EXO 21
Laws About Slaves
1 And these are the rules that you shall set before them.
Rashi’s Commentary
And these are the rules—Wherever “these,” is used it cuts off the preceding section from that which it introduces; where, however, “And these” is used it adds something to the former subject (i.e. forms a continuation of it). What is the case with the former commandments? They were given at Sinai! So these, too, were given at Sinai! (Mekhilta d’Rabbi Yishmael 21:1:1; Shemot Rabbah 30:3; cf. also Midrash Tanchuma, Mishpatim 3) If this be so, why is this section dealing with the “civil laws” placed immediately after that commanding the making of the altar? To tell you that you should seat (i.e. provide quarters for) the council in the vicinity of the temple.
That you shall set before them—God said to Moses: It should not enter your mind to say, “I shall teach them the chapter or the law twice or three times until it will become current in their mouths exactly according to its wording (i.e. until they know the text verbatim), but I shall not take the trouble to make them understand the reason of each thing and its significance.” Therefore Scripture says, “you shall set before them”—like a table fully laid before a person with everything ready for eating (Mekhilta d’Rabbi Yishmael 21:1:1).
Before them—But not before the heathens. Even if you know that in the case of a particular matter of law they will decide it in the same way as Jewish law would, do not bring it before their courts; for he who brings Israel’s law-cases before the heathens defames the name of the Lord and pays honour to the name of the idol (in the name of which the heathen court administers justice), thereby giving it undue importance, as it is said (Deu 32:31), “For not as our Rock God is their rock, but yet our enemies judge us,” which implies: when our enemies are judges over us (i.e. if we make them judges over us) it is a testimony to the superiority of that which they reverence (their idol) (Midrash Tanchuma, Mishpatim 3).
teaching them to observe all that I have commanded you. And behold, I am with you always, to the end of the age. MAT 28:20
Finally, then, brothers, we ask and urge you in the Lord Jesus, that as you received from us how you ought to walk and to please God, just as you are doing, that you do so more and more. 1TH 4:1
12 Whoever strikes a man so that he dies shall be put to death.
Rashi’s Commentary
Whoever strikes a man so that he dies—Many apparently redundant verses have been written in various sections of the law dealing with murderers and I shall explain to the best of my ability why all these statements have been made.
Whoever strikes a man so that he dies—Why is this said (how does the particular form of words used here tell us some point of law which is not contained in another text bearing upon the same subject)? Since it is said (Lev 24:17), “Whoever takes a human life shall surely be put to death,” I might have inferred that mere smiting without resultant death is subject to the death penalty. Scripture therefore states here, “He who strikes a man and he dies,” thus telling you that he is not punishable with death unless the stroke proves fatal. On the other hand if it had stated here, “He who strikes a man,” and it had not said there “Whoever takes a human life,” I might have inferred that the murderer is not guilty except if he killed a man; whence, however, could I know that he is subject to the death penalty if he killed a woman or a minor? Therefore Scripture states “if a man takes a human life,” thus including even a minor and a woman. Then again: if it had stated only, “He strikes a man” I might have inferred that even a minor who struck and killed a person is punishable with death. Scripture therefore states “if a man takes”—a man but not a minor. Also, “if . . . takes a human life” implies even a nonviable infant. Scripture therefore states “He who strikes a man” to intimate that one is not subject to the death penalty unless he kills a viable child—one which is fitted to become a man (Mekhilta d’Rabbi Yishmael 21:12:1).
18 When men quarrel and one strikes the other with a stone or with his fist and the man does not die but takes to his bed,
Rashi’s Commentary
When men quarrel—Why is this stated in this particular form? Since Scripture states (v. 24), “Eye for eye,” we learn from this only that compensation for the loss of limbs has to be paid, but we cannot infer from it that indemnity for loss of time (during which the injured has been disabled from work) and cost of medical treatment have also to be paid; consequently this section is said (Mekhilta d’Rabbi Yishmael 21:18:1).
But takes to his bed—The meaning is as the Targum gives it: “and he falls into inactivity,” i.e. he falls into an illness that prevents him from working.
22 When men strive together and hit a pregnant woman, so that her children come out, but there is no harm, the one who hit her shall surely be fined, as the woman’s husband shall impose on him, and he shall pay as the judges determine.
Rashi’s Commentary
When men strive with each other and one intended to strike the other and inadvertently struck the woman (Sanhedrin 79b).
And hit a pregnant woman—An expression of dashing against and striking, as in the following phrases: “lest you strike ךְתִּגֹף your foot with a stone” (Psa 91:12); “before your feet are bruised” (Jer 13:16); “and a stone of offense (נֶגֶף)” (Isa 8:14).
But there is no harm—With the woman (Sanhedrin 79b).
The one who hit her shall surely be fined—It means that they shall exact money from him. וְעָנְשׁוּ is used here in the same sense as in (Deu 22:19), “And they shall fine (וְעָנְשׁוּ) him a hundred shekels of silver.”
The one who hit her shall surely be fined to pay the value of the offspring to the husband. We estimate her value according to what she is worth if she were sold as a slave in the market, increasing her value because of her pregnancy (Bava Kamma 49a).
As the woman’s husband shall impose on him means, when the husband will summons him before the court that they should place upon him a fine for this (cf. Mekhilta d’Rabbi Yishmael 21:23:7).
And he shall pay—The man that struck the woman shall give the value of the offspring.
As the judges determine—Heb. בִּפְלִלִים, according to the verdict of the judges (Mekhilta d’Rabbi Yishmael 21:23:9).
EXO 22
24 If you lend money to any of my people with you who is poor, you shall not be like a moneylender to him, and you shall not exact interest from him.
Rashi’s Commentary
If you lend money to any of my people—R. Ishmael said: wherever אִם occurs in Scripture it is used of an act the performance of which is optional, except in three instances, of which this is one (Mekhilta d’Rabbi Yishmael 22:24:1). Rashi on Exo 20:22 explains that in this case, lending money to the needy is obligatory. Therefore, in this verse, אִם means “when.”
To any of my people—If a member of my people i.e., an Israelite, and a heathen apply for a loan, the member of my people takes preference; if a poor man and one who is better off, the poor man takes preference; if the poor of your city and the poor of another city, the poor of your city take preference (Mekhilta d’Rabbi Yishmael 22:24:3; Bava Metzia 71a). And this is how the above explanation is implied in the text: “If you lend money”—lend it to “my people,” and not to a heathen; and to which one of my people? “To the poor.” And to which poor? To him who is “with you.” Another explanation of to any of my people is: That you shall not treat him disrespectfully when lending him money, for he is a member of my people!
With you who is poor—Look at yourself as though you were a poor man (Midrash Tanchuma 15).
You shall not be like a moneylender to him—You shall not demand the debt of him forcibly. If you know that he has no money do not appear in your attitude towards him as though you had lent him, but as though you had not lent him—it means as much as, do not humble him.
Interest—Lit., biting. Interest, which is like the biting of a snake, which bites by inflicting a small wound in a person’s foot, and he does not feel the wound, and suddenly, it spreads and swells up as far as his head. So it is with interest: at first one does not feel the drain it makes on him and it remains unnoticed until the interest mounts up and suddenly makes the person lose a big fortune (Shemot Rabbah 31:6).
27 You shall not revile a judge, nor curse a ruler of your people.
Rashi’s Commentary
You shall not revile a judge—Here you have the prohibition of blasphemy and the prohibition of cursing a judge (cf. Mekhilta d’Rabbi Yishmael 22:27:1; Sanhedrin 66a).
EXO 23
6 You shall not pervert the justice due to your poor in his lawsuit.
Rashi’s Commentary
Your poor—An expression of desiring, “to desire”—one who is poverty-stricken and longs for all the good things which he lacks.
EXO 24
3 Moses came and told the people all the words of the Lord and all the rules. And all the people answered with one voice and said, “All the words that the Lord has spoken we will do.”
Rashi’s Commentary
Moses came and told the people—On that same day.
All the words of the Lord—The commands concerning their keeping apart from women and the setting of bounds at Mount Sinai.
And all the rules—The seven commands given to the “sons of Noah” (the non-Israelite world), the law of the Sabbath, of filial respect, of the “red heifer” and regarding the administration of justice, all of which had been given to them already in Marah (cf. Sanhedrin 56b).
4 And Moses wrote down all the words of the Lord. He rose early in the morning and built an altar at the foot of the mountain, and twelve pillars, according to the twelve tribes of Israel.
Rashi’s Commentary
And Moses wrote—From “In the beginning” (Gen 1:1), up to (but not including) the account of the giving of the law and he wrote down the commandments that were given to them in Marah (cf. Mekhilta on Exo 19:10).
He rose early in the morning—On the fifth of Sivan (cf. Rashi on Exo 19:11; Shabbat 88a).
7 Then he took the Book of the Covenant and read it in the hearing of the people. And they said, “All that the Lord has spoken we will do, and we will be obedient.”
Rashi’s Commentary
The Book of the Covenant—From “In the beginning” (Gen 1:1) till the giving of the law including the commandments that were given to them at Marah (Mekhilta d’Rabbi Yishmael 19:10:2; cf. Rashi on v. 4).
10 and they saw the God of Israel. There was under his feet as it were a forming of a sapphire brick, like the very heaven for clearness.
Rashi’s Commentary
And they saw the God of Israel—They gazed and because of this were doomed to die, but God did not wish to disturb the joy of this moment of the giving of the law. So he waited for Nadab and Abihu i.e., to kill them, until the day of the dedication of the tabernacle, and for destroying the elders until the following event: “And the people were as if seeking complaints . . . and the fire of the Lord broke out against them and devoured at the edge (בִּקְצֵה) of the camp” (Num 11:1). בִקְצֵה denotes the officers (בִקְצִינִים) of the camp i.e., the elders (Midrash Tanchuma, Beha’alotcha 16).
As it were a forming of a sapphire brick—That was before Him at the time of the bondage, to remember Israel’s woes i.e., that they were enslaved in the making of bricks (cf. Jerusalem Talmud Sukkah 6:3; Vayikra Rabbah 23:8).
וּכְעֶצֶם—Translate it as the Targum does: “as the appearance.”
Like the very heaven for clearness—This implies that as soon as they (the Israelites) were delivered there was radiance and rejoicing before him.
For clearness—Heb. לָטֹהַר, an expression meaning clear and unclouded.