At Mt. Sinai

(ב) כי מן השמים דברתי עמכם כתוב אחד אומר כי מן השמים וגו' כתוב אחד אומר וירד ה' על הר סיני... רבי עקיבא אומר, מלמד שהרכין הקב"ה שמים העליונים על ראש ההר ודבר עמהם מן השמים. שנאמר ויט שמים וירד וערפל תחת רגליו. [תהלים יח].

(1) (Ibid. 19) "And the L rd said to Moses: Thus shall you say to the children of Israel" — In the language that I speak, thus shall you speak to the children of Israel — in the holy tongue. Wherever "koh" ("thus"), "kachah" ("in this wise"), "aniyah" ("answering"), and "amirah" ("Saying") are used, the holy tongue is understood. (Ibid.) "You saw that from the heavens I spoke to you." There is a difference between one's seeing something (with his own eyes) and others' relating something to him. When others relate something to him, sometimes his heart is "divided" within him; but here — "You (yourselves) saw!" R. Nathan says: What is the intent of this? From (Psalms 138:4) "All the kings of earth will acknowledge you, O L rd, for they have heard the words of Your mouth," I might think that just as they heard, so, they saw. It is, therefore, written "You saw," but the nations of the world did not see.

(2) (Ibid.) "that from the heavens I spoke to you": One verse states "that from the heavens, etc.", and another (Ibid. 19:20) "And the L rd went down upon Mount Sinai!" How are these two verses to be reconciled? A third verse reconciles them, viz. (Devarim 4:36) "From the heavens He made you hear His voice to exhort you, and on the earth He showed you His great fire, and His works you heard from the midst of the fire." These are the words of R. Yishmael. R. Akiva says: We are hereby taught that the Holy One Blessed be He bent the upper heavens over the top of the mountain, and He spoke to them from the heavens. As it is written (Psalms 18:10) "And He bent the heavens and descended, with mist between His feet." Rebbi says: "And the L rd went down upon Mount Sinai upon the top of the mountain. And the L rd called Moses to the top of the mountain, and Moses went up": Is this to be understood literally? Can you say such a thing? If one of His servants (e.g., the sun) makes his presence felt in its place and outside of its place, how much more so the glory of Him who spoke and brought the world into being! (The above, then, must perforce be understood figuratively and not literally.)

בתחתית ההר]. מלמד שנתלש ההר ממקומו, וקרבו ועמדו תחת ההר, שנאמר (שם ד) ותקרבון ותעמדון תחת ההר

(1) (Exodus 19:17) "And Moses took out the people": R. Yossi said: R. Yehudah was wont to expound: (Devarim 33:2) "And he (Moses) said: 'The L rd came from Sinai.'" Do not read it thus, but "to Sinai," to give Torah to Israel. But I do not say this but (rather) "The L rd came from Sinai" to receive Israel, as a groom goes out to receive his bride.

(2) "and they stood under the mountain": We are hereby apprised that the mountain was torn from its place and they came forward and stood under the mountain. Concerning this it is stated in the Tradition (Song of Songs 2:14) "My Dove in the clefts of the rock … Show me Your face; let me hear Your voice. For Your voice is sweet and Your face is fair." "Show me Your face" — the twelve monuments for the twelve tribes of Israel (viz. Exodus 24:4). "Let me hear Your voice" — the Ten Commandments. "For Your voice is sweet" — after (hearing) the Ten Commandments. "and Your face is fair" — (Leviticus 9:5) "And the entire congregation came forward (on the eighth day of the investiture of the Cohanim) and they stood before the L rd."

(3) R. Eliezer says: It speaks of the Red Sea, viz.: "Show me Your face" (lit., "Your sight") — (Exodus 14:13) "Stand and see the salvation of the L rd." "Let me hear Your voice" — (Ibid. 10) "and they were exceedingly afraid, and the children of Israel cried out to the L rd." "for your voice is sweet" — (Ibid. 2:23) "and their outcry ascended to G d. "and your face (= sight) is fair" — (Ibid. 4:30-31) "and he performed the signs before the eyes of the people, and the people believed." Variantly: "for your voice is sweet" — at the Red Sea, viz. (Ibid. 15:1) "I shall sing to the L rd, for He is exalted (over all the) exalted." "and Your face is fair" — (Psalms 8:24) "From the mouths of babes and sucklings You have founded strength … When I see Your heavens, etc."

(א) "ויאמרו אל משה דבר אתה עמנו ונשמעה" – מגיד שלא היה בהם כח לקבל יותר מעשרת הדברות, שנאמר (דברים ה כב) "אם יוספים אנחנו לשמוע את קול ה' אלהינו עוד ומתנו" אלא "קרב אתה ונשמע".

(1) (Exodus, Ibid. 16) "And they said to Moses: Speak, you, with us, and we will hear, (and let G d not speak with us, lest we die.") We are hereby apprised that they lacked the strength to receive no more than ten pronouncements, viz. (Devarim 5:22) "If we continue hearing the voice of the L rd our G d, we will die," but (Ibid. 6) you draw near," and we will hear. At that time, Israel merited the L rd's establishing prophets for them, as it is written (Ibid. 18:18) "A prophet shall I raise up for them, etc." I was destined to set up a prophet for them (later), but their merit preempted it, viz. (Ibid. 17) "And the L rd said to me: They have done well in speaking as they did" (viz. Ibid. 16). Happy are those in whose words the L rd concurs! And thus is it written (Numbers 27:7) "Rightly do the daughters of Tzelafchad speak," (Ibid. 36:5) "Rightly does the scribe of the sons of Yosef speak." Happy are those in whose words the L rd concurs! And thus is it written (Ibid. 14:20) "I have forgiven because of your (Moses') words.

(2) (Devarim 5:26) "Would that this heart of theirs (were in them to fear Me and to keep all of My mitzvoth all of the days so that it be good for them and for their children forever.") If it were possible to remove the angel of death from them, I would do so — but the decree has already gone forth. R. Yossi says: On this condition did they stand on Mount Sinai, that the angel of death not prevail over them, as it is written (Psalms 82:6) "I said (when I gave you the Torah): You are angels and all heavenly creatures. But, as Adam you will die, (having perfected your ways as he did), and as one of the (first) princes will you fall."

בְּרַם אָנֹכִי וְלֹא יִהְיֶה לְךָ, לֹא דִּבֵּר עִמָּנוּ משֶׁה אֶלָּא מִפִּי הַקָּדוֹשׁ בָּרוּךְ הוּא שְׁמַעְנוּם.

(א) אָמַר לָהֶם הַמְמֻנֶּה, בָּרְכוּ בְרָכָה אֶחַת, וְהֵן בֵּרְכוּ. קָרְאוּ עֲשֶׂרֶת הַדְּבָרִים, שְׁמַע, וְהָיָה אִם שָׁמֹעַ, וַיֹּאמֶר.

(1) The appointed [priest] said to them: “Say one blessing” [one right before the Shema], and they blessed. They then recited the Ten Commandments, 'Shema', 'Vehaya im Shamoa' and 'Vayomer' [the three paragraphs of the Shema]. They also blessed the people with these three blessings: Emet Veyatsiv [the blessing that follows the Shema in the morning prayer], Avodah [the blessing in Shemoneh Esreh calling for G-D to accept the Temple service], and the Birkat Kohanim [the Priestly Blessing]. On Shabbat, they added a blessing for the watch that was leaving.

(א) אמר לו צא וטייל (עמו) [עמי] במדינות ובכ"מ ומקום שהיה מוליכו היה רואה איקונים שלו קבועה אמר לו זו מה היא אמר לו איקונים שלי עד שמשכו לבית הכסא אמר לו אדוני המלך רואה אני שבכל המדינה הזו אתה שליט [שבכל מקום ומקום איקונין שלך קבועה] ובמקום הזה אינה קבועה אמר לו את הוא סבא דיהודאי כך הוא כבודו של מלך להיות איקונים שלו קבועה במקום ביזוי במקום משוקץ במקום מטונף אמר לו ולא שמעו אזניך מה שפיך מדבר כך שבחו של הקב"ה להיות שמו מעורב עם הרצחנים עם המנאפים עם הגנבים סילקו והלך לו.

(ג) לֹא יִשְׂכֹּר אָדָם פּוֹעֲלִים בְּשַׁבָּת, וְלֹא יֹאמַר אָדָם לַחֲבֵרוֹ לִשְׂכֹּר לוֹ פוֹעֲלִים.

(3) A person may not hire laborers on Shabbat, nor may one instruct another to hire laborers for him. One may not await nightfall [Shabbat to end] at the Shabbat [travel] boundary in order to hire laborers or to bring produce; but one may await nightfall at the Shabbat boundary in order to guard [his produce] and he may bring produce [home] with him. Abba Shaul stated a principle: [If] I am permitted to instruct about something, I am permitted to await nightfall for it.

(ה) חָצֵר גְּדוֹלָה הָיְתָה בִירוּשָׁלַיִם, וּבֵית יַעְזֵק הָיְתָה נִקְרֵאת, וּלְשָׁם כָּל הָעֵדִים מִתְכַּנְּסִים, וּבֵית דִּין בּוֹדְקִין אוֹתָם שָׁם. וּסְעוּדוֹת גְּדוֹלוֹת עוֹשִׂין לָהֶם בִּשְׁבִיל שֶׁיְּהוּ רְגִילִין לָבֹא. בָּרִאשׁוֹנָה לֹא הָיוּ זָזִין מִשָּׁם כָּל הַיּוֹם, הִתְקִין רַבָּן גַּמְלִיאֵל הַזָּקֵן שֶׁיְּהוּ מְהַלְּכִין אַלְפַּיִם אַמָּה לְכָל רוּחַ. וְלֹא אֵלּוּ בִלְבַד, אֶלָּא אַף הַחֲכָמָה הַבָּאָה לְיַלֵּד, וְהַבָּא לְהַצִּיל מִן הַדְּלֵקָה וּמִן הַגַּיִס וּמִן הַנָּהָר וּמִן הַמַּפֹּלֶת, הֲרֵי אֵלּוּ כְאַנְשֵׁי הָעִיר, וְיֵשׁ לָהֶם אַלְפַּיִם אַמָּה לְכָל רוּחַ:

(5) There was a large courtyard in Jerusalem and it was called Beit Ya'azek; it was there that all the witnesses gathered, and the court would examine them there. Large meals were made for them, in order that they be accustomed to come [and testify]. At first, they did not move from [that courtyard] all day [on Shabbat. Later,] Rabban Gamliel the Elder ordained that they would [be permitted to] go two thousand amot [a specific unit of length] on every side; and it is not only [witnesses that were given this dispensation on Shabbat], but also the midwife, who comes to deliver [a baby]; and one who comes to save [others] from a fire, or from [the attack of a hostile] troop, or from a [flood], or from under the ruins of fallen buildings; behold they are considered as inhabitants of that town [to which they arrived on Shabbat], and [hence] they have two thousand amot on every side [of the town in which they are allowed to move].

(שמות כא, כד) עין תחת עין אמר רחמנא אימא עין ממש לא סלקא דעתך...

תניא ר' דוסתאי בן יהודה אומר עין תחת עין ממון אתה אומר ממון או אינו אלא עין ממש אמרת הרי שהיתה עינו של זה גדולה ועינו של זה קטנה היאך אני קורא ביה עין תחת עין ... תניא אידך רבי שמעון בן יוחי אומר ... הרי שהיה סומא וסימא קיטע וקיטע חיגר וחיגר היאך אני מקיים בזה עין תחת עין...

MISHNA: One who injures another is liable to pay compensation for that injury due to five types of indemnity: He must pay for damage, for pain, for medical costs, for loss of livelihood, and for humiliation. How is payment for damage assessed? If one blinded another’s eye, severed his hand, broke his leg, or caused any other injury, the court views the injured party as though he were a slave being sold in the slave market, and the court appraises how much he was worth before the injury and how much he is worth after the injury. The difference between these two sums is the amount that one must pay for causing damage. How is payment for pain assessed? If one burned another with a skewer [beshapud] or with a hot nail, or even if one burned another on his fingernail, which is a place where he does not cause a bruise that would affect the victim’s value on the slave market, the court evaluates how much money a person with a similar threshold for pain as the victim is willing to take in order to be made to suffer in this way. The one who burned the victim must then pay this amount. How is payment for medical costs assessed? If one struck another, then he is liable to heal him by paying for his medical costs. In a case where growths, e.g., blisters or rashes, appeared on the injured party, if the growths are due to the blow, the one who struck him is liable; if the growths are not due to the blow, the one who struck him is exempt. In a case where the wound healed, and then reopened, and again healed, and then reopened, the one who struck him remains liable to heal the injured party by paying for his medical costs, as it is apparent that the current wound resulted from the original injury. If the injury healed fully, the one who struck him is not liable to heal him by paying for any subsequent medical costs. How is payment for loss of livelihood assessed? The court views the injured party as though he were a watchman of cucumbers, and the one who caused him injury must compensate him based on that pay scale for the income that he lost during his convalescence. This indemnity does not take into account the value of the standard wages of the injured party because the one who caused him injury already gave him compensation for his hand or compensation for his leg, and that compensation took into account his professional skills. How is payment for humiliation assessed? It all depends on the stature of the one who humiliates the other and the one who is humiliated. GEMARA: The Gemara asks: Why does the mishna take for granted the fact that one who caused injury is liable to pay compensation to the injured party? The Merciful One states in the Torah: “An eye for an eye” (Exodus 21:24). You might say that this means that the one who caused injury shall lose an actual eye rather than pay money. The Gemara responds: That interpretation should not enter your mind. The principle implicit in the mishna is derived from a verbal analogy in the Torah, as it is taught in a baraita: Based on the verse: “An eye for an eye, a tooth for a tooth, a hand for a hand, a foot for a foot” (Exodus 21:24), one might have thought that if one blinded the eye of another, the court blinds his eye as punishment; or if one severed the hand of another, the court severs his hand; or if one broke the leg of another, the court breaks his leg. Therefore, the verse states: “One who strikes a person,” and the verse also states: “And one who strikes an animal,” to teach that just as one who strikes an animal is liable to pay monetary compensation, so too, one who strikes a person is liable to pay monetary compensation. And if it is your wish to say that there is an objection to this derivation, there is an alternative derivation: The verse states: “And you shall not take ransom for the life of a murderer, who is guilty of death, for he shall die” (Numbers 35:31). This indicates that it is only for the life of a murderer that you shall not take ransom; but you shall take ransom for one who severed another’s extremities, which is analogous to the death of a limb, as severed limbs do not regenerate. The Gemara asks: To which verse is the baraita referring when it quotes: “One who strikes a person” and: “One who strikes an animal”? If we say that the baraita is referring to the verse: “One who strikes an animal shall pay its compensation, and one who strikes a person shall be put to death” (Leviticus 24:21), this cannot be, as that verse is written with regard to killing, not injury, and there is no monetary compensation for killing. Rather, the baraita references the verse from here: “One who strikes an animal mortally shall pay its compensation, a life for a life” (Leviticus 24:18); and juxtaposed to that is the verse: “And if a man maims his neighbor, as he has done, so shall it be done to him” (Leviticus 24:19). The Gemara challenges: But this latter verse does not use the expression: “One who strikes,” which is the basis for the comparison in the baraita. The Gemara responds: We are stating an analogy from striking to striking that is based not upon the exact phrasing of the verse but upon the details of the halakha, as follows: Just as the act of striking that is stated with regard to an animal renders one liable to pay monetary compensation, so too, the act of striking that is stated with regard to a person renders one liable to pay monetary compensation. The Gemara challenges: But isn’t it written in the verses discussing one who injures another: “And a man who strikes any person mortally shall be put to death” (Leviticus 24:17), which presumably means that in the case of one who severs another’s extremity the same injury, i.e., death of a limb, is done to the one who caused the injury, and he does not pay monetary compensation? The Gemara answers: The verse does not mean that his limb shall be put to death, i.e., removed, but rather, that he should pay compensation with money. The Gemara asks: From where do you say that the verse is referring to paying compensation with money? Why not say that he is punished with actual death i.e., loss of a limb? The Gemara answers: That interpretation should not enter your mind for two reasons. One reason is that this verse is juxtaposed to the following verse: “One who strikes an animal mortally shall pay its compensation” (Leviticus 24:18). And furthermore, it is written after it: “A fracture for a fracture, an eye for an eye, a tooth for a tooth; as he has given a blemish to a person, so shall it be given unto him” (Leviticus 24:20); and learn from the use of the word “given” that the verse is referring to money. The Gemara asks: And what potential difficulty with the first derivation did the baraita refer to when it prefaced its second derivation with the phrase: If it is your wish to say? The Gemara explains: The baraita means that a further difficulty was troubling to the tanna: What did you see that led you to derive the principle of monetary payment from the phrase “one who strikes an animal”? Why not derive the halakha from the verse: “One who strikes a person shall be put to death” (Leviticus 24:21), and learn that causing an injury renders one liable to receive physical retribution, which is analogous to death, and not monetary payment? The Sages say in response: The halakhot of damages are derived from a verse concerning damages, and the halakhot of damages are not derived from a verse concerning death. The Gemara questions this statement: On the contrary, why not say that the halakhot concerning a person are derived from a verse concerning a person, and the halakhot concerning a person are not derived from a verse concerning animals? To deflect this question, this is consistent with that which the second derivation of the baraita teaches: If it is your wish to say that there is an objection to this derivation, there is an alternative derivation, as the verse states: “And you shall not take ransom for the life of a murderer, who is guilty of death, for he shall die” (Numbers 35:31). This indicates that it is only for the life of a murderer that you shall not take ransom; but you shall take ransom for one who severed another’s extremities, which is analogous to the death of a limb, as severed limbs do not regenerate. The Gemara challenges this claim: But is this verse: “You shall not take ransom for the life of a murderer,” coming to exclude the case of one who severs another’s extremities from the prohibition against taking ransom? Isn’t this verse necessary to teach that which the Merciful One states: You shall not mete out two punishments to him; i.e., do not take money from him as ransom and also kill him? The Gemara answers: That halakha is derived from the verse: “Then it shall be, if the guilty deserves to be lashed, that the judge shall lie him down and flog him before him, according to the measure of his evildoing” (Deuteronomy 25:2). From the fact that “evildoing” is singular, the Gemara homiletically infers: For one evildoing, you can render him liable, but you cannot render him liable for two evildoings, i.e., one cannot receive two punishments for the same act. The Gemara challenges this explanation: But the verse: “You shall not take ransom for the life of a murderer, for one who is guilty of death” is still necessary to teach the primary halakha taught in that verse, in which the Merciful One states: You shall not take money and thereby exempt the guilty from being put to death. The verse does not serve to exclude liability to pay damages from the prohibition against paying restitution. The Gemara answers: If so, i.e., if the Torah desires to teach only that the court cannot take ransom to spare the murderer from being put to death, let the Merciful One write in the Torah: “You shall not take ransom” and follow it immediately with the phrase “for one who is guilty of death.” Why do I need the Torah to also state: “For the life of a murderer”? Learn from the addition of that phrase that it is only for a murderer that you shall not take ransom; but you shall take ransom for one who severed another’s extremities, which do not regenerate once severed. The Gemara asks: And once it is written: “You shall not take ransom,” why do I need the first derivation of the baraita, which juxtaposes: “One who strikes a person” to: “One who strikes an animal”? The Sages say in response: If the halakha were to be derived only from that verse which states: “You shall not take ransom” (Numbers 35:31), I would say: If the one who caused the damage desires, he may choose to give his eye, and if he desires, he may choose to give the monetary value of his eye. Therefore, the Torah teaches us to derive this halakha from that of an animal: Just as one who strikes an animal is liable to pay monetary compensation and does not receive corporal punishment, so too, one who strikes a person is liable to pay monetary compensation and does not receive corporal punishment. § The Gemara presents a series of derivations for the principle that one who injures another is liable to pay monetary compensation. It is taught in a baraita: Rabbi Dostai ben Yehuda says: The phrase: “An eye for an eye” (Leviticus 24:20), means monetary restitution. Do you say that he must pay the victim monetary restitution, or is it only teaching that the one who caused the injury must lose an actual eye? You say: There may be a case where the eye of the one who caused the injury is large and the eye of the injured party is small. How can I read and literally apply the phrase “an eye for an eye” in this case? The Gemara continues the derivation: And if you would say that in all cases like this, where their eyes are different sizes, the injured party takes monetary restitution from the one who caused him injury, but in a case where their eyes are the same size, the one who caused injury is punished by actually having his eye removed, this cannot be, as the Torah said: “You shall have one manner of law” (Leviticus 24:22), teaching that the law shall be equal for all of you. The Sages object to this derivation and say: What is the difficulty in saying that his eye should be blinded? Perhaps, as the one who caused the injury took the sight from the injured party’s eye, the Merciful One states that the court should take the sight from his eye as well, no matter the size of the eye. Since, if you do not say so, then by the same logic, in the case of a small person who killed a large person, or a large person who killed a small person, how do we kill the murderer? If one suggests that in such a case a monetary penalty will be imposed, the Torah stated: “You shall have one manner of law” (Leviticus 24:22), teaching that the law shall be equal for all of you, so the punishment must be the same for all murderers. Rather, explain that since the murderer took the life of the victim, the Merciful One states that the court should likewise take the life from him. So too, since the one who caused the injury took the sight from the eye of the injured party, the Merciful One states that the court should likewise take the sight from his eye. Therefore, the Gemara does not accept the derivation of Rabbi Dostai ben Yehuda, in accordance with the objection of the Sages. The Gemara presents another derivation: It is taught in another baraita that Rabbi Shimon ben Yoḥai says: “An eye for an eye” (Leviticus 24:20), is referring to monetary restitution. Do you say that this is referring to monetary restitution, or is it only teaching that the one who caused the injury must lose an actual eye? There may be a case where there was a blind person and he blinded another, or there was one with a severed limb and he severed the limb of another, or there was a lame person and he caused another to be lame. In this case, how can I fulfill “an eye for an eye” literally, when he is already lacking the limb that must be injured? If one will suggest that in that case, a monetary penalty will be imposed, that can be refuted: But the Torah stated: “You shall have one manner of law” (Leviticus 24:22), which teaches that the law shall be equal for all of you. The Sages object to this derivation and say: And what is the difficulty? Perhaps in a case where it is possible to render the guilty party liable according to the punishment listed in the Torah, it is possible and the court does so; but in a case where it is not possible to enact such a punishment, it is not possible, and we exempt him. As if you do not say so, that punishing one and exempting another is not counter to the principle of: “One manner of law,” then by the same logic, in the case of one who has a wound that will cause him to die within twelve months [tereifa] and who killed a healthy person, what do we do to him? Rather, one must say that in a case where it is possible to render the guilty party liable according to the punishment listed in the Torah, it is possible and the court does so; but in a case where it is not possible to do so, it is not possible, and we exempt him. Therefore, the Gemara does not accept the derivation of Rabbi Shimon ben Yoḥai, in accordance with the objection of the Sages. The Gemara presents another derivation: The school of Rabbi Yishmael taught that the verse states: “A fracture for a fracture, an eye for an eye, a tooth for a tooth; as he has given a blemish to a person, so shall it be given unto him” (Leviticus 24:20), and giving can refer only to a payment of money. The Gemara challenges: But if that is so, then when the same verse states: “As he has given [yitten] a blemish to a person,” does this word, “yitten,” also refer to money? The word “yitten” means that he caused an actual injury, even though it employs a term whose literal meaning is give. The Sages say in response: The rabbis of the school of Rabbi Yishmael are interpreting a superfluous verse. Now, it is written: “And if a man gives a blemish to his neighbor; as he has done, so shall it be done to him” (Leviticus 24:19), so why do I need the verse: “So shall it be given unto him” (Leviticus 24:20)? Learn from the repetition that the verse is referring to monetary restitution. The Gemara asks: But if this is so, why do I need the verse: “As he has given [yitten] a blemish to a person” (Leviticus 24:20)? What does the usage of the term “yitten” teach? The Gemara answers: In fact, it does not teach anything, but rather, since the Merciful One needs to write at the end of that verse: “So shall it be given unto him,” where the employment of a term of giving is accurate, the Merciful One also wrote earlier in the verse: “As he has given [yitten] a blemish to a person.” The Gemara presents another derivation: The school of Rabbi Ḥiyya taught that the verse states with regard to conspiring witnesses: “And your eye shall not pity; a life for a life, an eye for an eye, a tooth for a tooth, a hand for a hand, a foot for a foot” (Deuteronomy 19:21). This teaches that the witnesses pay compensation with that which is given from hand to hand. And what type of compensation is that? Monetary restitution. The Gemara challenges: But if that is so, is the phrase: “A foot for a foot” (Deuteronomy 19:21), also like that, i.e., is it teaching that the witnesses pay compensation with an item passed from foot to foot? The Sages say: The rabbis of the school of Rabbi Ḥiyya are interpreting a superfluous phrase in the verse. Now, it is written: “And you shall do to him as he purposed to do to his brother” (Deuteronomy 19:19). If it enters your mind to say that the verse means this literally, why do I need the Torah to specify: “A hand for a hand” (Deuteronomy 19:21)? The punishment will be whatever he purported to do to his brother. Learn from the extra phrase that the punishment is monetary restitution. If so, why do I need the phrase: “A foot for a foot” (Deuteronomy 19:21)? Since it is written: “A hand for a hand,” the Merciful One also wrote in the Torah: “A foot for a foot.” The Gemara presents another derivation: Abaye says that this principle is derived from that which was taught by the school of Ḥizkiyya, as the school of Ḥizkiyya taught that the Torah states: “An eye for an eye” (Exodus 21:24), and: “A life for a life” (Exodus 21:23), but not an eye and a life for an eye. And if it enters your mind to say that the verse means this literally, there could be times when you find a case where both an eye and a life are taken for an eye, i.e., when the one who caused the damage is so weak that as the court blinds his eye, his soul departs from his body. The Gemara objects: And what is the difficulty? Perhaps we evaluate the physical condition of the guilty party; if he can withstand this punishment, then we do blind his eye; if he cannot withstand this punishment, then we do not do so and he goes unpunished. And if we evaluate him and determine that he can withstand this punishment, and we do so to him and blind his eye, and yet his soul departs his body as a result, if he dies, he will die. Didn’t we learn in a mishna with regard to lashes (Makkot 22b): If one was sentenced to be flogged, and the court evaluated him and determined that he could withstand a certain number of lashes, and he dies at the hand of the officer tasked with administering the lashes, then the officer is exempt, even though the one who was flogged was not sentenced to the death penalty? Therefore, the Gemara does not accept the derivation of Abaye. The Gemara presents another derivation: Rav Zevid said in the name of Rabba that the verse states: “A wound for a wound” (Exodus 21:25), to teach that one who injures another must pay compensation for pain, even in a case where he pays compensation for damage. And if it enters your mind that the phrase: “An eye for an eye” (Exodus 21:24), refers to the removal of an actual eye from the one who injured the other, then just as it is so that the injured party has pain from the loss of his eye, the one who caused him injury also has pain when the court removes his eye; why then does the Torah require that he pay compensation for pain as well? The Gemara objects: And what is the difficulty? Perhaps there is a person who is delicate, so he has more pain, and there is a person who is not delicate, so he does not have the same amount of pain. Therefore, even if the court actually removes an eye for an eye, the one who caused the injury might still need to compensate the injured party for pain. What is the practical difference when the Torah states: “A wound for a wound” (Exodus 21:25)? It renders the one who caused the injury liable to give the injured party compensation for the difference between them in pain tolerance. Therefore, the Gemara does not accept the derivation of Rav Zevid. The Gemara presents another derivation: Rav Pappa said in the name of Rava that concerning one who was injured by another, who must pay for damage, the verse states: “If he rises again, and walks outside upon his staff, then he that struck him shall be absolved; only he shall pay for his loss of livelihood, and shall cause him to be thoroughly healed” (Exodus 21:19), which teaches that one who injures another must pay compensation for medical costs even in a case where he pays compensation for damage. And if it enters your mind that the phrase: “An eye for an eye” (Exodus 21:24), is referring to an actual eye, then just as it is so that the injured party needs healing, the one who caused him the injury also needs healing after the court removes his eye; why, then, does the Torah require that he pay compensation for medical costs as well? The Gemara objects: What is the difficulty? Perhaps there is one whose flesh heals quickly, and there is another whose flesh does not heal quickly. Therefore, even if the court actually removes an eye for an eye, the one who caused the injury might still need to compensate the injured party for medical costs. What is the practical difference when the Torah states: “And shall cause him to be thoroughly healed” (Exodus 21:19)? It renders the one who caused the injury liable to give the injured party compensation for the difference between their respective medical costs. The Gemara presents another derivation: Rav Ashi said that the fact that one who injures another pays monetary restitution is derived from a verbal analogy of the word “for,” as written with regard to injuries caused to people from the word “for,” as written with regard to an ox that gored another ox. It is written here: “An eye for an eye” (Exodus 21:24), and it is written there, with regard to a forewarned ox that gored the ox of another: “He shall pay an ox for an ox” (Exodus 21:36). Just as there, the verse does not mean that the owner pays compensation with an actual ox, but rather pays monetary restitution, so too here, one who injures another pays monetary restitution. The Gemara asks: What did you see that led you to derive the halakha from a verbal analogy of the word “for” as stated in the verse with regard to injuries to a person from the word “for” as stated with regard to an ox? Let us learn a verbal analogy of the word “for” as stated in the verse with regard to injuries to a person from the word “for” as stated with regard to a person, as it is written about one who kills another: “You shall give a life for a life” (Exodus 21:23). Just as there, the court punishes the guilty party by taking his actual life, so too here, why not say that the court should take his actual eye? The Sages say in response: The halakha concerning damages is derived from a verse concerning damages, and the halakha concerning damages is not derived from a verse concerning death. The Gemara objects: On the contrary, say that the halakha concerning a person is derived from a verse concerning a person, and the halakha concerning a person is not derived from a verse concerning animals. Rather, Rav Ashi retracted his original statement and said a different derivation: The halakha is derived from a verbal analogy of the word “for” as written with regard to injuries from the word “for” as written with regard to a man who rapes a woman, who must pay monetary compensation. The verse states: “Then the man that lay with her shall give to the girl’s father fifty shekels of silver, and she shall be his wife, for he has afflicted her; he may not send her away all his days” (Deuteronomy 22:29). Based on this verbal analogy, the halakha concerning a person is derived from a verse concerning a person, and the halakha concerning damages is derived from a verse concerning damages. § It is taught in a baraita that Rabbi Eliezer says: The verse that states: “An eye for an eye” (Exodus 21:24), is referring to an actual eye. The Gemara asks: Can it enter your mind that the verse is referring to an actual eye? Doesn’t Rabbi Eliezer understand the verse like all these tanna’im, who explained that this verse is referring to monetary payment? Rabba said in response: Rabbi Eliezer means to say that the court does not appraise the injured party as a slave to assess the compensation for the injury. Abaye said to Rabba: Rather, like whom does the court appraise the injured party? If you say that the court appraises him like a freeman, does a freeman have monetary value? Rather, Rav Ashi said: Rabbi Eliezer means to say that the court does not appraise the injured party as if he were going to be sold as a slave, but rather, they appraise the one who caused him damage. The court appraises how much the latter’s value would be reduced were he to sustain the same injury he caused to the injured party, and he pays this amount as indemnity. § The Gemara relates: There was a certain donkey that severed the hand of a child. The case came before Rav Pappa bar Shmuel. He said to the officers of the court: Go appraise the four types of indemnity for the child. Rava said to him: But didn’t we learn in the mishna that there are five types of indemnity? Rav Pappa bar Shmuel said to him: I was saying to include the indemnities the responsible party is liable to pay other than damage. Abaye said to him: But was this not a donkey that caused this injury, and the owner of a donkey that causes injury pays only for the damage? Rav Pappa bar Shmuel said to the officers of the court: Go appraise for the child the value of his damage. They said to him: But doesn’t the child need to be appraised as a slave? He said to them: Go appraise him as a slave. The father of the child said to them: I do not want my child to be appraised as a slave, because this matter would demean him. They said to the father: But you are acting to the detriment of the child, as he will not receive compensation for his injury. He said to them: When he matures, I will appease him with my own money, rather than see him demeaned now. The Gemara relates another incident: There was a certain ox that chewed [da’alas] the hand of a child, injuring him. The case came before Rava. He said to the officers of the court: Go appraise him as a slave. They said to Rava: But wasn’t it you, Master, who said: With regard to anyone who is appraised as a slave in order to determine the amount of a monetary penalty, that penalty is not collected by courts in Babylonia? Rava said to them: It is not necessary to appraise his value in order to force the guilty party to pay restitution, but it is nevertheless necessary to determine his value. This is because if the injured party seizes property from the one who caused him injury, and that property is equal in value to what the payment should be, the court will not compel him to return it. The Gemara notes: Rava conforms to his standard line of reasoning, as Rava says: Compensation for damage to an ox caused by an ox and for damage to an ox caused by a person is collected by courts in Babylonia, but compensation for damage to a person caused by a person and for damage to a person caused by an ox is not collected by courts in Babylonia. The Gemara clarifies: What is different about compensation for damage to a person caused by a person and for damage to a person caused by an ox, that it is not collected in Babylonia? If you say that we require ordained judges to collect damages, and there are not any ordained judges in Babylonia, then so too, in a case of damage caused by an ox to an ox, and damage caused by a person to an ox,

מעשה באדם אחד שעמד לפני שמאי א״ל רבי כמה תורות יש לכם א״ל שתים אחת בכתב ואחת בע״פ.

(א)וַיְדַבֵּר אֱלֹהִים אֵת כָּל הַדְּבָרִים הָאֵלֶּה לֵאמֹר, אָנֹכִי ה'. אָמַר רַבִּי יִצְחָק: אַף מַה שֶּׁהַנְּבִיאיִם עֲתִידִין לְהִתְנַבְּאוֹת, כֻּלָּם קִבְּלוּ מֵהַר סִינַי. מִנַּיִן? דִּכְתִיב: כִּי אֶת אֲשֶׁר יֶשְׁנוֹ פֹּה עִמָּנוּ עֹמֵד הַיּוֹם (דברים כט, יד), הֲרֵי מִי שֶׁנִּבְרָא כְּבָר. יֶשְׁנוֹ, מִי שֶׁהוּא בָּעוֹלָם. וְאֵת אֲשֶׁר אֵינֶנּוּ, הֲרֵי מִי שֶׁעָתִיד לְהִבָּרְאוֹת וְאֵינֶנּוּ. עִמָּנוּ הַיּוֹם, עִמָּנוּ עוֹמֵד אֵין כְּתִיב כָּאן אֶלָּא עִמָּנוּ הַיּוֹם, אֵלּוּ הַנְּפָשׁוֹת שֶׁעֲתִידִין לְהִבָּרְאוֹת, שֶׁלֹּא נֶאֱמַר בָּהֶן עֲמִידָה, שֶׁאַף הֵן הָיוּ בִּכְלָל.

... וְלֹא הַנְּבִיאִים בִּלְבַד, אֶלָּא אַף כָּל הַחֲכָמִים שֶׁהָיוּ וְשֶׁעֲתִידִין לִהְיוֹת, שֶׁנֶּאֱמַר: אֶת הַדְּבָרִים הָאֵלֶּה דִּבֶּר ה' אֶל כָּל קְהַלְכֶם (דברים ה, יט). וּמַהוּ קוֹל גָּדוֹל וְלֹא יָסָף (דברים ה, יט).

(1) And God spoke all these words, saying: “I am the Lord thy God” (Exod. 20:1). R. Isaac said: All the prophets received the inspirations for their future prophesies at Mount Sinai. How do we know this to be so? It is written: But with him that standeth here with us this day before the Lord our God, and also with him that is not here with us this day (Deut. 29:14). That standeth here with us this day refers to those who were already born, and with him that is not here alludes to those who were to be born in the future. Hence they are not with us this day. “Not standing here with us this day” is not written in this verse, but rather Is not here with us this day. This alludes to the souls who were to be created in the future, since standing here could not be said of them. They were included in the general statement. And that is why the verse states: The burden of the word of the Lord to Israel by Malachi (Mal. 1:1). It does not say “of Malachi,” but merely by Malachi, indicating that the prophecy had been transmitted to him previously at Sinai. Similarly Isaiah said: Come ye near unto Me, hear ye this: From the beginning I have not spoken in secret; from the time that it was, there am I; and now the Lord hath sent me, and His spirit (Isa. 48:16). Isaiah is saying here that at the time the Torah was given I received the prophecy. Hence it says: from the time that it (the Torah) was, there am I; and now the Lord God hath sent me, and His spirit, but until now He did not give me permission to prophesy.

(2) Not only the prophets but also the wise men who were there, and those who were destined to come, received their inspiration at Sinai, as it is said: These words the Lord spoke unto all your assembly … with a great voice, and it went on no more (Deut. 5:19). What is meant by a great voice, and it went on no more? Our sages said: The entire Ten Commandments came forth from the mouth of the Mighty One in sound. This was an extremely difficult procedure. No ordinary individual is able to speak in that fashion nor is any human ear able to endure such a sound. Therefore it is written: My soul failed me when he spoke (Song 5:6). With a great voice, and it went on no more. The voice divided itself into seven different sounds, and then turned into seventy different languages.14So that all the world’s nations would hear it.

(3) R. Samuel the son of Nahman stated that R. Jonathan discussed the meaning of the words The voice of the Lord is powerful (Ps. 29:4). Is it reasonable to make this statement? No creature is able to endure the sound of the voice of even a single angel, as it is said: His body also was like the beryl, and his face as the appearance of lightning, and his eyes as torches of fire, and his arms and his feet like in color to burnished brass, and the voice of his words like the voice of a multitude (Dan. 10:6). How much more, then, is this so of the voice of the Holy One, blessed be He, concerning whom it is written: Do I not fill heaven and earth? (Jer. 23:24). Was it necessary for Him to speak in a powerful voice? (No.) Only in a voice that Moses was able to tolerate.

לפיכך נתבעו אומות העולם, כדי שלא ליתן פתחון פה להם כלפי שכינה, לומר אלו נתבענו כבר קיבלנו עלינו. הרי שנתבעו – ולא קבלו עליהם! שנאמ' (דברים לג ב) "ויאמר ה' מסיני בא..." ונגלה על בני עשו הרשע ואומר להם: מקבלים אתם את התורה? אמרו לו: מה כתיב בה? – אמר להם "לא תרצח". אמרו: זו היא ירושה שהורישנו אבינו, שנאמר (בראשית כז מ) "על חרבך תחיה"! נגלה על בני עמון ומואב, אמר להם: מקבלים אתם את התורה? אמרו לו: מה כתוב בה? – אמר להם "לא תנאף". אמרו לו: כולם בני מנאפים הן, דכתיב (בראשית יט לו) "ותהרין שתי בנות לוט מאביהם", והיאך נקבלה? נגלה על בני ישמעאל, אמר להם: מקבלין אתם את התורה? אמרו לו: מה כתוב בה? – אמר להם "לא תגנוב". אמרו לו: בזו הברכה נתברך אבינו, דכתיב (בראשית טז יב) "הוא יהיה פרא אדם", וכתיב (בראשית מ טו) "כי גנוב גנבתי". וכשבא אצל ישראל (דברים לג ב) "מימינו אש דת למו" פתחו כלם פיהם ואמרו (שמות כד ז) "כל אשר דבר ה' נעשה ונשמע"! ​​​​​​​

(1) (Ibid. 20:1) "And G d (Elokim) spoke": "Elokim" connotes "a judge," to exact punishment and trusted to reward. "all of these things": in a single utterance, an impossibility for flesh and blood. If so, how are we to understand "I am the L rd your G d," There shall not be unto you," etc." We are hereby apprised that the Holy One Blessed be He uttered all of the Ten Commandments in one pronouncement and then reiterated each commandment individually. I might then think that all of the commandments in the Torah were thus uttered. It is, therefore, written "all of these things": These were uttered in one pronouncement, and all the others, individually.,"saying": They responded to an affirmative (i.e., "You shall, etc.") in the affirmative ("Yes") and to a negative, in the negative. R. Akiva says: to an affirmative in the affirmative, and to a negative in the affirmative. Variantly: "saying": Go and say to them (what I have told you) and return their reply to Me. And whence is it derived that He did so? From (Ibid. 19:8) "And Moses returned the words of the people to the L rd." And whence is it derived that He acknowledged their words? From (Devarim 18:17) "They have done well in speaking as they did."

(2) (Yithro 20:2) "I am the L rd your G d": Why were the ten commandments not stated at the beginning of the Torah? An analogy: A man enters a province and says (to the inhabitants): I will rule over you. They respond: Did you do anything for us that you would rule over us? Whereupon he builds the (city) wall for them, provides water for them, wages war for them, and then says: I will rule over you — whereupon they respond: Yes! Yes! Thus, the L rd took Israel out of Egypt, split the sea for them, brought down manna for them, raised the well for them, brought in quail for them, waged war with Amalek for them, and then said to them: I will rule over you — whereupon they responded: Yes! Yes! Rebbi says: (The thrust of "your [singular] G d") is to apprise us of the eminence of Israel, that when they all stood at Mount Sinai to receive the Torah, they were all of one heart, to receive the kingdom of Heaven with joy. And, what is more, they all stood security for each other (for observance of the mitzvoth.) And not only over what was revealed alone did the Holy One Blessed be He appear to them (in Arvoth Moav, viz. Devarim 29:9) to forge a covenant with them, but even over what was concealed, as it is written (Devarim 29:28) "What is hidden (is known to) the L rd our G d, and what is revealed is for us and for our children forever" — this, by way of saying: Over what is revealed we will enter into a covenant with you, but not over what is concealed, so that one not sin in secret and the congregation be bound thereby.,"I am the L rd your G d who took you out of the land of Egypt." What is the intent of this? Because He appeared at the Red Sea as a hero waging war, viz. (Exodus 15:3) "The L rd is a Man of war," and at Mount Sinai, as an elder full of mercy, so as not to provide an opening for the nations of the world to say that there are two Deities, (He said) "I am the L rd your G d." It was I at the Red Sea, and it is I on the dry land. It was I in the past and it will be I in time to come. I in this world and I in the world to come. As it is written (Devarim 32:29) "See, now, that I, I am He," (Isaiah 46:4) "And until you grow old, it is I," (Ibid. 44:6) "Thus said the L rd, the King of Israel, and its Redeemer, the L rd of hosts: I am first and I am last," and (Ibid. 41:4) "Who wrought and did, the caller of the generations from the beginning? I, the L rd, am first, and with the last it will be I." R. Nathan says: This is the retort to those heretics who would contend that there are two Deities. When the Holy One Blessed be He stood (at Mount Sinai) and said "I am the L rd your G d," who stood up and contended with Him? If you would say that this took place in concealment, is it not written (Ibid. 45:19) "Not in secret did I speak, etc." I did not reserve it (the Torah) for them alone. And thus is it written (Ibid.) "I, the L rd, speak righteously; I tell what is true." ,Variantly: "I am the L rd your G d": When the Holy One Blessed be He stood and said "I am the L rd your G d," the mountains shook and the hills quivered, and Tavor came from Be'er Elim and Carmel from Aspamia, as it is written (Jeremiah 46:18) "As I live, says the King — the L rd of hosts is His name — that as Tavor among the mountains and as Carmel by the sea shall he come," each one saying "It is I who was called." But once they heard from His mouth "who took you out of the land of Egypt," each remained in its place, saying "He intends only those whom He took out of Egypt."...,Variantly: "I am the L rd your G d": When the Holy One Blessed be He arose and proclaimed "I am the L rd your G d," the earth took ill, as it is written (Judges 5:4) "O L rd, when You came forth from Seir, when You strode from the field of Edom, the earth shook; the heavens, too, dripped," and (Ibid. 5) "Mountains dripped before the L rd," and (Psalms 29:4) "The voice of the L rd in strength; the voice of the L rd in glory!" … (Ibid. 9) "And in His sanctuary all proclaim "'Glory!'" Until their houses were suffused with the splendor of the Shechinah… And it was for this reason that the nations of the world were solicited (to accept the Torah.) So as not to give them a pretext vis-à-vis the Shechinah — to say: Had we been solicited, we would have accepted it. They were solicited and did not accept it! As it is written (Devarim 33:2) "And he said: L rd came from Sinai, etc." He came and revealed Himself to the sons of the wicked Esav and asked them: Will you accept the Torah? They: What is written in it? He: "You shall not kill." They: But this is what we have inherited from our father, as it is written (Genesis 27:40) "By your sword shall you live!" He revealed Himself to the sons of Ammon and Moav and asked them: Will you accept the Torah? They: What is written in it? He: "You shall not commit adultery." They: But we are all the sons of incest, as it is written (Genesis 19:36) "And the two daughters of Lot conceived by their father." How, then, shall we accept it? He came and revealed Himself to the sons of Ishmael and asked them: Will you accept the Torah? They: What is written in it? He: "You shall not steal." They: But this is the blessing by which our father was blessed, as it is written (Genesis 16:12) "And he (Ishmael) shall be a brutish man, etc." And when He came to Israel (Devarim 32:2), "in His right hand, the fire of the Law for them," they all opened their mouths and cried (Exodus 24:7) "All that the L rd says, we shall do and we shall hear!" And thus is it written (Habakkuk 3:6) "He stood and measured the land; He looked and dispersed the nations." R. Shimon b. Elazar said: If the sons of Noach could not abide by the seven mitzvoth commanded them, how much more so (could they not abide) by all the mitzvoth of the Torah! An analogy: A king appoints two caretakers, one over stores of grain, and one over stores of silver and gold. The first bridles at not having been appointed over the stores of silver and gold, and the second says to him: Empty one, if you were faithless with grain, how much more so with silver and gold! If the sons of Noach could not abide by seven mitzvoth alone, how much more so (could they not abide by the six hundred and thirteen mitzvoth (of the Torah)! Why was the Torah not given in Eretz Yisrael? So as not to provide a pretext to the nations of the world, viz.: Because it was not given in our land, that is why we did not accept it. Variantly: So as not to rouse contention among the tribes, one saying, it was given in my land; the other: it was given in my land. That is why it was given in the open desert. In three settings was the Torah given — desert, fire, and water. Just as these are free for all, so, Torah. ,"who took you out from the land of Egypt": They were servants of kings. You say, they were servants of kings, but perhaps they were servants of servants. (Devarim 7:8) "And he redeemed you from the house of servants, from the hand of Pharaoh, the king of Egypt," makes it clear that they were servants of kings and not servants of servants. Variantly: ("from the house of servants":) from the house of the servants of idolatry.

(3) (20:3) "There shall not be unto you any other gods before My presence": What is the intent of this? An analogy: A king of flesh and blood enters a province and his servants say to him: Make decrees for them. He: When they accept my rule, I will make decrees for them. For if they do not accept my rule, they will not accept my decrees. Thus did the L rd say to Israel: "I am the L rd your G d. There shall not be unto you, etc.": Am I He whose rule you have accepted? They: Yes. He: Just as you have accepted My rule, accept My decrees — There shall not be unto you any other gods before My presence. R. Shimon b. Yochai says: As stated elsewhere (Leviticus 18:2) "Am I the L rd (whose rule you accepted on Sinai)? They: Yes. He: You accepted My rule? Accept My decrees — (Ibid. 3) "As the deeds of the land of Egypt in which you dwelt you shall not do, etc." And so here: Am I the L rd your G d who took you out of the land of Egypt, whose rule you accepted? — Accept My decrees. "There shall not be unto you": What is the intent of this? (Ibid. 4) "You shall not make for yourself a graven image or the likeness, etc." would imply only that it is forbidden to make it. Whence do we derive that you may not keep what is already made? It is, therefore, written "There shall not be unto you." "other gods": Now are there other gods? Is it not written (Isaiah 37:18) "and placed their gods into fire, for they are not gods"? What, then, is the intent of "other gods"? That others call "gods." Variantly: "elohim acherim"? They "delay" ("me'achorim") good from entering the world. Variantly: "elohim acherim": They are "others" (i.e., indifferent) to those who serve them. And thus is it written (Ibid. 46:7) "He cries out to it, but it does not answer; it does not save him from his affliction." R. Yossi says: Why "other gods"? Not to give a pretext to the nations of the world to say: If they were called by His name, they would be effectual. Behold, they were called by His name and they remained ineffectual! And when were they called by His name? In the days of Enosh the son of Sheth, viz. (Genesis 4:26) "Then (men and images) were called profanely in the name of the L rd, (being rendered deities)" — whereupon Oceanus rose and flooded a third of the world, the L rd, as it were, telling them: You did a new thing and "called"; I, too, shall do a new thing and I shall "call" (to the waters of the sea), as it is written (Amos 5:8) "He 'calls' the waters of the sea, etc." R. Eliezer says: "elohim acherim": They "renew" gods for themselves every day. How so? If one had a golden god and he needed gold, he make it of silver. If he needed that, he made if of copper. If he had a copper god and he needed copper, he made it of iron or of lead. And thus is it written (Devarim 32:17) "new ones (gods), newly come." R. Yitzchak says: If we were to write down all the names of their gods, all the hides in the world would not avail, (wherefore, perforce, they must be referred to generically as "gods." R. Chanina b. Antignos says: (in confirmation of the above) Witness the Torah's denomination of (the god) Molech — anything (is called "a god") that you make a king ("melech") over you, even a chip or a shard. Rebbi says: "elohim acherim": They (these "gods") are the last (achronim) of the creations (i.e., men). And who is the "last" of the creation? One who calls them "gods." ,"before My presence": What is the intent of this? So that no pretext be given to Israel to say that idolatry was forbidden only to those who left Egypt — wherefore it is written "My presence," i.e., Just as I live and endure forever and ever, so, you and your children and your children's children may not serve idols — to the end of all the generations.

(4) (Ibid. 4) "You shall not make for yourself an idol (lit., "a carving")": I might think that he may not make one that projects but he may make one that is flat. It is, therefore, written "any likeness." I might think that he may not make a flat one, but that he may make (an idol of) a planting. It is, therefore, written (Devarim 16:25) "You shall not plant for yourself an asheirah." I might think that he may not plant one, but that he may make one of wood. It is, therefore, written (Ibid.) "any wood." I might think that he may not make one of wood, but that he may make one of stone. It is, therefore, written (Leviticus 26:1) "And a covering stone, etc." I might think that he may not make one of stone, but that he may make one of silver. It is, therefore, written (Exodus 20:20) "gods of silver." I might think that he may not make one of silver, but that he may make one of gold. It is, therefore, written (Ibid.) "and gods of gold." I might think that he may not make one of gold, but that he may make one of copper or tin or lead. It is, therefore, written (Exodus 34:13) "Molten gods you shall not make for yourself." I might think that he may not make for himself the likeness of all these but that he may make one of any form. It is, therefore, written (Devarim 4:16) "Lest you corrupt yourselves and make … of any form." I might think that he may not make one of any form, (of human being), but that he may make one of the likeness of an animal, beast, or bird. It is, therefore, written (Ibid. 17) "the figure of any beast, etc." I might think that he may not make the likeness of all of these, but that he may make the likeness of fish, hoppers, reptiles, and creeping things. It is, therefore, written (Ibid. 19) "any thing that creeps on the ground." I might think that he may not make the likeness of sun, moon, stars, and constellations. It is, therefore written (Ibid. 19) "And lest you lift your eyes to the heavens, etc." I might think that he may not make the likeness of any of these, but he may make the likeness of angels, cherubs, ofanim and chashmalim (angelic entities). It is, therefore, written (Ibid. 39) "in the heavens." If "in the heavens," I might think that he may not make the likeness (only) of sun, moon, and stars. It is, therefore, written (Ibid.) "above" — neither the likeness of cherubs or ofanim. I might think that he may not make the likeness of all these, but he may make the likeness of the depths or of darkness. It is, therefore, written (Ibid. 18) "which is in the waters beneath the earth." To include reflected images. These are the words of R. Akiva. Others say: To include shavririm (water creatures). So far did the Holy One Blessed be He pursue the yetzer hara (the evil inclination) to give it no pretext for permissiveness (in this area).

(5) (20:5) "You shall not bow down to them and you shall not serve them." What is the intent of this? From (Devarim 17:3) "… and he go and serve other gods and he bow down to them," I would not know whether he is liable for the serving in itself and for the bowing down in itself or that he is not liable until he serves and bows down; it is, therefore, written (here) "You shall not bow down to them and you shall not serve them" — to make each liable in itself. Variantly: What is the intent of "You shall now bow down"? (Exodus 22:19) "He who slaughters to a god shall be put to death — only to the L rd alone" tells us of the punishment. Whence (do we derive) the exhortation? From "You shall not bow down." (Ibid.) "for I am the L rd your G d, a G d of rancor": I rule over wrath and wrath does not rule over Me. As it is written (Nachum 1:2) "The L rd is vengeful and the Master of wrath." Variantly: "I am the L rd your G d, a G d of rancor": With rancor I exact payment for idolatry, but I am merciful and compassionate in other thins. A certain philosopher asked R. Gamliel: It is written in your Torah "for the L rd your G d is a wrathful G d." Now is there power in idolatry to arouse wrath (in G d)? One here is envious of another; one sage is envious of another, one man of wealth is envious of another. But is there power in idolatry to arouse wrath (in G d)? He answered: If a son called a dog by his father's name, and when he bowed, he did so "by the life of this dog" ("father'), against whom will the father's wrath be aroused? Against the son or the father? He (the philosopher) then said to him: Do you call it (idolatry) "a dog"? Is there not a need for some of it? He answered: What did you see (that makes you think so)? He answered: A fire once consumed a certain province except for their house of idolatry. Is it not that it (the idolatry) stood up for itself? R/ Gamliel: I will give you an analogy. A king of flesh and blood, when he goes out to war, with whom does he fight? With the living or with the dead? The philosopher: With the living. The philosopher (asks further): If He does not need some of it (i.e., those things which are the object of idolatry), why does He not destroy them? R. Gamliel: Do you serve only one thing? You serve the sun, the moon, the stars, the constellations, the mountains, the hills, the water courses, the ravines, and even men! Shall His world go lost because of the fools? ,(Ibid.) "He visits the sins of the fathers upon the children (for the third and the fourth generations"): when they (the generations) are consecutive. How so? An evildoer, the son of an evildoer, the son of an evildoer; a renegade, the son of a renegade, the son of a renegade. When Moses heard this, he bowed to the ground and prostrated himself, saying, G d forbid, there is no evildoer, the son of an evildoer, the son of an evildoer in Israel! If G d's measure for punishment is four generations, is his measure for good also four generations? It is, therefore, written (6) "for thousands." From "thousands" I would understand the minimum of "thousands" — two. It is, therefore, written (Devarim 7:9) "for a thousand generation" — without limit and without number.

(6) (Ibid. 6) "for My lovers and for the keepers of My mitzvoth": "for My lovers": our father Abraham and the like. "and for the keepers of My mitzvoth": the prophets and the elders. R. Nathan says: "for My lovers and the keepers of My mitzvoth": the Jews who dwell in Eretz Yisrael, and give their lives for the mitzvoth. Why are you going out to be executed? Because I circumcised my son, the Jew. Why are you going out to be burned? Because I read in the Torah. Why are you going out to be crucified? Because I ate matzoh. Why are you being given a hundred lashes? Because I took the lulav. And (Zechariah 13:6) "wherewith I was beaten in the house of my Lover" — these lashes have caused me to be beloved by my Father in heaven.

(7) (Ibid. 7) "You shall not take the name of the L rd your G d in vain": A vain oath, too, was included in (Leviticus 19:12) "You shall not swear falsely in My name," and Scripture removed it from its class to exempt it from an oath, viz. (Leviticus 5:4) "Or if a soul swear in uttering with his lips, etc.", Scripture being more stringent with it (a vain oath) and exempting it from an offering — I would think that just as it is exempt from an offering, it is exempt from stripes. It is, therefore, written "You shall not take the name of the L rd your G d in vain" — It was exempt from an offering, but not from stripes.,You shall not take": What is the intent of this? (Leviticus 19:12) "You shall not swear falsely in My name" speaks only of swearing. Whence is it derived that it is also forbidden to take it upon oneself to swear? From "You shall not take the name of the L rd your G d in vain." So long as you do not take it upon yourself to swear I am your G d, (tempering justice with mercy.) Once you take it upon yourself to swear, I am your "Judge" (connoting absolute justice). For it is written (Exodus 34:7) "and cleanse He will not cleanse." It cannot be said that he will not be cleansed (at all), for it is written "and cleanse," and it cannot be said that he will be (entirely) cleansed for it is written "He will not cleanse." The meaning must perforce be that He cleanses those who repent, and He does not cleanse those who do not repent. I might think that here, too, (in the instance of a vain oath) the same obtains. It is, therefore, written (Ibid. 20:7) "for the L rd will not cleanse, etc." Because of (the following) four things R. Mattia b. Charash went to R. Elazar b. Hakappar in Ludia. He said to him: My master, did you hear of the four divisions of atonement expounded by R. Yishmael? He answered: One verse states (Jeremiah 3:14) "Repent, you wayward sons" — which indicates that penitence atones. Another verse states (Leviticus 16:30) "On this day, atonement will be made for you" — which indicates that Yom Kippur atones. One verse states (Psalms 89:33) "I will punish their offense with the rod, and their transgression with plagues" — which indicates that afflictions atone. And another verse states (Isaiah 22:14) "This transgression will not be forgiven you until you die" — which indicates that death atones. How are these four verses to be reconciled? If one transgresses a positive commandment and repents, he "does not move from there" until he is forgiven. And of this it is written "Repent, you wayward sons." If one transgresses a negative commandment and repents, there is no power in penitence to atone; but penitence suspends (punishment) and Yom Kippur atones. And of this it is written "On this day atonement will be made for you." If one willfully transgresses (sins punishable by) krithuth (cutting-off) and judicial death penalty and repents, there is no power in penitence to suspend, but penitence and Yom Kippur atone for one half, and afflictions purge and atone for the other half. And of this it is written "I will punish their offense with the rod, and their transgression with plagues." If one desecrates the name of heaven and repents, there is no power in penitence to suspend or on Yom Kippur to atone, or in afflictions alone to purge. But penitence, Yom Kippur, and afflictions suspend, and the day of death purges. And of this it is written ("This transgression will not be forgiven you) until you die." And (I Samuel 3:14) "The transgression of the house of Eli will not be atoned for by sacrifice or offering." It is not atoned for by sacrifice or offering, but it is atoned for by death. Rebbi says: I used to think that they day of death does not atone, but (Ezekiel 37:13) "when I open your graves (and take you out of your graves, etc.") indicates that the day of death does atone. Rebbi says: For everything from "You shall not take the name" and down, penitence does atone. From "You shall not take the name" and up, including "You shall not take the name," penitence suspends and Yom Kippur atones. And which is from "You shall not take the name" and down? A positive commandment and a negative commandment, aside from "You shall not take the name." (Which is) from "You shall not take the name" and up? Transgressions punishable by judicial death penalty, death at the hands of Heaven, kareth, forty lashes, sin-offerings and guilt-offerings, and "You shall not take the name" among them.

(8) (Ibid. 20:8) "Remember the Sabbath day to sanctify it": "Remember" and "Keep" (the Sabbath day to sanctify it [Devarim 5:12]) were both stated in one pronouncement. (Exodus 31:14) "Its profaners shall be put to death" and (Numbers 28:9) "And on the Sabbath day, (sacrifice) two yearling lambs" were both stated in one pronouncement (Leviticus 18:16) "the nakedness of your brother's wife" and (Devarim 25:5) "Her yavam (levir, i.e., her brother-in-law) shall come upon her" were both stated in the same pronouncement. (Ibid. 22:11) "You shall not wear sha'atnez, wool and linen together" and (Ibid. 12) "Fringes (involving sha'atnez) shall you make for yourself" were both stated in the same pronouncement — something beyond the powers of a human being to say. As it is written (Psalms 62:12) "One thing has G d spoken, these two have I heard." (Jeremiah 23:29) "Is My word not like fire, says the L rd (and like a hammer shattering rock!") ,"Remember" and "Keep" — Remember it beforehand and keep it afterwards — whence they ruled: We are to add from the mundane to the holy — as a wolf tears both what is before him and what is behind him. Elazar b. Chananiah b. Garon says: "Remember the Sabbath day to sanctify it": Remember it from the first day of the week, so that if you come upon a rare bit, ready it for the Sabbath. R. Yitzchak says: Do not count (the days) as others count, but count vis-à-vis the Sabbath (e.g., "Today is the fourth day of the Sabbath"),"to sanctify it": with a blessing — whence they ruled: It is sanctified by wine (i.e., "kiddush") upon its entry. This tells me only of kiddush at night. Whence do I derive (the same for )kiddush in the daytime? From "Remember the day of Sabbath." This tells me only of (kiddush for) the Sabbath. Whence do I derive (the same for) the festivals? From (Leviticus 23:4) "These are the festivals of the L rd, which (including the Sabbath) you shall "call" (in the kiddush) in their times."

(9) (Exodus, Ibid. 9) "Six days shall you work": Now is it possible for a man to do his work in six days? The meaning is, rather: Rest as if all your work has been done. Variantly: Rest from thoughts of work. As it is written (Isaiah 59:13) "If you turn your feet back from the Sabbath," (Ibid. 14) "then you will find pleasure in the L rd."

(10) (Exodus, Ibid. 10) "And the seventh day is Sabbath to the L rd your G d. You shall not perform any labor." What is the intent of this? (Exodus 31:15) "Everyone who does labor on the seventh day, die, he shall die" tells us of the punishment. Whence do we derive the exhortation? From "And the seventh day … you shall not perform any labor." This tells me only of the punishment and the exhortation for the labor of the day. Whence do I derive (the same for) the labor of the night? From (Ibid. 14) "those who desecrate it (subsuming both day and night), die, he shall die." This tells me only of punishment (for labor at night). We have not yet heard the exhortation. It is, therefore, written "And the seventh day is Sabbath to the L rd your G d. Let "Sabbath" not be mentioned (i.e., "seventh day" is sufficient). It is mentioned to include the night in the exhortation. R. Achai b. Yoshiyah says: (Ibid.) "you and your son, and your daughter" — These are minors. __ But perhaps grown children are referred to. __ Would you say that? Have they not already been exhorted/ What, then, must be the intent of "you and your son and your daughter'? These are minors (i.e., the father is exhorted to keep them from labor.) ,(Ibid.) "your man-servant and your maid-servant": These are children of the covenant. You say they are children of the covenant, but perhaps (by "man-servant") an uncircumcised servant is referred to. __ (This cannot be,) for (Exodus 23:12) "and there be refreshed the son of your maid-servant and the stranger already refers to an uncircumcised servant. How, then, are "your man-servant and your maid-servant to be understood? As children of the covenant....,"and your sojourner in your gates": This is a ger tzedek (a "righteous sojourner," one who has converted to Judaism.) But perhaps it is a ger toshav (a "resident sojourner," one who does not serve idols and who observes the seven Noachide laws)? (This cannot be, for) (23:12) "and the sojourner" already speaks of a ger toshav. How, then, am I to understand "and your sojourner"? As referring to a ger tzedek.

(11) "For six days, etc.": We are hereby apprised that the "day" (of Sabbath) is equivalent to the entire creation., "and He rested on the seventh day"? Now is He subject to "weariness"? Is it not written (Isaiah 40:28) "He does not tire and He does not weary," and (Ibid. 29) "He gives strength to the weary," and (Psalms 33:4) "By the word of the L rd the heavens were made"? What, then, is the intent of "and He rested"? The L rd is writing of Himself that He created the world in six days and "rested" as, it were, on the seventh. Now does this not follow a fortiori: If He, who is not subject to weariness, writes of Himself that He created the world in six days and rested on the seventh, then a man, of whom it is written (Iyyov 5:7) "Man is born for toil, how much more so (should he rest)!, "For this the L rd blessed the Sabbath day and He sanctified it": He blessed it with the manna (by providing a double portion on the sixth day), and he sanctified it with the manna (by not having it fall on the Sabbath). These are the words of R. Yishmael. R. Akiva says: He blessed it with the manna and sanctified it with a blessing ("who sanctifies the Sabbath"). R. Yitzchak says: He blessed it with the manna and sanctified it with (abstention from) labor. R. Shimon b. Yochai says: He blessed it with the manna and sanctified it with the luminaries, (which functioned the entire night of the first Sabbath.) R. Shimon b. Yehudah of Kfar Acco says in the name of R. Shimon. He blessed it with the manna and sanctified it with the luminescent countenance of Adam. Thus: "For this the L rd blessed the day of Sabbath and sanctified it."

(12) (Ibid. 12) "Honor your father and your mother": I would think (that they are to be honored) with words. It is, therefore, written (Mishlei 3:9) "Honor the L rd from your wealth." Just as there, "wealth," here, too, food, drink, and a new garment (are understood). Variantly: "Honor your father and your mother': (Leviticus 19:3) "A man, his mother and his father shall you fear," this tells me only of a man. Whence do I derive (the same for) a woman/ Whence do I derive (the same for) a tumtum (one of indeterminate six) or a hermaphrodite? It is, therefore, written "Honor your father and your mother," — in any event. Just as with honor (of parents) there is no distinction between a man or a woman, so, with fear. R. Yehudah b. Betheira says: It is written: "A man, his mother and his father shall you fear and My Sabbaths shall you keep." Just as with (keeping of) Sabbath, there is no distinction between a man or a woman, so, with honor (of parents), there is no distinction between man or woman, tumtum or hermaphrodite. Rebbi says: Beloved is the honoring of parents by Him who spoke and brought the world into being, His having equated their honor and fear to His honor, and their curse (i.e., their being cursed) to His. It is written "Honor your father and your mother" and, correspondingly, "Honor the L rd from your wealth" — their honor being equated. It is written "A man, his mother and his father shall you fear" and (Devarim 6:13) "The L rd your G d shall you fear" — their fear being equated. I is written (Exodus 21:17) "And one who curses his father and his mother" and "A man, if he curse his G d" — their cursing (i.e., their being cursed) being equated. Come and see their reward. It is written "Honor the L rd from your wealth" and, correspondingly, (Ibid. 10) "And your bread will be filled with grain"; Honor your father and your mother" and correspondingly, (Ibid.) "so that your days be prolonged." The L rd your G d shall you fear" — (Malachi 3:20) "And there shall shine for you, who fear My name, a sun of bounty." "A man, his mother and his father shall you fear and My Sabbaths shall you keep." It (fear of mother and father) is likened to Sabbath. What is written of Sabbath? (Isaiah 58:13) "If you keep your feet from (dishonoring) the Sabbath … (14) then you will find pleasure in the L rd and I will set you on the heights of the earth, etc." R. Eliezer says; It is revealed and known to Him who spoke and brought the world into being that a man honors his mother more than he does his father because she cajoles him with words — wherefore he placed father before mother vis-à-vis honor (i.e., "Honor your father and your mother"). And it is revealed and known to Him who spoke and brought the world into being that a man fears his father more than he does his mother because he teaches him Torah — wherefore he placed mother before father vis-à-vis fear (i.e., "A man, his mother and his father shall you fear"), "compensating," as it were, for the lack. __ But perhaps whoever comes first in Scripture takes precedence in practice? (This is not so,) for it is written "A man, his mother and his father shall you fear," (the Hebrew phrasing implying that) they are equivalent vis-à-vis practice.,"Honor your father and your mother, etc.": If you honor them, "so that your days be prolonged." If not, so that they be shortened. For the words of Torah are terse, the positive implying the negative and the negative, the positive.,"on the earth, etc." And beth-din is not exhorted to this end (i.e., to force one to honor his parents), ad they stated: Any mitzvah whose reward is alongside it (e.g., "so that your days be prolonged"), the terrestrial beth-din is not exhorted to that end.

(13) (Ibid.) "You shall not kill": (Genesis 9:6) "One who spills a man's blood, etc." tells us of the punishment. Whence the exhortation? "You shall not kill.", (Ibid.) "You shall not commit adultery": (Leviticus 20:10) "The adulterer and the adulteress shall be put to death" tells us of the punishment. Whence the exhortation? "You shall not commit adultery.", (Ibid.) "You shall not steal": (Exodus 21:14) "One who steals a man and sells him, etc." tells us of the punishment. Whence the exhortation? "You shall not steal." This is an exhortation against stealing a soul (i.e., kidnapping). You say this, but perhaps it is an exhortation against stealing money. (Leviticus 19:11) "You shall not steal" is an exhortation against stealing money. What, then, must be the meaning of "You shall not steal" (here)? You shall not steal a soul. __ But perhaps this, (and not the other) is an exhortation against stealing money, and not an exhortation against stealing a soul? Would you say that? Go out and learn from the thirteen principles (by which the Torah is expounded, one of which is learning a thing from its context), viz.: Three mitzvoth are stated in this context, two ("You shall not kill" and "You shall not commit adultery") and one ("You shall not steal") ambiguous. Just as the explicit are mitzvoth punishable by judicial death penalty, so, the ambiguous must be a mitzvah punishable by judicial death penalty. You cannot understand it, then, as per the second option (i.e., You shall not steal money), but as per the first (i.e., You shall not kidnap.) This, (our verse, then, must be an exhortation against stealing a soul, and the other, an exhortation against stealing money. (Ibid.) "You shall not testify against your neighbor false testimony." (Devarim 19:19) "And you shall do to him as he (a scheming witness) schemed to do against his brother, etc." tells us of the punishment. Whence the exhortation? "You shall not testify against your neighbor, etc."

(14) How were the Ten Commandments given? Five on one tablet and five on the other. "I am the L rd your G d," and opposite it "You shall not kill," whereby Scripture apprises us that spilling blood is tantamount to "diminishing" the likeness of the King. An analogy: A king of flesh and blood enters a province, sets up statues of himself, makes images of himself, and mints coins in his likeness. After some time, they upset his statues, break his images, devalue his coins — and "diminish" the likeness of the king. Likewise, Scripture equates spilling blood to "diminishing" the likeness of the King, as it is written (Genesis 9:6) "One who spills the blood of man … (For in the image of G d did He make man.") It is written "There shall not be unto you any other gods in My presence," and, opposite it, "You shall not commit adultery," whereby Scripture apprises us that idolatry is tantamount to adultery. As it is written (Ezekiel 16:32) "You are the (very essence of the) adulterous woman, who (though) living with her husband, (still) takes strangers," and (Hoshea 3:1) "And the L rd said again to me: "Go and love a woman beloved by her husband, and playing the harlot under him — just as the L rd loves the children of Israel, while they turn to other gods…" It is written "You shall not take the name of the L rd your G d in vain," and, opposite it, "You shall not steal," whereby we are apprised that one who steals, in the end comes to swear in vain, as it is written (Jeremiah 7:9) "Shall one steal, murder, commit adultery, swear falsely (… and go after the gods of others, etc.?" And it is written (Hoshea 4:2) "swearing, lying, murdering, stealing, (committing) adultery…" It is written "Remember the Sabbath day to sanctify it," and, opposite it, "You shall not testify (falsely)," whereby Scripture apprises us that one who desecrates the Sabbath thereby testifies before Him who spoke and brought the world into being that He did not create His world in six days and did not rest on the seventh day, and that one who keeps the Sabbath thereby testifies before Him who spoke and brought the world into being that He created His world in six days and rested on the seventh day, as it is written (Isaiah 43:10) "You are My witnesses, says the L rd … that I am He. Before Me no god was created and there will be none after Me." It is written "Honor your father and your mother," and, opposite it, "You shall not covet," whereby Scripture apprises us that whoever covets, in the end comes to beget a son who curses his father and honors one who is not his father. This is why the Ten Commandments were given, five on one tablet and five on the other. These are the words of R. Chanina b. Gamliel. The sages say: (They were given) ten on one tablet and ten on the other. As it is written (Devarim 5:19) "These things (the ten commandments) the L rd spoke … And He wrote them on two tablets of stone." And (Song of Songs 4:5) "Your two breasts are like two fawns, twins of a gazelle." And (Ibid. 5:14) ("The tablets of) His hands are wheels of gold, set with emeralds."...,"You shall not covet": Rebbi says: One verse states "You shall not covet," and, another, (Devarim 5:18) "You shall not desire." How are these two verses to be reconciled? As positing liability for desiring in itself and for coveting in itself, and as teaching that if one desires, in the end he will covet, i.e., "Do not desire and you will not covet." And if he does covet, in the end, he will use force and steal, as it is written (Micah 2:2) "and they will covet fields and steal (them).","You shall not covet your neighbor's house" — general. "and his man-servant, and his maid-servant, and his ox, and his ass — particular. general-particular (The rule is:) There exists in the general only what exists in the particular. "and all that belongs to your neighbor" — reversion to the general. (This leaves us with) general-particular-general (The rule is:) You deduce only what is in accordance with the particular, viz.: Just as the particular is something which is acquired and bestowed, so, all that is acquired and bestowed (comes under "You shall not covet," [and not coveting another's learning]). __ But then, why not say: Just as the particular speaks of movable property, which does not serve as surety, so, all such property ([and not land] comes under "You shall not covet")? Since it is written (in this context) in the second Decalogue (Devarim 5:18) "his field," (we must revert to) "Just as the particular is something which is acquired, etc.") Or, just as the particular does not enter your domain except with the acquiescence of the owner, so all such things (are subsumed in "You shall not covet') to exclude one's coveting another's daughter for your son or his son for your daughter. I might think that (if one covets) in speech, (he is in transgression of "You shall not covet; it is, therefore, written (Devarim 7:25) "You shall not covet the silver and gold upon them and take, etc." Just as there, he is not (in transgression of "You shall not covet") until he performs an act, so, here.

(15) (Ibid. 20:15) "And all the people saw the sounds and the lightnings": They saw what was visible and heard what was audible. These are the words of R. Yishmael. R. Akiva says: They saw and heard what was audible. There was nothing that left the mouth of the Omnipotent which was not inscribed on the tablets, as it is written (Psalms 29:7) "The voice of the L rd hews (with) flames of fire." ,"And all the people saw": the sounds of sounds and the flames of flames. How many sounds were there and how many flames were there? The intent is that each heard according to his power (to absorb what he experienced), viz. (Psalms 29:4) "the vice of the L rd in power, the voice of the L rd in majesty." Variantly: "And all the people saw": to apprise us of the exalted state of Israel. When they all stood at Mount Sinai to receive the Torah, as soon as they heard the pronouncement, they assimilated it. As it is written (Devarim 32:10) "He encircled him; he invested him (with understanding). As soon as they heard the pronouncement, they assimilated it. R. Eliezer says: to apprise us of the exalted state of Israel. When they all stood at Mount Sinai to receive the Torah, there were no blind ones among them, viz. "And all the people saw." And whence is it derived that there were no mutes among them? From (Exodus 19:8) "And all the people answered together." And whence is it derived that there were no deaf ones among them? From (Ibid. 24:7) "All that the L rd has spoken, we shall do and we shall hear." And whence is it derived that there were no large ones among them? From (Ibid. 17) "And they stood at the foot of the mountain." And whence is it derived that there were no fools among them? From (Devarim 4:35) "You have been shown to know, etc." R. Nathan says: Whence is it derived that the L rd showed our father Abraham, Gehennom, the giving of the Torah and the splitting of the Red Sea? From (Genesis 15:17) "And it was, when the sun had set, and it was dark, and, behold, a smoking furnace" — Gehennom, viz. (Isaiah 31:9) "He has an oven in Jerusalem." And "the torch of fire" (Genesis, Ibid.) — the lightning, viz. (Exodus 20:15) "And all the people saw the sounds and the lightnings. (Genesis, Ibid. 19) "between these pieces" — the splitting of the Red Sea — viz. (Psalms 136:13) "Who split the Red Sea into pieces." He showed him the Temple and the order of sacrifices, viz. (Genesis, Ibid. 9) "Take for Me a three-year-old heifer, etc." He showed him the four kingdoms that were destined to subjugate his children, viz. (Ibid. 12) "And when the sun was about to set, and a deep sleep fell upon Avram, and, behold, a great dark dread fell upon him": "dread" — the kingdom of Bavel. "dark" — the kingdom of Madai. "great' — the kingdom of Greece. "fell" — the wicked Rome. Some transpose it: "fell" — the kingdom of Bavel, viz. (Isaiah 21:9) "Bavel has fallen." "great" — the kingdom of Madai, viz. (Esther 3:1) "King Achashverosh made great, etc." "dark" — the kingdom of Greece, which darkened the eyes of Israel with afflictions. "dread" — the fourth kingdom, viz. (Daniel 7:7) "… fearful, dreadful, and of great strength."...,(Exodus 20:15) "And the people saw and 'yanu'u.'" "Nua" connotes quaking, as in (Isaiah 24:10) "The land noa tanua.",(Ibid.) "And they stood from afar": outside of twelve mil (the distance of the Israelite encampment). We are hereby apprised that Israel receded twelve mil and returned twelve mil for each pronouncement. So that on that day they are found to have walked two hundred and forty mil. At that time the Holy One Blessed be He said to the ministering angels: Go down and help your brothers, as it is written (Psalms 68:13) "The kings of legions will move, will move" — they will move in going and they will move in returning. And not the ministering angels alone, but the Holy One Blessed be He Himself. As it is written (Song of Songs 2:6) "His left hand under my head, and His right hand will embrace me." R. b. R. Ilai says: Because they were scorched by the sun above them, the Holy One Blessed be He said to the clouds of glory: Drip the dew of life upon My children, etc. (Psalms, Ibid. 9) "The earth quaked. The heavens, too, dripped before G d. This is Sinai, etc.", and (Ibid. 11) "A bounteous rain did You drip, O G d." When was all this honor conferred? When Israel was the most comely of the nations and honored the Torah. As it is written (Ibid. 13) "And the beauteous of the house divides the spoil, "spoil" being nothing other than Torah, viz. (Ibid. 119:62) "I rejoice over Your word as one who finds great spoil."

(16) (Exodus, Ibid. 16) "And they said to Moses: Speak, you, with us, and we will hear, (and let G d not speak with us, lest we die.") We are hereby apprised that they lacked the strength to receive no more than ten pronouncements, viz. (Devarim 5:22) "If we continue hearing the voice of the L rd our G d, we will die," but (Ibid. 6) you draw near," and we will hear. At that time, Israel merited the L rd's establishing prophets for them, as it is written (Ibid. 18:18) "A prophet shall I raise up for them, etc." I was destined to set up a prophet for them (later), but their merit preempted it, viz. (Ibid. 17) "And the L rd said to me: They have done well in speaking as they did" (viz. Ibid. 16). Happy are those in whose words the L rd concurs! And thus is it written (Numbers 27:7) "Rightly do the daughters of Tzelafchad speak," (Ibid. 36:5) "Rightly does the scribe of the sons of Yosef speak." Happy are those in whose words the L rd concurs! And thus is it written (Ibid. 14:20) "I have forgiven because of your (Moses') words. ,(Devarim 5:26) "Would that this heart of theirs (were in them to fear Me and to keep all of My mitzvoth all of the days so that it be good for them and for their children forever.") If it were possible to remove the angel of death from them, I would do so — but the decree has already gone forth. R. Yossi says: On this condition did they stand on Mount Sinai, that the angel of death not prevail over them, as it is written (Psalms 82:6) "I said (when I gave you the Torah): You are angels and all heavenly creatures. But, as Adam you will die, (having perfected your ways as he did), and as one of the (first) princes will you fall."

(17) (Exodus, Ibid. 17) "And Moses said to the people: Do not fear, etc.": to apprise us of Moses' wisdom, how he stood and appeased them, the thousands and the ten thousands. Of him it is written in the tradition (Koheleth 7:19) "Wisdom strengthens the wise more than ten rulers, etc." ,(Exodus, Ibid.) "For in order to exert you": In order to make you great did G d come., (Ibid.) "and so that His fear be upon your faces." "fear" (here) is shame-facedness. Shame-facedness is a good sign in a man. ...,"so that you not sin." We are hereby apprised that shame-facedness leads to fear of sin, viz. (Jeremiah 6:15) "Were they ashamed that they committed abominations?

(18) ((Exodus, Ibid. 18) "And the people stood from afar": twelve mil, the distance of the Israelite encampment. And whence is it derived that this was the distance? From (Numbers 32:49) "And they encamped by the Jordan from Beth Hayeshimoth until Aveil Hashittim in the plains of Moav" (a distance of twelve mil.),(Ibid.) "And Moses entered into the mist": This (his closeness to the L rd) was a function of his humility, viz. (Numbers 12:3) "And the man Moses was extremely humble, etc." Scripture hereby apprises us that if one is (truly) humble, in the end, he will cause the Shechinah to repose upon a man upon the earth, viz. (Isaiah 57:15) "For thus said the High and Exalted, who abides forever and whose name is holy (… I dwell with the oppressed and with the lowly of spirit, etc."), and (Ibid. 61:1) "The spirit of the L rd G d is upon me, for the L rd has anointed me to bring tidings to the humble, etc.", and (Ibid. 66;2) "And all of these things My hand created (… but it is to this that I look, to the poor and broken-spirited, etc."), and (Psalms 51:19) "The sacrifices of G d are a broken spirit. A heart broken and oppressed, G d will not despise." And all who are haughty of heart cause the land to be defiled and the Shechinah to depart, as it is written (Ibid. 101:5) "The haughty of eyes and the broad of heart, him will I not abide." And all the haughty of heart are called "abomination," as it is written (Mishlei 16:5) "The abomination of the L rd are all the haughty of heart." And idolatry is called "abomination," as it is written (Devarim 7:26) "And you shall not bring an abomination into your house." Just as idolatry defiles the land and causes the Shechinah to depart, so do all the haughty of heart. "And Moses entered into the mist": within the three partitions: darkness, cloud, and mist. Darkness, the outermost; cloud, within; mist, the innermost. As it is written "And Moses entered into the mist, where G d was.

(19) (Ibid. 19) "And the L rd said to Moses: Thus shall you say to the children of Israel" — In the language that I speak, thus shall you speak to the children of Israel — in the holy tongue. Wherever "koh" ("thus"), "kachah" ("in this wise"), "aniyah" ("answering"), and "amirah" ("Saying") are used, the holy tongue is understood. (Ibid.) "You saw that from the heavens I spoke to you." There is a difference between one's seeing something (with his own eyes) and others' relating something to him. When others relate something to him, sometimes his heart is "divided" within him; but here — "You (yourselves) saw!" R. Nathan says: What is the intent of this? From (Psalms 138:4) "All the kings of earth will acknowledge you, O L rd, for they have heard the words of Your mouth," I might think that just as they heard, so, they saw. It is, therefore, written "You saw," but the nations of the world did not see.,(Ibid.) "that from the heavens I spoke to you": One verse states "that from the heavens, etc.", and another (Ibid. 19:20) "And the L rd went down upon Mount Sinai!" How are these two verses to be reconciled? A third verse reconciles them, viz. (Devarim 4:36) "From the heavens He made you hear His voice to exhort you, and on the earth He showed you His great fire, and His works you heard from the midst of the fire." These are the words of R. Yishmael. R. Akiva says: We are hereby taught that the Holy One Blessed be He bent the upper heavens over the top of the mountain, and He spoke to them from the heavens. As it is written (Psalms 18:10) "And He bent the heavens and descended, with mist between His feet." Rebbi says: "And the L rd went down upon Mount Sinai upon the top of the mountain. And the L rd called Moses to the top of the mountain, and Moses went up": Is this to be understood literally? Can you say such a thing? If one of His servants (e.g., the sun) makes his presence felt in its place and outside of its place, how much more so the glory of Him who spoke and brought the world into being! (The above, then, must perforce be understood figuratively and not literally.)

(20) (Ibid. 20) "You shall not make unto Me gods of silver and gods of gold": R. Yishmael says: The likeness of My servants who serve before Me on high ("you shall not make unto Me.") Neither the likeness of angels nor the likeness of ofanim (heavenly creatures), nor the likeness of cherubs. R. Nathan says: "You shall not make (alongside) with Me," i.e., Do not say I will make a kind of image and I will bow down to it. And thus is it written (Devarim 4:15) "And you shall take great heed to your souls. For you did not see any likeness (on the day that the L rd spoke to you in the midst of the fire.") R. Akiva says: "You shall not do (i.e., deport yourselves) with Me" as others do with their gods. When good befalls them, they honor their gods, viz. (Habakkuk 1:16) "Therefore, he sacrifices to his "nets" (i.e., to his idols, which "net" him riches). And when evil befalls them, they curse their gods, viz. (Isaiah 8:21) "… and he will curse his king and his gods." But, as for you, if I bring good upon you, you give thanks, and when I bring afflictions upon you, you give thanks. And thus did David say (Psalms 116:3) "the cup of salvation shall I raise, and in the name of the L-td will I call" — (Ibid. 4) "Trouble and sorrow will I find, and in the name of the L rd shall I call." And thus, Iyyov says (Iyyov 1:21) "the L rd has given and the L rd has taken — Let the name of the L rd be blessed!" Both for the good and for the evil. What does his wife say to him? (Ibid. 2:9) "Do you still hold on to your innocence? Blaspheme G d and die!" He answers (Ibid. 10) "You speak as one of the lowly ones! The men of the generation of the flood, who were "ugly" in good (i.e., when good befell them), accepted distress perforce. But we, who were amiable in good, should we not be amiable in distress!" — wherefore he said "You speak as one of the lowly ones!" And, what is more, one should rejoice in affliction more than in good. For even if one were to bask in good all of his days, his transgressions would not be forgiven. Whereby are they forgiven? By afflictions. R. Eliezer says: It is written (Mishlei 3:11) "The chastisement of the L rd, my son, do not despise … (12) "For whom the L-=rd loves He chastises, as a father, the son whom he favors. What caused this son to conciliate his father? Afflictions. R. Meir says (Devarim 8:5) "And you shall know in your heart that just as a man chastises his son, the L rd your G d chastises you." R. Yonathan says: Beloved are afflictions. Just as a covenant is forged with the land (viz. Genesis 15:18), a covenant is forged with afflictions, viz. "the L rd your G d chastises you … (7) for the L rd your G d brings you to a good land." R. Shimon b. Yochai says: Beloved are afflictions, for three goodly gifts were given to Israel and are desired by the nations of the world, and they were given to them only through afflictions — Torah, Eretz Yisrael, and the world to come. Torah, (Mishlei 1:2) "to know wisdom and chastisement, to comprehend words of understanding," and (Psalms 94:12) "Happy is the man whom you chastise, O L rd, and whom you teach from Your Torah." Eretz Yisrael, (Devarim 8:5) "… the L rd your G d chastises you … (7) for the L rd your G d brings you to a good land." The world to come, (Mishlei 6:23) "For a mitzvah is a lamp, and Torah, light, and the way of life, the chastisements of mussar." Which is the way which leads a man to life in the world to come? Afflictions. R. Nechemiah says: Beloved are afflictions. Just as offerings conciliate, so, afflictions conciliate. What is written of offerings? (Leviticus 1:5) "and it shall conciliate for him to atone for him." What is written of afflictions? (Ibid. 26:43) "… and they shall conciliate for their sin." And, what is more, afflictions conciliate more than offerings do. For offerings are (effected) with one's money, and afflictions, with one's body. Once, R. Eliezer was sick, and four elders came to visit him: R. Tarfon, R. Yehoshua, R. Elazar b. Azaryah, and R. Akiva … R. Tarfon responded: "You are more beloved by Israel than the solar orb" … whence we derive that afflictions are beloved (see Sanhedrin 107b),(Exodus, Ibid.) "gods of silver and gods of gold": What is the intent of this? Though it is written (Exodus 25:18) "And you shall make two golden cherubs," one should not say I shall make four. To this end it is written "gods of gold." If you make more than two, they are considered "gods of gold." "gods of silver": What is the intent of this? Is it not already written "gods of gold"? Why, then, add "gods of silver"? Because we find with all the implements of the Temple, if there is no gold they are to be made of silver, the same obtains with the cherubs, it is, therefore, written "gods of silver" — If gold is not used, they are considered "gods of silver." (Exodus 25:20) "you shall not make for yourselves": Do not say: Since the Torah permitted this (the making of cherubs) in the Temple, I shall do the same in synagogues and in houses of study; it is, therefore, written "You shall not make for yourselves. Variantly: "… gods of silver you shall not make for yourselves": Do not say: We shall do for ourselves as others do in the provinces. It is, therefore, written "You shall not make for yourselves."

(21) (Ibid. 21) "An altar of earth shall you make for Me": specifically for Me, and not for another (i.e., not for any other purpose). R. Yishmael says: "an altar of earth": fixed upon the earth, and not upon domes or pillars. R. Nathan says: It was hollow (and filled) with earth, viz. (Exodus 23:8) "a hollow, or boards shall you make it. Issi b. Akiva says: an altar of copper filled with earth. As it is written (I Kings 8:64) "For the copper altar before the L rd was too small to contain the burnt-offerings, etc." Now was it too small? Is it not written (Ibid. 3:4) "A thousand burnt-offerings did Solomon sacrifice on that altar"? What is the intent of "small"? As people speak, "He is a dwarf" — i.e., he is unfit for the service. On the day that the new altar was built, the other was secreted.,(Exodus 20:21) "And you shall slaughter thereon": alongside it (i.e., alongside the top). You say "alongside it, but perhaps it is to be understood literally, i.e., "upon it"? And this would follow, viz.: If the north of the altar, which is not kasher for atonement (i.e., for the sprinkling of the blood [viz. Leviticus 1:5]), is kasher for slaughtering, then the top of the altar, which is kasher for atonement, how much more so should it be kasher for slaughtering! This (a fortiori argument) is refuted by the inner altar, which, though it is kasher for atonement, (the blood of the bullocks for burning being sprinkling upon it) is not kasher for slaughtering, (which is to be performed at the entrance of the tent of meeting.) And this would indicate of the outer altar that though it is kasher for atonement, is not kasher for slaughtering. __ No, this may be true of the inner altar, which does not render (a leper) kasher (to eat of the offerings) and does not render (an offering) permitted (to be eaten), and does not consummate the atonement, (for after the blood was sprinkled on the inner altar, the remnant had to be spilled on the outer altar) — wherefore it is not kasher for slaughtering. It is, therefore, written (Devarim 12;27) "And you shall offer your burnt-offerings — the flesh and the blood — upon the altar': "the flesh and the blood upon (i.e., on top of) the altar," and not slaughtering on top of the altar, (but alongside it). R. Assi says: Slaughtering also is on top of the altar. And Scripture supports him, viz. "An altar of earth shall you make for Me and you shall slaughter therein, etc." One verse states "your burnt-offerings and your peace-offerings," and, another "And you shall offer your burnt-offerings — the flesh and the blood, etc." How are these two verses to be reconciled? R. Yossi b. R. Yehudah says: From half the altar northwards is regarded as north, and from half the altar southwards is regarded as south. And this tells me only that the north of the altar is kasher for slaughtering. Whence do I derive (the same for) all the north of the azarah (the Temple court)? From (Leviticus 14:13) "And he shall slaughter the lamb in the place where he shall slaughter the sin-offering and the burnt-offering, in the holy place." Let this not be written. (Why is it written?) To render kasher the entire northern side (of the azarah)? "And you shall slaughter therein your burnt-offerings and your peace-offerings." This tells me only of burnt-offerings and peace-offerings. Whence do I derive (the same for) all offerings/ This tells me (that it is permitted to slaughter on the altar only burnt-offerings and peace-offerings. Whence do I derive (the same for) all offerings? From (Ibid. 20:21) "your sheep and your cattle." __ But this would imply that he could slaughter there both offerings and non-offerings! Would you say that? What is the context? That of offerings (and not of non-offerings).,(Ibid.) "Wherever I shall mention My name": where I am revealed to you, in the Temple — whence they ruled: It is forbidden to mention the explicit Name (the Tetragrammaton) in the borders (i.e., outside of the Temple). R. Eliezer b. Yaakov says: If you come to My house, I will come to your house. And if you do not come to My house, I will not come to your house. The place that My heart loves, there My feet will lead Me — whence they derived: Whenever ten men enter a synagogue, the Shechinah is with them, as it is written (Psalms 82:1) "G d stands in the congregation of the Almighty." And whence is it derived (that the Shechinah reposes) even on three who judge? From (Ibid.) "In the midst of the judges, (three), does He judge." And whence is it derived (that it reposes) even with two? From (Malachi 3:16) "Then there conversed, the fearers of the L rd, one to the other, and the L rd listened, etc." And whence is it derived (that the same obtains) even with one? From "Wherever I shall mention My name I shall come to you and I shall bless you."

(22) (Exodus, Ibid. 22) "And if an altar of stones you make for Me": R. Yishmael says: Every "if" in the Torah connotes optionality, except for three; (Leviticus 2:14) "And if you offer an offering of first-fruits" — This is mandatory. You say it is mandatory, but perhaps it is optional. (This is not so, for) it is written (Ibid.) "You shall offer the offering of your first-fruits." It is mandatory, not optional. Similarly, (Exodus 22:24) "If you lend money to My people, the poor man with you, etc." This is mandatory. You say it is mandatory, but perhaps it is optional. It is, therefore, written (Devarim 15:8) "Lend shall you lend him." It is mandatory, not optional. Similarly, "And if an altar of stones you make for Me." This is mandatory. You say it is mandatory, but perhaps it is optional. (This is not so,) for it is written (Devarim 27:6) "Of whole stones shall you build the altar of the L rd." It is mandatory and not optional (to build an altar). And what is the intent of "if an altar of stones"? If he wishes to build it of stones, he may do so. (If he wishes to build it) of bricks, he may do so. Now does this not follow a fortiori for the other vessels, viz. If he may vary (i.e., either stones or bricks) for the altar, the more "formidable," how much more so may he do so for other vessels (of lesser formidability) (e.g., the menorah and the table, to make them of silver.) (Exodus 20:22) "Do not build them gazith": "gazith" is "gezuzoth" (hewn,) iron having been lifted upon them. R. Nathan says: I might think that if one built two stones (into the altar) upon which iron had been lifted (that) the entire altar is unfit, it is, therefore, written "Do not build them hewn" — They are unfit, but not the entire altar.,(Ibid.) "Do not build them hewn": In it (the altar) you may not build them hewn, but you may build them hewn in the sanctuary and in the holy of holies. For it would follow (otherwise), viz.: If in the altar, the less formidable, it is forbidden to build them hewn, how much more so, in the sanctuary and the holy of holies, the more formidable. It is, therefore, written (of the altar) "Do not build them hewn." In it, you may not build them hewn, but you may build them hewn in the sanctuary and in the holy of holies. How, then, am I to understand (I Kings 6:7) "And hammers, chisels, or any iron tools were not heard in the Temple when it was being built"? In the Temple they were not heard, but outside (where they were hewn) they were heard. (Exodus, Ibid.) "For if you lift your sword upon it": R. Shimon b. Elazar was wont to say: Iron was created to shorten a man's days, and the altar was created to lengthen them. It is not fit that the "shortener" be lifted over the "lengthener." Rabban Yochanan ben Zakai says: it is said (Devarim 27:6) "Of whole (shleimoth) stones shall you build the altar of the L rd" — stones which repose peace ("shalom"). Now does this not follow a fortiori, viz.: If the stones of the altar, which do not see or hear or speak — because they repose peace between Israel and their Father in heaven, the Holy One Blessed be He says: Do not lift iron upon them, then one who reposes peace between a man and his wife, between one city and another, between one nation and another, between one government and another, between one family and another — how much more so will he not meet with adversity!

(23) (Exodus, Ibid. 22) "And you shall not go up with steps in My altar": From here they ruled: Make a ramp for the altar. This tells me only of ascending. Whence do I derive (the same for) descending? It is, therefore, written "so that your nakedness not be revealed upon it." It is not the ascending or descending which is the determinant, but the "covering." R. Yishmael says: The verse is not needed (for this purpose). Is it not already written (Ibid. 28:42) "And make for them trousers of linen"? What, then, is the intent of "so that your nakedness not be revealed upon it"? That they not take broad strides, but walk heel-by-toe. "Do that your nakedness not be revealed upon it": Upon it (the altar) you may not take broad strides, but you may in the sanctuary and in the holy of holies. For it would follow (otherwise), viz.: If on the altar, the less formidable, it is forbidden to take broad strides, how much more so in the sanctuary and the Temple, the more formidable! It is, therefore, written "So that your nakedness not be revealed upon it." Upon it (the altar) you may not take broad strides, but you may in the sanctuary and the holy of holies. Now does this not follow a fortiori, viz.: If of stones, which have no consciousness of evil or of fear, the Holy One Blessed be He said: Do not deport yourself upon them boldly, then your friend, created in the image of Him who spoke and brought the world into being — how much more so should you not deport yourselves boldly with him! ,"so that your 'nakedness' not be revealed upon him."