˘È ÈÈ„· Â„˘ Ô„ ‰˙‡ ̉ÈÙÏ ÌÈ˘˙ ¯˘‡ ÌÈËÙ˘Ó‰ ‰Ï‡Â Ï"˙ 1Z3 .'‚ ÌÈËÙ˘Ó .˙ ;'‚ ,'Ï ¯"ÂÓ˘ 3Z10 .117 .˘ 4Z5 .'· ,'‡ ‡¯˜È 5Z9 .'· ,„" Ôȷ¯ÈÚ 6 .Ë"È ,‡"Ï Ìȯ·„ 7 .Ì˘ 10 .‰"Ï ,'„ Ì˘ 11Z12 ˙ÂÓ˘ .‰"Î ,Â"Ë 12Z13 .Ì˘ .˙ 14Z15 ) '‚ ,'„ ˜"· 'È .Ê"Ë Ìȯ·„ ȯÙÒ b .(4 5 [˙Á‡ ÌÚÙ ‡Ï‡ ÈÏ Ôȇ .Ë .Ó .‡ .> ‰˘¯Ù· Ì"‡¯‰ 6 [Ï"˙ .Ë ˙Ùˆ .Ì"‡¯‰ .¯Ó‡˘ ,‡"Ù Û„ È‡¯ËÓ ÛÒÂÈ '¯‰Ï ÁÚÙ 7 [ÏÂÎÈ .Ó [ÌÈ¢ ÏÂÎÈ / > .Ë .Ó .‡ ‡ .ÌÈ¢ 8Z9 :È˙ÙÒ‰ [̉ÈÙÏ ÌÈ˘˙ ¯˘‡ .„ .‡ .'‚ 11 =È˙ÙÒ‰ [¯Ӈ :‡"‡ .‚ .ÂÂˈ 13 [ÈÈ„· .„ [̉ÈÈ„ / ÈÈ„Î .„ .> 14 :È˙ÙÒ‰ [̉ÈÙÏ ÌÈ˘˙ ¯˘‡ .˘"‡Ó .'‚ 356 TRACTATE NEZIKIN force, if by Israelitish authority is valid, but if by gentile authority is not valid. It is, however, valid if the Gentiles merely bind the husband over2 and say to him: “Do as the Israelites tell thee.” R. Simon the son of Yohai says: What is the reason that the ordinances of law precede all the commandments of the Torah? Because as long as there is a law-suit between a man and his fellow-man, there is strife between them. But as soon as the case is decided for them, peace is established between them. And thus Jethro says to Moses: “And all this people also shall go to their place in peace” (Ex. 18.23). If Thou Buy a Hebrew Slave.3 Scripture here deals with one sold into servitude by the court for stealing. Such a one must serve not only the one who bought him, but also the latter’s son after him. You say that Scripture here deals with one sold into servitude by the court for stealing, telling us that such a one must serve not only the one who bought him but also the latter’s son after him. Perhaps however it deals only with one who sells himself? When it says: “And if thy brother be waxen poor with thee and sell himself unto thee” (Lev. 25.39), behold the one selling himself is there spoken of. Why then should Scripture say here: “If thou buy a Hebrew slave”? It must therefore deal with one sold into slavery by the court for stealing, telling that such a one must serve not only the one who bought him but also the latter’s son after him. 1. In the Israelitish commonwealth only fully qualified citizens, priests, Levites and Israelites, could hold the office of judge. They could judge cases of nonIsraelitish residents. But a non-Israelite, i. e., a foreigner who has not accepted the Jewish religion and hence was not a fully qualified citizen, could not function as judge in a Jewish state (see M. Sanh. 4.2; Sanh. 36b and Kid. 76b and cf. Commentaries ). 2. I.e., use force against him. 3. The Jewish law does not allow an Israelite to become or to be made a slave in the real sense of the word. The term scg, “slave,” then, when applied to a Hebrew or an Israelite, can only mean one who has to serve for a certain definite period, either a number of years...