(א) וַיְדַבֵּ֥ר ה' אֶל־מֹשֶׁ֥ה לֵּאמֹֽר׃ (ב) דַּבֵּר֙ אֶל־בְּנֵ֣י יִשְׂרָאֵ֔ל וְאָמַרְתָּ֖ אֲלֵהֶ֑ם אֲנִ֖י ה' אֱלֹקֵיכֶֽם׃ (ג) כְּמַעֲשֵׂ֧ה אֶֽרֶץ־מִצְרַ֛יִם אֲשֶׁ֥ר יְשַׁבְתֶּם־בָּ֖הּ לֹ֣א תַעֲשׂ֑וּ וּכְמַעֲשֵׂ֣ה אֶֽרֶץ־כְּנַ֡עַן אֲשֶׁ֣ר אֲנִי֩ מֵבִ֨יא אֶתְכֶ֥ם שָׁ֙מָּה֙ לֹ֣א תַעֲשׂ֔וּ וּבְחֻקֹּתֵיהֶ֖ם לֹ֥א תֵלֵֽכוּ׃ (ד) אֶת־מִשְׁפָּטַ֧י תַּעֲשׂ֛וּ וְאֶת־חֻקֹּתַ֥י תִּשְׁמְר֖וּ לָלֶ֣כֶת בָּהֶ֑ם אֲנִ֖י ה' אֱלֹקֵיכֶֽם׃ (ה) וּשְׁמַרְתֶּ֤ם אֶת־חֻקֹּתַי֙ וְאֶת־מִשְׁפָּטַ֔י אֲשֶׁ֨ר יַעֲשֶׂ֥ה אֹתָ֛ם הָאָדָ֖ם וָחַ֣י בָּהֶ֑ם אֲנִ֖י ה'׃
"מכילתא דעריות" (תוספת לספרא ממדרש דבי רבי ישמעאל)
"ושמרתם את חקתי ואת משפטי" – שאין לי אלא מה שפרט הכתוב, שאר דקדוקי הפרשה מנין? תלמוד לומר "ושמרתם את חקותי ואת משפטי".
"אשר יעשה אותם האדם" – היה ר' ירמיה אומר: מנין אתה אומר אפילו גוי ועושה את התורה הרי הוא ככהן גדול? תלמוד לומר "אשר יעשה אותם האדם וחי בהם". וכן הוא אומר "וזאת תורת האדם אדוני ה'" (שמואל ב ז, יט) – "תורת הכהנים ולוים וישראל" לא נאמר אלא "תורת האדם". וכן הוא אומר "פתחו שערים..."(ישעיהו כו, ב) – "ויבא כהנים לוים וישראל" לא נאמר אלא "ויבא גוי צדיק שומר אמונים". וכן הוא אומר "זה השער לה'..." (תהלים קיח, כ) – "כהנים לוים וישראל" לא נאמר אלא "צדיקים יבואו בו". וכן הוא אומר "רננו..." (תהלים לג, א) – "כהנים לוים וישראל" לא נאמר אלא "רננו צדיקים בה' ". וכן הוא אומר "הטיבה ה'..." (תהלים קכה, ד) – "לכהנים לוים וישראל" לא נאמר אלא "הטיבה ה' לטובים" – הא אפילו גוי ועושה את התורה הרי הוא ככהן גדול.
"וחי בהם" – לא שימות בהם.
היה ר' ישמעאל אומר: מנין אתה אומר שאם אמרו לו לאדם בינו לבין עצמו עבוד עכו"ם ואל תֵהָרֵג!, יעבור ואל יֵהרג? תלמוד לומר "וחי בהם" – ולא שימות בהם. או אפילו ברבים ישמע להם? תלמוד לומר (ויקרא כב, לב) "ולא תחללו את שם קדשי ונקדשתי" – אם מקדישים אתם את שמי אף אני אקדש את שמי על ידכם...
(1) 1) (18:6) ("A man, a man, to all the kin of his flesh shall not draw near to reveal nakedness; I am the L rd.") What is the intent of "a man, a man"? To include gentiles to be exhorted against illicit relations as Jews are. "You (plural) shall not draw near": What is the intent of this (plural)? Because it is written "a man," I might think that a man is being exhorted against illicit relations with a woman. Whence do I derive the same for a woman vis-à-vis a man? From "You (plural) shall not draw near."
(2) 2) (18:1 and 2) "And the L rd said to Moses, saying: Speak to the children of Israel and say to them: I am the L rd your G d." R. Shimon b. Yochai says: This is as is written elsewhere (Shemoth 20:2) "I am the L rd your G d, etc." (He said to them:) Am I not the L rd, whose Kingdom you accepted upon yourselves in Egypt? They: "Yes! Yes!" He: You accepted My Kingdom — accept My decrees (3) "There shall not be unto you other gods beside Me." That is what is intended here: "I am the L rd." Am I not He whose Kingdom you accepted in Sinai? They: "Yes! Yes!" He: You accepted My Kingdom — accept My decrees. R. Yishmael says: Grave are the arayoth (illicit relations), which open with yod-keh and end with yod-keh (the name of the L rd.) In the beginning (18:6) "A man, a man, to all the kin of his flesh shall not draw near to reveal nakedness; I am the L rd." In the end (Ibid. 30) "And you shall keep My charge, not to do in the manner of the abominations … I am the L rd your G d." Grave are the arayoth, which open with yod-keh and end with yod-keh!
(3) 3) Rebbi says: It was revealed before Him who spoke and brought the world into being that they were destined to balk against (the restrictions of) arayoth, wherefore He confronted them with a decree: "I am the L rd your G d" — Know who decrees (these strictures of arayoth) upon you! And we find similarly that they balked against arayoth in (Bamidbar 11:10) "And Moshe heard the people weeping over their families" (i.e., against the restrictions of illicit relations). And thus did Malachi say to them (Malachi 2:13) "And this you do a second time: covering the altar of the L rd with tears, with weeping and with sighing." He said to them: This is not the first time (you weep so.) You already wept (over this) in the days of Moses. They answered (Ibid. 15) "And did not One do (this) and He is noble of spirit!" Did not He who created Israel create the (other) peoples? (Why, then, can we not intermingle with them!) To this he replied (Ibid.) "And what is it that this 'One' desires, (but) the seed of G d!" (and not of the nations) — at which they all responded (Ibid. 12) "Let the L rd cut off from the man that does this a quick one and an answerer from the tents of Yaakov" — Let him not have "a quick one" among the sages nor "an answerer" among the disciples — And, if he were a Cohein, (Ibid.) "or a presenter of a meal-offering to the L rd of hosts." And thus is it written (re the materialization of such intermingling, Nechemiah 13:29) "And one of the sons of Yoyada, the son of Elyashiv the high-priest, was son-in-law to Sanvalat the Choronite."
(4) 4) Rebbi says: (18:2) "Speak to the children of Israel and say to them: I am the L rd your G d." Say to them: "I (Moses), too, was exhorted." Just as I (the L rd exhorted you (to separate from your wife) and you accepted, so tell them (to separate from arayoth) and they will accept it. (A variant:) "and say to them" This is an exhortation to beth-din (to separate Israel from arayoth). "I am the L rd your G d" (Elokim = the Judge). I am a Judge to exact payment, and I am trusted to reward.
(5) 5) (See Section 8:3)
(6) 6) (See Section 8:4)
(7) 7) (See Section 8:6)
(8) 8) (18:3) "and in their statutes you shall not walk": What did Scripture leave unsaid (that this need be stated)? Is it not already written (Devarim 18:10) "There shall not be found among you one who passes his son or daughter through fire … (11) and a chover chaver, etc."? What, then, is the intent of "and in their statutes you shall not walk"? In their customs — those things that are established for them — such as theatres, circuses, and sports. R. Meir says: These are "the ways of the Emorites," which the sages enumerated. R. Yehudah b. Betheira says: that you not preen yourself (to attract women), and not cultivate locks, and not wear the hair komi (a gentile fashion). And lest you say: "They have statutes and we have no statutes" — It is, therefore, written (18:9) "My judgments shall you do and My statutes you shall heed to walk in them; I am the L rd your G d." __ But there is still "hope" for the yetzer hara to reflect and say "But theirs are more beautiful than ours!" — It is, therefore, written (Devarim 4:6) "And you shall heed and you shall do. For this is your wisdom and your understanding."
(9) 9) (18:4) "My judgments you shall do": These are the things, which if they had not been written would "ask" to be written, such as (the interdiction of) theft, illicit relations, blaspheming the Name, and bloodshed. (Ibid.) "and My statutes you shall heed": These are the things that the yetzer hara "queries" and that the idolators query, such as (the prohibition against) eating pig and wearing sha'atnez (a mixture of wool and linen), chalitzah (the levirate-refusal ceremony), the cleansing of the leper and the sent-away he-goat. It is, therefore, written (in response to such "queries") "I, the L rd," have decreed them, and it is not for you to call them into question.
(10) 10) (Ibid.) "to walk in them": Make them primary and not secondary. "to walk in them": Your converse should be only in them, not intermixed with any mundane matters. Do not say: I have learned the wisdom of Israel; now I will learn the wisdom of the world. "to walk in them": You are not permitted to depart from them. And thus (Mishlei 5:17) "They shall be ours alone … (6:22) In your going forth, it shall guide you" — in this world; "in your reclining, it shall guard you" — at the time of death; "and when you awake, it shall converse with you" — in the world to come. And (Isaiah 26:19) "Awake and sing, you dwellers in the dust!" And lest you say: "Gone is my hope and my prospect!" It is, therefore, written "I am the L rd." I am your hope and your prospect and upon Me is your trust. And (Isaiah 46:4) "And until (your) old age, I am He, etc." And (Ibid. 44:6) "Thus said the L rd, the King of Israel and its Redeemer, the L rd of hosts, etc." (Ibid. 48:12) "I am He. I am first and I am last." And (Ibid. 41:4) "I, the L rd, am first, and with the last shall I be,"
(11) 11) (18:5) "And you shall heed My statutes and My judgments": This tells me only of what Scripture specifies. Whence do I derive (for inclusion) the other exegeses of the parshah? From "And you shall heed (eth) My statutes and (eth) My judgments."
(12) 12) "which a man shall do": R. Yirmiyah was wont to say: Whence is it derived that even a gentile who observes the Torah is like the high-priest? From "which a man (any man) shall do, and he shall live in them." It is not written :This is the Torah of Cohanim, Levites, or Israelites," but (II Samuel 7:19) "And this is the Torah of man, O L rd, G d." And thus is it written (Isaiah 26:2) "Open, ye gates, and let there come" — Cohanim, Levites, and Israelites is not written, but — (Tehillim 118:20) "tzaddikim shall come therein." And (Tehillim 33:1) "Sing, tzaddikim in the L rd" — not Cohanim, Levites, and Israelites. And (Ibid. 125:4) "Do good, O L rd, to the good" — not "to Cohanim, Levites, and Israelites." Even a gentile who observes the Torah is like the high-priest.
(13) 13) (18:5) "and he shall live in them": and not die in them. R. Yishmael was wont to say: Whence is it derived that if one is told in private to serve idolatry or be killed, he should transgress and not be killed? From "and he shall live in them," and not die in them. __ But perhaps even in public he should accede. It is, therefore, written (Ibid. 22:32) "And you shall not desecrate My holy name, and I shall be sanctified in the midst of the children of Israel." If you sanctify My name, I, too, will sanctify My name through you. For just as Chananiah, Mishael, and Azaryah, when all the peoples of the world were prostrated before the idol, stood (straight) as palms — as related of them in the tradition (Shir Hashirim 7:8) "This, your stature, is like a palm" — (Ibid. 9) "I said: 'I shall rise on the palm, I shall grasp its branches'" — This day I shall rise through them in the eyes of the peoples of the world, the deniers of Torah. This day I shall exact punishment for them of their foes — This day I shall resurrect their dead. "I am the L rd," the Judge, to exact punishment, and trusted to reward.
(14) 14) (18:6) "A man, a man, to all the kin of his flesh shall not draw near to reveal nakedness" — general. (7) "The nakedness of your father and the nakedness of your mother you shall not reveal" — specific. General-specific (The rule is:) The general subsumes only the specific. (See Hermeneutical Principles 4) (And no arayoth are to be added (by induction) other than those which are specifically mentioned. For otherwise I would say:) Since he is permitted to marry the daughter of his father's brother and his father's brother is permitted to marry his daughter, then, if I have learned that he is forbidden to marry the wife of his father's brother, so, his father's brother should be forbidden to marry his wife. (A second instance:) Since he is permitted to marry the wife of his stepfather, and his stepfather is permitted to marry his wife, then, if I have learned that he is forbidden to marry the daughter of his stepfather, so, his stepfather should be forbidden to marry his daughter. If so, you have adduced arayoth by induction! — wherefore it is written "A man, a man, to all the kin of his flesh shall not draw near to reveal nakedness" — general.
(15) 15) "The nakedness of your father and the nakedness of your mother you shall not reveal" — specific. General-specific. (The rule is:) The general subsumes only the specific. "I am the L rd," the Judge, to exact punishment and trusted to reward.
(16) 16) (18:24) "Do not become unclean with any of these" (abominations): all or part. For with all of these the nations become unclean: These are the Egyptians. "which I am sending away before you": These are the Canaanites. (25) "And the land became unclean" — whereby we are taught that these things (illicit relations) render the land unclean. "and I visited its sin upon it.": As soon as I open the accounting book, I exact payment for everything. "and the land vomited out its inhabitants": as a man vomits out his food.
(17) (17) "And you shall keep My statutes": You are fit to keep them (the laws governing arayoth), for you originated them (in Egypt). And thus is it written (Shir Hashirim 4:12) "A locked garden is My sister, My bride; a locked spring, a sealed fountain."
(18) 18) And you shall not do all of these abominations": all or part. "citizen": as it implies. "the citizen": to include the wives of citizens. "stranger": a proselyte. "the stranger": to include the wives of strangers. "in your midst": to include bondsmen.
(19) 19) (18:27) "For all of these abominations were done by the people of the land which were before you, and the land became unclean" — whereby we are taught that these things render the land unclean. (28) "So that the land not vomit you out … as it vomited out the nation that was before you" — whereby we are taught that the land incurs exile because of those things.
(20) 20) "For all who do any of these abominations": all or part; "the souls (plural) shall be cut off." What is the intent of this? Because it is written "a man," I might think that a man incurs kareth by (fornicating with) a woman. Whence do I derive the same for a woman by a man? From "the souls" — two.
(21) 21) ("the souls that do"): What is the intent of this? Because it is written (6) "You shall not draw near," I might think they incurred kareth for drawing near (alone); it is, therefore written "that do," and not that draw near. "from the midst of their people": but their people remain at peace.
(22) 22) (18:30) "And you shall keep My charge": Make a "keeping" (i.e., protection) for My charge. "And you shall keep My charge": to exhort beth-din (to be vigilant) in this regard. "not to do in the manner of the abominations that were done before you, and you shall not become unclean (tamei) in them": We are hereby taught that all of the arayoth are called "tumah." (Ibid. 11:43) "And do not become unclean with them that you be unclean with them": If you become unclean with them, you render yourselves unfit for Me. What benefit do I have of you when you are in debt to Me for destruction! — wherefore it is written (Ibid. 18:30) "I am the L rd your G d."
(23) 23) And in this vein Ezra writes (Ezra 9:14) "Shall we again break Your commandments and make marriages with the people of these abominations? Would You not rage against us until You consumed us, without remnant or escape? (15) O L rd, G d of Israel, You are righteous!"
ואמר ריש לקיש: עובד כוכבים ששבת חייב מיתה שנאמר (בראשית ח, כב) "ויום ולילה לא ישבותו" ואמר מר: אזהרה שלהן זו היא מיתתן...
ואמר ר' יוחנן: עובד כוכבים שעוסק בתורה חייב מיתה שנאמר (דברים לג, ד) "תורה צוה לנו משה מורשה" - לנו מורשה ולא להם...
מיתיבי: היה רבי מאיר אומר: מניין שאפילו עובד כוכבים ועוסק בתורה שהוא ככהן גדול? שנאמר (ויקרא יח, ה) "אשר יעשה אותם האדם וחי בהם" - "כהנים לוים וישראלים" לא נאמר, אלא "האדם" - הא למדת שאפילו עובד כוכבים ועוסק בתורה הרי הוא ככהן גדול.
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כתב יד ירושלים (הרצוג) 1 - כתב יד תימני למסכת סנהדרין
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