Parashat Mishpatim

Parashat Mishpatim
Shemot 21:1 - 24:18
Shabbat Shekalim
Shemot 30:11-16

[Mishkah (Tabernacle)]


Parashat Summary

Contains mitzvot touching almost every aspect of Jewish life
Included are many kashrut (kosher) laws
Agricultural requirements of the Shmittah (Sabbatical) year
Shabbat and Yom Tov laws 
Strict prohibitions against making a treaty with the 7 Kanaani nations
Prohibitions against introducing any form of idol-worship
Well-being in Eretz Yisrael depends directly on Yisrael's loyalty to Torah
After the Aseret HaDibrot (The Ten Commandments) is given, Moshe is called back to Har Sinai for 40 days and nights

 21:1 Ve'eleh hamishpatim asher tasim lifneihem
"And these are the ordinances [laws] which you shall set before them:
ve'eleh hamishpatim asher - and these are the ordinances that.  The final letters of these words can be rearranged to spell the name Marah.  For even before the revelation at Sinai, the Benei Yisrael  were taught the Torah's civil laws at Marah. (Mechilta; Sanhedrin 56b, cited in Rashi to 15:25) 

Mishpatim includes all types of laws administered by the court, referred to in Hebrew as the beit-din or Sanhedrin.  These mishpatim include laws of slavery, theft, liabilities of various types of custodians, and laws of damages.  Also included here are capital crimes, such as murder, idolatry, kidnapping, and witchcraft.  Although laws of jurisprudence are not unique to the Benei Yisrael, no other nation at this time or at any other time had divinely ordained laws of jurisprudence.

The laws are given here to illustrate that the Ten Commandments are not to be understood just as they were given, but that they include many other commandments, statutes, and ordinances.  Thus, these ordinances are the elaborations of the Ten Commandments.  For this reason, the sidrah commences with "And these are the ordinances which you shall set before them" referring only to qualified judges, who understand the scope of the Ten Commandments, not to unversed judges, who believe that the Ten Commandments include only what is stated in them explicitly.

This is demonstrated by the stringent rules of the Talmud (Gittin 88b), which demands that these laws be tried exclusively by duly ordained Jewish judges, not by civil courts nor by judges who were not ordained by judges whose ordination could be traced back to Moshe.  When the chain of ordination was interrupted during the period of the Amoraim, capital punishment and laws dealing with penalties and fines could no longer be adjudicated.  Even if local civil courts rule exactly as prescribed in the Torah, law suits between Jews may not be brought to these courts, but must be brought to a rabbinical court.


Tanchuma Mishpatim 2: Wherever it says, "these" in the Torah, this word is used to separate from what has been stated previously.  Where it says, "And these," it means that it is adding to what has been previously stated.

Rashi from Mechilta: Thus just as what has been previously stated, namely the Ten Commandments, were from Sinai, these too were from Sinai.  Now why was the section dealing with laws juxtaposed to the section dealing with the altar?  To tell you that you shall place the Sanhedrin adjacent to the Beit HaMikdash (other editions: the altar).

Mesiach Illemim explains that it would have been sufficient for the Torah to have merely stated, "These are the ordinances," without the word "and."  To this, Rashi replies from the Mechilta that the conjunction "and" connects this parsha with that of the Ten Commandments, to explain that just as the Ten Commandments were given at Har Sinai, so too were the laws of jurisprudence.

Mizrachi and others explain that wherever the word eleh, (these), is used in the Torah it is meant to disqualify whatever was mentioned previously, i.e., to imply that whatever was previously mentioned is of lesser importance.  This is totally inappropriate here, since the laws previously mentioned were the Ten Commandments.  Hence, Scripture could not have stated:  "These are the ordinances" without the word "and."  It could, however, have omitted the word eleh completely.  The fact that the word eleh is written, with the conjunction, indicates that it is to connect these laws with the aforementioned ones in order to inform us that they are equally important.

Zeh Yanachameinu explains that Rabbi Ishmael, who states that the laws of jurisprudence were given at Sinai, disagrees with the view that they were given in Marah (see Rashi on Shemot 15:25).  He suggests that perhaps Rabbi Ishmael does believe that they were originally given in Marah, but that they were repeated at Sinai.  This latter view appears also in Tosafot Hashalem.

Rashi also explains why the section dealing with the altar (Shemot 20:21-23) intervenes between the Ten Commandments and the section dealing with jurisprudence, and why this section was not placed immediately after the Ten Commandments.  Rashi comments that this order teaches us that the Sanhedrin, the seventy-one-member court that executes the laws, should be located adjacent to the Beit HaMikdash.

Be'er Mayim Chayim supports the version, "adjacent to the Sanctuary."  He argues that the Sanhedrin could not be located adjacent to the altar since that area is off limits to anyone but a Kohen.  the juxtaposition of the section dealing with the altar to this section dealing with the laws of jurisprudence alludes to the law that the Sanhedrin should convene adjacent to the Temple court, which housed the altar, not adjacent to the altar itself.  Indeed, the Great Sanhedrin was located in the Chamber of Hewn Stone, which was adjacent to the Temple court.


Zeh Yenachameinu suggests two reasons for this location of the Sanhedrin:
  1. It is to teach us that the Torah, represented by the laws of jurisprudence, is just as important as the Temple service.  These are two of the pillars that support the world, as in the words of Shimon the Righteous (Avot 1:2):  "The world stands on three things:  on the Torah, on divine service, and on acts of kindness." Lest we believe that civil and criminal laws were enacted merely to preserve civilization, the Torah requires the placement of the Sanhedrin adjacent to the Sanctuary, in order to teach us that the execution of justice is no less of a mitzvah than the divine Temple service.
  2. It is to teach us that just as the altar makes peace between Yisrael and G-d, so too does the Sanhedrin make peace between one person and another by judging who is right in their differences. The latter idea is also presented by Gur Aryeh.

Sefer Hazikkaron also asks why Mishpatim does not follow immediately after the Ten Commandments and then be followed by the section dealing with the altar.  He replies that if it were written in that order, we would say that there must be an altar adjacent to the Sanhedrin, and wherever the Sanhedrin convened, and altar would be built.  The Torah's intention, however, is not to imply that there must be an altar near the Sanhedrin, but that the Sanhedrin must be near the altar.  Therefore, the section dealing with the altar is written first, followed by the section dealing with the Sanhedrin.


asher tasim lifneihem which you shall set before them.

Rashi (from Mechilta, Eruvin 54b): The Holy One, blessed be He, said to Moshe:  Do not think of saying, "I will teach them the chapter or the law (both terms seemingly refer to the Oral Torah) two or three times until they know it well, as it was taught, but I will not trouble Myself to enable them to understand the reasons for the matter and its explanation."  Therefore, it is said:  "you shall set before them," like a table, set with food and prepared to eat from, placed before someone.

Ramban explains that out of all the laws of the Torah, G-d wished to give the Benei Yisrael the laws of jurisprudence first because they are related to the Ten Commandments.  The first of the Ten Commandments deals with knowledge of the existence of the Deity, and the second commandment deals with the prohibition of idol worship.  These are followed by "You have seen that from the heavens I have spoken with you" (Shemot 20:19), which corresponds to "I am Hashem, your G-d" (Shemot 20:2); "You shall not make images of anything that is with Me.  Gods of silver or gods of gold you shall not make for yourselves" (Shemot 20:20) corresponds to "You shall not have the gods of others in My presence" (Shemot 20;3).  The laws delineated in the following section corresponds to "You shall not covet" (Shemot 20:14), for if one does not know the law governing a house, a field, or other property, he may believe he can take it for himself.  Therefore, the Torah states:  "And these are the ordinances which you shall set before them."  Fair and just ordinances will guide the Benei Yisrael among themselves, and teach them not to covet what is not rightfully theirs.

Abarbanel explains that in various ways the laws set forth in the following chapters are superior to the Noachide laws and to the laws agreed upon by the nations.  Abarbanel notes that they are superior in two ways:
  1. They include many elements not found in the laws devised by the nations.
  2. Since these laws were given by G-d, one who observes them is rewarded just as he is rewarded for keeping other commandments.  
The section commences with:  "And these are the ordinances which you shall set before them."  the conjunction "and" connects these laws to the Ten Commandments, denoting that these ordinances are included in the Ten Commandments.  Although the Ten Commandments are ten brief statements, many laws are derived from them.  Therefore, the Rabbis teach us (Sanhedrin 2b) that only expert judges may rule concerning these ordinances.  Simple judges may not rule concerning ordinances, since they believe that "You shall not murder" includes only its literal meaning, that one may not kill another human.  The wise person, however, understands that all these ordinances and more are included in the Ten Commandments, but G-d deemed it sufficient to list only these as the pattern for the other laws derived from them.

Abarbanel comments that the end of the sidrah teaches us the reward for those who keep these ordinances, as the Torah says:  "Behold, I am sending an angel before you, etc." (Shemot 23:20).


lifneihem - before them.

Rashi from Tanchuma 3: Before them, but not before gentiles.  Even if you know that they (gentiles) judge a certain law similarly to the laws of Yisrael, do not bring it to their courts, for one who brings Jewish lawsuits before gentiles profanes the Divine Name and honors the name of idols to praise them (other editions:  to give them importance, as it is said:  "For not like our Rock (G-d) is their rock, but yet our enemies judge us" (Devarim 32:31).  When we let our enemies judge us, this is testimony to our esteem of their deity.

Sefer Hazikkaron: Since the gentiles should know that "their rock is not like our Rock," how could the Benei Yisrael submit their litigation to the gentiles?  It must be that, G-d forbid, the Benei Yisrael think their (the gentiles') deities has importance.  Therefore, the Torah forbids taking lawsuits to gentile courts.

Rashi explains because the antecedent of "before them" is obscure (Gittin 88b), that this refers to the seventy elders who ascended to Har Sinai with Moshe before the giving of the Torah, mentioned in Shemot 24:1.  The Tosafists, however, explain that "before them" refers to "the judges" mentioned in v6 and other places in these chapters.

Ramban:  From this verse the Talmud derives that only those ordained by Moshe or by those who trace their ordination back to Moshe may officiate as judges. Even if un-ordained judges are knowledgeable in the case brought before them, they may not judge it unless both litigants agree to accept their decision.  Should the litigants agree to accept the decision of a non-Jewish judge, however, they may not submit their case to these judges.

Mechilta: Should Jewish judges issue a verdict and a litigant refuses to abide by their decision, the court may resort to coercion through non-Jews until the litigant obeys.

Hence, according to the Rashi, following the Rabbis, the expression of setting or placing the ordinances (tasim) can be interpreted in two ways:

  1.  G-d commanded Moshe to teach Yisrael the ordinances and explain them thoroughly, so that they would be like a table that is set, ready for a meal.  
  2. G-d commanded Yisrael to submit their lawsuits to qualified Jewish judges.


Ibn Ezra, in his brief commentary explains tasim lifeneyhem as analogous to "and placed before them all these words" (Shemot 19:7) and "And this is the law that Moshe placed" (Devarim 4:44), meaning that Moshe was to present these ordinances before the people either orally, in writing, or both.

In his long commentary, Ibn Ezra explains that after the Benei Yisrael said to Moshe, "You speak with us" (Shemot 20:16), and Moshe entered the opaque darkness, G-d said to him, "So shall you say to the Benei Yisrael" (Shemot 20:19), and He admonished the Benei Yisrael not to make gods of silver or gold.  He instructed Moshe that after his descent from the mountain, he should form a covenant with Yisrael that their G-d should be the Master alone.  G-d also instructed Moshe concerning the details of the laws of jurisprudence and the commandments that he should tell the Benei Yisrael.  If the Benei Yisrael agreed to accept them, G-d would then form a covenant with them.  At the termination of this parsha, after the laws, G-d said, "Behold, I am sending an angel before you" (Shemot 23:20).  This parsha's main theme is the Benei Yisrael's eradication of idolatry from their land as soon as they entered it, as Moshe had told them before they formed the covenant.  Thus, the beginning of the section warns the Benei Yisrael against worshiping other gods, and the end of the section admonishes them to eradicate pagan worship from their land in order that they will not "...worship their gods" (Shemot 23:33).

Source: Mikraoth Gedoloth - Shemot



Ve'eleh hamishpatim asher tasim lifneihemAnd these are the ordinances [laws] which you shall set before them

The previous section described how the Torah was given.  But there the Torah spoke on of the Ten Commandments. (Mechilta; Rashi)  It must be understood that, just as the Ten Commandments were given with thunder and lightening (19:16), so were all the laws mentioned in this section. (Mizrachi; Yeffeh Toar, p. 152; Tzedah LaDerech)

All the laws that are in this section were also given at Sinai.  They were given on the same day as the Ten Commandments, with similar thunder and lightning.  There is no difference between the manner in which these laws were given and that of the Ten Commandments. (Cf. Etz HaChayim)

These social laws were given before the rest of the Torah.  And even before the Benei Yisrael came to Sinai, G-d gave them social laws (mishpatim) at Marah (15:25).

The reason for this was that before the Torah could be given, all the Benei Yisrael had to be unified.  They had to have one heart, with peace, friendship and brotherhood, with no needless hatred whatsoever.

In order to learn the Torah, one must have peace.  If people discuss the Torah, it must be to attain truth, not to win arguments or display one's knowledge.

Thus, the basis of the entire Torah is peace; and this is the foundation upon which everything else rests.  Therefore, G-d gave social laws before He gave any of the other commandments of the Torah.  If a person has claims or arguments against his neighbor, there will be strife between them.  But through a system of justice, it is determined who is liable and who is innocent, and strife is avoided.

It is taught that the world is sustained by three things:
  1. by law
  2. by truth
  3. and by peace

Law - depends on a judge.  He must know how to judge a case fairly, and how to see through falsehood.

Truth - depends on the witnesses. They must be careful not to testify falsely.

Peace - depends on the litigants.  Whether one is exonerated or found liable, he should accept the verdict in a positive manner.  This removes the controversy form among them, and they can leave as if there was never any dispute between them.

If not for social laws, civilization would come to an end.  The strongest person would gain the upper hand, and each one would make use of his strength to take way that which was not rightly his.

Avraham reached a level where he could be called "G-d's friend," as G-d said, "[They are] the offspring of Avraham My friend" (Yeshayahu 41:8). But he only attained this because he taught the world how to live under the rule of law.  This was the lesson that he taught to his children.

Moshe also accepted Yitro's advice about appointing judges and officials to administer justice.  He wanted to insure that one person would never take the property of another illegally.  G-d agreed to this.

Yehoshua taught the Benei Yisrael, and made a covenant with them, explaining to them the main rules of Judaism.  His last words to the Benei Yisrael dealt with social laws.

After Yehoshua, there were judges in ever generation  who would correct the Benei Yisrael, and not allow them to violate the law.  It was because of this that they were successful against their enemies.

This was also the main task of the prophet Shmuel.  He would make circuits of the entire land of Yisrael each year to judge the Benei Yisrael. (1Shmuel 7:16).  Every year he went to different places, guiding the people, and ridding them of crime.

One of Shmuel's greatest accomplishments was crowning David as king of Yisrael.  Regarding David it is written, "David brought about justice and charity, and Yoav sustained the rest of the people." (2Shmuel 8:15; 1Divrei HaYamim 11:8; especially 1Divrei HaYamim 18:14)

King Shlomo's only request to G-d was that he be given wisdom to be able to judge the people fairly and justly (1Melachim 3:9).  He did not ask for wealth or fame.  G-d was pleased with this request, and gave Shlomo so much wisdom, that he became famous throughout the world as a fair and just ruler.

Similarly, when the Scripture speaks about the greatness of Mashiach, it says, "He will judge the poor with righteousness, and decide for the meek of the land with fairness" (Yeshayahu 11:4).

Yerushalayim, too, will only be rebuilt through the merit of justice. It is thus written, "Tziyon will be redeemed through justice" (Yeshayahu 1:27).  G-d desires justice more than any sacrifice. (Tur, Choshen Mishpat 1; Bet Yosef ad loc.)

The Torah was given at Har Sinai in the morning, as it is written, "It was the third day in the morning, and there was thunder and lightning" (19:16). On that day, G-d also gave the Benei Yisrael a legal code, which included both monetary laws and a criminal code. (Shemot Rabbah)

It is written, "The strength of the King is that He loves justice" (Tehillim 99:4).  G-d loves those who administer justice.  The Torah was given only so that justice would be carried out.  If there were no justice, everyone would do what he desired, because he would have no one to fear.  Little by little, he would commit many sins, and the Torah would be forgotten.

But when justice is administered, and the law is upheld, people learn; and in such an honest environment, civilization flourishes.  When people deal lawfully in business, they also keep all the other laws of Judaism.  Crime and wrongdoing then cease to exist. (Shemot Rabbah.  Cf. Akedat Yitzchak; Derash Moshe)


The Death Penalty

The courts of Yisrael were given the authority to impose the death penalty as a punishment for certain crimes.  The death penalty could take four forms:
  1. sekilah - stoning
  2. serefah - burning
  3. hereg - decapitation
  4. chenek - strangulation
When the Beit HaMikdash (the Holy Temple) was built, a special chamber was included.  It was known as Lish'kat HaGazit (the Chamber of Hewn Stone).  This is where the Sanhedrin sat when they judged capital cases.

It is a positive commandment for the courts to impose the death penalty where it is required by the Torah.  If a court fails to impose it, the court is guilty of violating one of the commandments of the Torah.

The death penalty can be imposed on men and women alike.  The penalty depends upon the crime, not the perpetrator.


Sekilah (stoning):  
If this was the penalty imposed, when the condemned person came to within four cubits (approx. 6 feet) of the stoning platform, he would be stripped of all his clothing except his pants.  A woman would also be allowed to wear a shirt. 
The stoning platform was twice the height of a man.  The two witnesses (through whose testimony he was condemned) would lead him to the top of this platform.  His hands would be tied, and one of the witnesses would push him down from the platform so that he would fall down face forward.  
If the condemned person died of this fall, he was considered to have been killed by "stoning," because in describing this penalty, the Torah says, "He shall be stoned or thrown down" (19:13).  This teaches that throwing a person from a high place is the same as stoning him. It makes no difference whether stones are thrown on him or he is thrown down on stones.  
If the condemned did not die immediately upon being thrown down, the two witnesses would take a large stone prepared especially for the purpose and throw it on his chest.  The stone had to be so heavy that it took the two of them to lift it. (Tanchuma, Pekudai)   
If the condemned was still alive, all the onlookers would pelt him with large stones until he was dead.  It is thus written, "The hand of the witnesses shall be the first upon him to put him to death, and afterwards the hand of all the people" (Devarim 17:7)

There are eighteen crimes for which the penalty is death by stoning:
  1. Incest between a man and his mother.
  2. Incest between a man and his father's wife.
  3. Incest between a man and his daughter-in-law.
  4. Adultery with a betrothed girl.
  5. Homosexual sodomy.
  6. Bestiality.
  7. A woman submitting to an animal.
  8. Blasphemy.
  9. Idolatry (as explained in Yitro, on v20:5)
  10. Giving one's seed to Molech (VaYikra 20:2). This was a type of idolatry where a fire was burned, and one's children had to pass through it.
  11. Sorcery through necromancy (ov, VaYikra 20:27)
  12. Pythonism (yid'oni, Ibid.)
  13. Enticing individuals to idolatry, even if no act is committed.
  14. Instigating communities to idolatry.
  15. Witchcraft.
  16. Violating the Shabbat through any of the 39 categories of forbidden work.
  17. Cursing a parent.
  18. A rebellious son (Devarim 21:18-21).
For two of these crimes, blasphemy and idolatry, not only would the condemned be stoned, but after his death, he would be hanged.  This only applied to men; women were not hanged, since it was not seemly.

When hanging was required, a heavy pole would be placed in the ground.  Securely fastened to it would be a protruding board (like a gallows).  The hands of the executed criminal would be bound together, and the corpse would hang by it hands from the protruding beam.

Both the execution and hanging would take place shortly before sunset.  If a man was hanged, he would be taken down after a short while.  It was forbidden to allow him to remain on the gallows, since it is written, "[You shall hang him on a beam], but his body shall not remain over night on the beam" (Devarim 21:22, 23)

If a betrothed girl (naarah me'urasa) committed adultery, she would be stoned at the door of her father's house.  If he did not have a house, she would be stoned at the city gate. If the majority of the city were gentiles, she would be stoned at the door of the courthouse. The idea was that she should be stoned in an obvious place so as to publicize the execution. (Sefer Mitzvot HaGadol)


Serefah (burning):

This was accomplished by placing the condemned in dung up to his knees. A piece of tough cord would be placed inside a soft cloth, and it would be placed around the condemned person's neck.  The two witnesses would then pull on the cloth.  Meanwhile, a ladle of molten lead or tin was prepared.  While the molten metal was still on fire, the witnesses would pull on the cloth hard enough to force the condemned one to open his mouth.  The molten metal would then be poured down his mouth, burning out his insides.

There were ten crimes for which the penalty was death by burning:
  1. Adultery on the part of the daughter of a kohen-priest who was married.  (If she was merely betrothed, her penalty was stoning.)
  2. Incest between a man and his daughter.
  3. Incest between a man and his daughter's daughter.
  4. Incest between a man and his son's daughter.
  5. Incest between a man and his wife's daughter.
  6. Incest between a man and the daughter of his wife's daughter.
  7. Incest between a man and the daughter of his wife's son.
  8. Incest between a man and his mother-in-law.
  9. Incest between a man and the mother of his mother-in-law.
  10. Incest between a man and the mother of his father-in-law.

Hereg (decapitation):

This penalty consisted of decapitation as it was practiced by ancient governments.

There are two crimes for which the penalty of decapitation was imposed:
  1. Murder.
  2. Being a member of a community that worshiped idols collectively. 
The courts were not permitted to have pity on a murderer, saying, "One person has already been killed; what good will it do to take another life?"  G-d commanded us not to have pity on such a criminal, but to eliminate him from the world.  It is thus written, "Do not let your eye take pity on him. You must eliminate (the shedder) of innocent blood from Yisrael" (Devarim 19:13).  It is similarly written, "You must eliminate evil from your midst." (Devarim 13:6, 17:7, 19:19, 21:21, 22:21, 22:24, 24:7, 17:12, 22:22)


Chenek (strangulation):

This was carried out by placing the condemned in dung up to his knees.  A hard cloth would then be placed in a soft scarf, and it would be placed around the condemned's neck.  The two witnesses would then tighten it until he died.

There were six crimes carrying the penalty of death by strangulation:
  1. Adultery with a married woman.
  2. Wounding a parent.
  3. Kidnapping a fellow Jew.
  4. False prophecy.
  5. Prophesying in the name of heathen deities.
  6. A sage who is insubordinate to the Sanhedrin.
The reason for the harsh penalty for insubordination to the Sanhedrin was that the Sanhedrin in Yerushalayim was the supreme authority in Jewish law and the guardian of the Oral Torah.  It was this body that had the final say in all questions of law and judgment.  If one believed in Moshe and the Torah that he gave, he had to remain subordinate to the Sanhedrin. 

It is therefore forbidden for a rabbi to render a decision that goes against that of the Sanhedrin.  To do so is a crime punishable by strangulation. Furthermore, if the Sanhedrin finds it proper to enact legislation for the common benefit, it is forbidden for any individual to oppose them.

When two sages or two groups disputed a point of Torah law, both groups would go to Yerushalayim and present their case to the lower Sanhedrin that convened at the gate of the Temple Mount.  If they accepted the verdict of this lower Sanhedrin, the case would be settled.

If not, they would all present the case before a higher Sanhedrin, which convened at the outer gate of the Temple.  Again, if their verdict was accepted, the case would be settled.

If not, however, all would go to the supreme Sanhedrin which convened in the Chamber of Hewn Stone (Lish'kat HaGazit), a chamber within the Temple grounds used only by the Sanhedrin.  It was here that capital cases were judged, and decisions were rendered for all Yisrael.  Whatever decision that they rendered in a case was absolutely and finally binding for all parties.

If it then became known that one of the sages still followed his own opinion in this case, and rendered opinions that would mean acting against the Sanhedrin's decision, he would be considered an insubordinate sage (zaken mamre).  This was true even if the Sanhedrin's decision was lenient and he was taking a stricter view.

If there were two witnesses who would testify to his decision, he would incur the death penalty.  This was true even if he did not actually perform an act, but merely rendered a decision for others.  He would be taken to Yerushalayim, to the supreme Sanhedrin.  If this took place during the year, he would be kept in prison, and held there until the next festival.  The sentence would then be passed down, and the rabbi would be executed by strangulation.

The sentence would be delayed until a festival so as to publicize the event.  On festivals, Jews would come to Yerushalayim from all over the world.  Regarding the rebellious rabbi, the Torah says, "All the people shall hear it and fear" (Devarim 17:13).

Anyone executed by the courts would not be buried among other Jews.  Rather, they all had a separate place.  There was one place for those executed by stoning and burning, and a second place for those executed by decapitation and strangulation.  After a time, when the flesh had decayed, the bones would be exhumed and reburied in the ancestral graves. (Yad, Sanhedrin 14:9)

The Divine commandment requires that the condemned person must be buried on the same day that he is executed.  The corpse may not remain unburied overnight.  The stones with which he was killed, the pole upon which he was hanged, the sword with which he was decapitated, and the scarves used to strangle him were all buried alongside him.  Nothing would then be said against these objects, such as, "This was the stone that killed a man," or "This is the sword that severed his head."

The relatives of the executed man would not make the condolence meal (as in the case of other mourners) since it was forbidden for them to eat all that day.  It was similarly forbidden for the court that condemned a man to death to eat on the day he was executed.

However, if a person was executed during the intermediate days of a festival (chol ha-moed), the court was permitted to eat and drink in honor of the festival.  The sentence was passed before sundown, and the condemned man was then executed.

There is no mourning for a person executed by the courts.  After the execution, the condemned man's heirs and relatives were required to go to the court and to the witnesses, and inquire as to their welfare.  This was to demonstrate that they were not holding anything against them, and that they acknowledged that the trail was fair, with no gain to anyone involved. (Yad, Sanhedrin 13:4-6)


Flogging

Just as the courts are commanded to execute a condemned criminal, so are they commanded to flog those who commit crimes for which the punishment of flogging (malkot) is prescribed.  The circumstances must be that two witnesses saw a person violating one of the Torah's prohibitions, and warned him that he should desist.  If he ignores them, he is brought to court.  After the witnesses testify and the trial is heard, he can be condemned to be flogged.

After sentence has been passed, the congregational overseer (chazon) pulls the garments off the criminal's upper body with all his strength.  It does not matter if they tear or unravel.  His chest is thus laid bare from the waist up.

The flogging place had a stone upon which the overseer would place his feet for support.  There was also a wooden pole to which the criminal's hands would be tied so that he would be helpless.

The flogging would be administered with a calfskin strap folded over four times.  At its end, it had two straps of donkey skin.  The strap was a hand-breadth wide and long enough to reach around to the criminal's belly. The strap also had a handle a hand-breadth long.

Thirty-nine lashes would be administered, a third on his chest between his breasts, and a third on each shoulder.  The leading judge would read certain verses, the second one would count the lashes, and the third would instruct the official to administer each blow.  If the criminal died as a result of the flogging, it was not considered an act of murder.

The verse that the first judge would read was, "If you do not carefully observe all the words of this Torah that are written in this book, so that you will fear the wonderful and awesome Name, HaShem your G-d, then G-d will strike you with extraordinary plagues.  He will also strike your children, and there will be terrible, long-lasting plagues, horrible epidemics of long duration.  He will bring back upon you all the diseases of Egypt that you dreaded, and they will be incurable.  There will also be every sickness and every plague that is not written in this book of the Torah; G-d will bring them upon you until you are destroyed  (Devarim 28:58-61).

There is an important reason that the criminal is flogged with thirty-nine lashes.  An embryo takes forty days to attain human form.  Thus, the very essence of a human being is forty.  He is given this many lashes to indicate that this is an act of mercy so that he will not die for his sin.

The number of lashes is thus thirty-nine, that is, forty less one.  This teaches that if he repents with heart and soul, his sin is forgiven, and he will be allowed to live. (Mabit, Beit Elokim 3:49)

There are 168 violations in the Torah for which the punishment is flogging:
  1. Making an idol even though one does not worship it, but only makes it for others.
  2. Making forbidden statues. 
  3. Turning and gazing at idols, in violation of the commandment, "Do not turn to the idols" (VaYikra 19:4)
  4. Setting up a monolith, as gentiles do for idolatrous purposes   The Torah forbids this, even if it is done for G-d. (Chinuch, Shoftim)
  5. Planting a tree in the Temple.
  6. Setting up a figured stone in violation of the commandment, "Do not set up a figured stone in your land upon which to bow" (VaYikra 26:1).  This teaches that it is forbidden to bow down on a specially decorated tone, since this is an idolatrous custom.  It appears as if one is bowing to the stone, even though this is not his intent. (Chinuch, BeHar)
  7. Swearing by the name of an idolatrous deity.
  8. Making a vow in the name of such a deity.
  9. Deriving enjoyment from such a deity.
  10. Rebuilding a city destroyed for idol worship (ir ha-nidachat).  Such a city must be burned, and it may never be rebuilt.
  11. Deriving enjoyment from anything from such a city, such as its lumber and stones.  All use of everything from such a city is forbidden; it all must be burned.
  12. Following gentile customs.
  13. Divination (kosem).
  14. Soothsaying (me'onen)
  15. Enchanting (menachesh)
  16. Charming (chover chaver)
  17. Consulting the dead.  All these are forbidden forms of occultism (Devarim 18:10,11).
  18. Erasing G-d's Name, damaging a stone from the Altar, or burning sanctified wood.
  19. Extinguishing the Altar fire, since this fire must burn constantly, day and night, without interruption (VaYikra 6:6).
  20. Climbing up to the Altar with stairs (20:23)
  21. Entering the Temple with ritually unclean clothing.
  22. Entering the Temple while ritually unclean from a flux or the like (VaYikra 15).
  23. Removing the staves from the Ark (25:15).
  24. Removing the breastplate from the efod (28:28).
  25. Tearing the priestly garment (me'il) (28:32).
  26. Offering sacrifice on the golden Altar (30:9).
  27. A priest entering the inner chamber of the Temple when it is not the time of Divine service.
  28. A maimed priest who enters the Temple (VaYikra 21:23)
  29. Entering the Temple while drunk (VaYikra 10:9-11).
  30. A maimed priest who participates in the Divine service (VaYikra 21:17).
  31. An uncircumcised priest who serves in the Temple.
  32. A priest who performs the service of a Levi (BaMidbar 18:3).
  33. A priest who enters the Temple with overgrown hair (VaYikra 10:6).
  34. A priest entering the Temple with torn vestments (Ibid.).
  35. Sanctifying a blemished animal for the Altar (Devarim 14:3).  This is considered disrespectful, since even to a fellow human being it would not be proper to make a gift of a blemished animal.
  36. Slaughtering a blemished animal as a sacrifice.
  37. Sprinkling the blood of such an animal on the Altar.
  38. Offering a blemished animal as a sacrifice for a gentile.
  39. Blemishing a consecrated animal.
  40. Making use of such an animal.
  41. Shearing the wool of such an animal.
  42. Burning leaven or honey on the Altar (VaYikra 2:11). Since they are substances that swell and rise, they may not be brought into the Temple.
  43. Allowing the remains of the meal offering (minchah) to become leaven (VaYikra 6:10)
  44. Burning a sacrifice without salting it (VaYikra 2:13).
  45. Offering an animal received as the hire of a harlot or the price of a dog (Devarim 23:19).
  46. Placing olive oil in a sin offering (VaYikra 5:11).
  47. Placing frankincense (levonah) in such an offering (Ibid.).
  48. Placing olive oil in the offering of a woman suspected of adultery (BaMidbar 5:15).
  49. Placing frankincense in such an offering.  It is forbidden to place oil or frankincense in the offering of a woman suspected of adultery.  Since she may have behaved like an animal, her offering must be like animal food, without any seasoning.
  50. Removing the head from a bird sacrificed as a sin offering (VaYikra 5:8).  A bird offering is slaughtered by nipping (melikah), where the priest pushes his fingernail through its spine until its vital passages (simanim) are severed. When doing so, he must be careful not to decapitate the bird completely.  To do so incurs a penalty of flogging.
  51. Substituting one sacrifice for another (VaYikra 27:10).
  52. Eating the flesh of a sacrifice that becomes ritually unclean (VaYikra 7:19).
  53. Eating an invalid sacrifice.
  54. Eating the flesh from the most holy sacrifices outside of the Temple area (Shemot 29:33).
  55. One who is not a kohen-priest eating the flesh of the most holy sacrifices (VaYikra 12:17).
  56. A non-priest eating the flesh of a first-born animal (Devarim 12:17).
  57. A kohen-priest's daughter who is married to a simple Yisraeli, eating priestly offerings, whether during the lifetime of her husband or after his death.
  58. A defiled priest who east the priestly crop offering (terumah).  That is, if a kohen-priest marries a harlot or a divorcee, any child born of this union is considered defiled (chalel) from the sanctity of a priest.  He is therefore forbidden to eat terumah.  Similarly, if a priest marries the defiled daughter of a priest, their children are also defiled priests.
  59. Eating sacrifices of secondary holiness (kadashim kalim) outside Yerushalayim.
  60. Eating such sacrifices before the blood is dashed on the Altar.
  61. Eating a first-born animal outside of Yerushalayim (Devarim 12:17).
  62. Eating the second tithe outside Yerushalayim.
  63. A priest who eats the first fruits before they are brought into the Temple (29:33).
  64. A priest who eats first fruits outside of Yerushalayim after they have been brought to the Temple.
  65. Eating the defiled second tithe in Yerushalayim before it has been redeemed.
  66. Eating the second tithe in Yerushalayim while ritually unclean (Devarim 26:14).
  67. Eating the second tithe or other sacred things while in the initial mourning period, before the deceased is buried.
  68. One who is uncircumcised due to reasons beyond his control, who eats sacrificial flesh or terumah.
  69. Eating the meal offering of a priest or other offerings that must be completely burned.
  70. Eating sin offerings which must be burned.
  71. Slaughtering the Pesach offering while having leaven in one's possession (34:25).
  72. Breaking a bone in the Pesach lamb, whether with one's hand or while chewing it (12:46).
  73. Removing flesh from the company eating the Pesach Lamb.
  74. Eating the flesh of the Pesach lamb raw or cooked.  It must only be eaten roasted (12:9)
  75. Eating the flesh of the Pesach lamb outside the prescribed group.
  76. Deriving personal use of something that is consecrated.
  77. Eating grain or other produce before tithes have been separated, even if the priestly portion (terumah) has been removed.
  78. Eating the flesh of an animal which must be stoned, even if it is properly slaughtered (21:28).
  79. Eating a non-kosher animal.
  80. Eating a non-kosher bird.
  81. Eating a non-kosher aquatic animal.
  82. Eating a non-kosher flying insect.
  83. Eating a small terrestrial animal.
  84. Eating a non-kosher aquatic insect or worm.  It is for this reason that infested water must be strained before it is used for culinary purposes.
  85. Eating land invertebrates, such as those that thrive in compost.
  86. Eating worms that grow in fruits.  Therefore, people who make jams and jellies without examining the fruit, are guilty of a major violation for eating their product.  If they sell the preserves or give them away as a gift, they also cause others to sin.  Since it was made by a Jew, people naturally assume that it is kosher.  For every such worm that is eaten, there are five separate penalties of flogging.
  87. Eating meat from an animal that was not properly slaughtered according to the law (nevelah).
  88. Eating flesh from an animal with a fatal lesion (terefah).
  89. Eating flesh from a living animal.  This refers to eating flesh cut off from an animal that is still alive.
  90. Eating the sciatic nerve (gid ha-nasheh) (Bereishit 32:33).
  91. Eating meat cooked with milk.
  92. Cooking meat and milk together, even if one does not eat it.
  93. Eating new grain before the 16th of Nissan, which was when the Omer was offered.  Even though the Temple is not standing today, if one knows that the grain is new, it may not be eaten, whether in Yisrael or elsewhere.  It can only be eaten after the proper time.
  94. Bringing a new meal offering before the two breads are brought on Shavuot.
  95. Eating fruit from a tree during the first three years after it is planted (orlah). All fruit that grows during the initial years may not be used in any manner whatsoever (VaYikra 19:23).
  96. Eating the growth of mixed plants in the vineyard (Devarim 22:9).
  97. Eating something containing leaven on Pesach, even if it contains a minute amount.
  98. Eating leaven on the day before Pesach after the cutoff time.
  99. Keeping leaven in one's possession on Pesach.
  100. Drinking wine offered as a libation to idols.
  101. A nazir eating grape products (BaMidbar 6:3).
  102. A nazir shaving himself.
  103. A nazir defiling himself.
  104. Shaving a leprous scab (VaYikra 13:33).  If it was shaved, the kohen-priest would not be able to tell if it was a sign of ritual defilement. (Chinuch, Tazria)
  105. Severing a leprous mark from one's body.  A person must realize that he must accept Divine punishment, and not think that he can hide it from people.  If one tries to remove the mark of sin, even worse punishments may come upon him.  Rather, he should repent, and beg G-d to heal him.
  106. Cultivating the valley where a calf is sacrificed (egla arufah) as atonement for an unsolved murder (Devarim 21:4).
  107. Sowing a field during the Sabbatical year.
  108. Cleaning a field during the Sabbatical year.  This includes removing chips and hoeing around plants to make them grow better.
  109. Reaping grain during the Sabbatical year, even if it grows on its own.
  110. Harvesting grapes during the Sabbatical year, even if they grow on their own.
  111. Sowing a field during the Yovel (Jubilee year), which comes every fifty years, after seven Sabbatical years.
  112. Reaping grain during the Yovel.
  113. Harvesting grapes during the Yovel.
  114. Reaping a field without leaving the corners for the poor (VaYikra 23:22).
  115. Harvesting grapes and not leaving the portion for the poor.
  116. Harvesting fallen grain (leket) and not leaving it for the poor.  This consists of the grain that falls during reaping; it may not be taken.
  117. Harvesting misformed clusters of grapes.
  118. Returning to get a sheaf of grain forgotten in the field (Devarim 24:19).
  119. Taking young birds without sending away the mother (Devarim 22:6).
  120. Planting two different species together (VaYikra 19:19).
  121. Planting grain in a vineyard (Devarim 22:9).
  122. Grafting one species of tree onto another.
  123. Crossbreeding different species of animals.
  124. Plowing with an ox and a donkey together, or harnessing them together to a wagon.  This is also forbidden with any two diverse species of animals (Devarim 22:10).
  125. Muzzling an animal while it is working to prevent it from eating (Devarim 25:4).
  126. Slaughtering a mother animal and its child on the same day.
  127. Taking something as security for a loan and not returning it at the proper time (Devarim 24:12).
  128. Taking such security from a widow (Devarim 24:17).  This is only forbidden after the loan, but not as a precondition when the loan is made.
  129. Taking as security the utensils used for cooking (Devarim 24:6). Since the poor man is left without a pot to cook in, he suffers.
  130. Committing perjury.
  131. Striking another person.
  132. Being a rebellious son.  On the first occasion, such a youngster is flogged.  On future occasions, the penalty is death by stoning.
  133. Slandering the virtue one one's wife.
  134. Cursing another person using G-d's Name.  Unfortunately, this is quite prevalent now.
  135. Swearing falsely.
  136. Swearing trivially, even though the oath is true. 
  137. Violating a vow.
  138. Walking beyond the permitted area (techum) on the Shabbat.
  139. Doing work on a festival.
  140. Shaving off the sides of one's head (peyot) (VaYikra 19:27).
  141. Shaving one's beard with a razor (Ibid.).
  142. Lacerating oneself for the dead (VaYikra 19:28).
  143. Making baldness on one's head for the dead (Devarim 14:1)
  144. Tattooing oneself, as gentiles do (VaYikra 19:28)
  145. Wearing a mixture of wool and linen (shaatnez) (Devarim 22:11).
  146. Wantonly destroying fruit trees.
  147. A man wearing the garments of woman.
  148. A woman wearing the garments of man.
  149. A kohen-priest defiling himself by contact with a corpse.
  150. A kohen-priest who marries a harlot and consummates the marriage.
  151. A kohen-priest who marries a divorcee and consummates the marriage.
  152. A kohen-priest who marries a defiled daughter of a priest (chalalah) and consummates the marriage.
  153. A high priest (kohen gadol) who is intimate with a widow, even if he does not marry her.
  154. Marrying a childless widow who is bound to her dead husband's brother (yibum) (Devarim 25:5).
  155. Remarrying one's divorced wife after she has been married to another man (Devarim 24:4).
  156. Intercourse with a prostitute.
  157. A bastard (mamzer), from an adulterous or incestuous union, who marries a Jewish woman and consummates the marriage.
  158. A man with maimed sexual organs who marries a Jewish woman and consummates the marriage (Devarim 23:2).
  159. Castrating a man or any male animal or bird (VaYikra 22:24).
  160. Raping a virgin (where the rapist must marry her) and then divorcing her (Devarim 22:29).
  161. One who libels the virtue of his wife and divorces her without remarrying her (Devarim 22:19).
  162. Physical contact with any member of the opposite sex with whom sexual intimacy is forbidden.  This includes hugging and kissing.  One who does this is suspected of sexual misconduct.
  163. Intermarriage with a gentile.  The marriage itself is forbidden, even if it is not consummated.
  164. An Ammoni proselyte who marries a Jewish woman and consummates the marriage (Devarim 23:4).
  165. A Moavi proselyte who marries a Jewish woman and consummates the marriage.
  166. A king who takes too many wives (Devarim 17:17).
  167. A king who acquires too many horses.
  168. A king who accumulates too much silver and gold.  This causes his heart to become haughty. (Yad; Sanhedrin 19)

Karet

There are some sins for which the punishment is "being cut off" (karet).

There are three ways in which the penalty of "cutting off" can take place.  Sometimes it can involve the body alone, while at other times it can involve the soul alone.  In some cases, it can involve both the body and the soul.

The usual implication of being "cut off" is that one's life is cut off and he dies prematurely.  If a person is good, but does a sin for which the penalty is karet, he dies in the prime of his life. (Bachya, Acharei Mot; Yad, Teshuvah 8)

One's years can be "cut off."  This means that one coes not live to be sixty.  According to others, it means that one does not live to be fifty. (Tosafot, Shabbat 25a, s.v. Karet)

After this, one's days can be cut off.  This means that after one reaches his 60th year, he does not live out the rest of his allotted days. (Bachya, loc. cit.)

All the above concerns the "cutting off" of the body.  In such a case, the soul remains untainted, and joins other souls in the delights of the Future World.  It is of such a case that the Torah says, "That man shall be cut off from among his people" (VaYikra 17:4).  Here, the Torah is speaking of a case where the person is only cut off physically from among his people, indicating premature death.

There is also a "cutting off" of the soul.  This occurs when a person violates a commandment carrying a penalty of karet, and his sins also generally outweigh his merits.  Such a person is considered wicked, and for him the penalty of karet means that his soul is cut off spiritually, and does not join the other Jewish souls in the next world.  Regarding such a person it is written, "That soul shall be cut off" (Bereishit 17:14).

Therefore, if we see a person eating leaven on Pesach, violating the Shabbat, or committing sexual crimes, and still living a long life, we should not be surprised.  The cutting off of the body by premature death only applies to a tzaddik who violates a sin with the penalty of karet.  He then dies prematurely to atone for his sin, so that he will gain serenity in the World to Come.

The third type of karet involves both the body and soul, and it is reserved for the sins of idolatry and blasphemy which are direct insults to G-d.  Regarding these sins, it is written, "Cut off, cut off (hikaret tikaret) shall be the soul, its sin shall remain with it" (BaMidbar 15:31).  The expression "cut off" is repeated twice to indicate that the individual will be cut off physically in this world, and spiritually in the World to Come.  (Bachya, loc. cit.)

There are 44 sins for which the penalty is karet.  Some of these also carry the death penalty if there are witnesses and proper warning, but where the death penalty cannot be imposed, the Divine penalty of karet is still exacted by G-d.  Therefore, although some of these sins are listed earlier among those carrying the death penalty, they are repeated here, since where the legal means to carry out the death penalty are not found, the penalty is karet.

Since there no longer exists a Sanhedrin that can impose the death penalty today, the penalty of karet is automatic for all these sins.  The only way that it can be avoided is by teshuvah (repentance).  One must be aware of this penalty, and not think that if no one sees him commit the sin that he will go scot free.

The following sins carry the penalty of karet:
  1. Incest between mother and son.
  2. Incest between a man and his mother-in-law.
  3. Incest between a man and his mother's mother.
  4. Incest between a man and his father's mother.
  5. Incest between father and daughter.
  6. Incest between a man and his daughter's daughter.
  7. Incest between a man and his son's daughter.
  8. Incest between a man and his wife's daughter.
  9. Incest between a man and the daughter of his wife's daughter.
  10. Incest between a man and the daughter of his wife's son.
  11. Incest between brother and sister.
  12. Incest between a man and the daughter of his father's wife.
  13. Incest between a man and his father's sister.
  14. Incest between a man and his mother's sister.
  15. Incest between a man and his wife's sister.
  16. Homeosexual relations between a man and his father.
  17. Homosexual relations between a man and his father's brother.  In both these cases, this is a penalty in addition to that for homosexual relations in general (#22). (Mishneh LaMelech)
  18. Incest between a man and his daughter-in-law, the wife of his sons.
  19. Incest between a man and his brother's wife.
  20. Adultery between any man and a married woman.
  21. Intercourse between a man and his wife before she immerses to rid herself of her menstrual impurity.  This penalty is all the more severe if the intercourse involves a woman who is not his wife.
  22. Homosexual sodomy.
  23. Incest between a man and his step-mother, the wife of his father.
  24. Incest between a man and the wife of his father's brother.
  25. Beastiality.
  26. A woman submitting to an animal.
  27. Idolatry.
  28. Giving one's seed to Molech.
  29. Necromancy (ov).
  30. Pythonism (yid'oni)
  31. Violating the Shabbat through any of the forbidden categories of work.
  32. Working on Yom Kippur.
  33. Eating or drinking on Yom Kippur.
  34. Eating leftover sacrifices (VaYikra 7:18, 19:8)
  35. Eating leaven on Pesach.
  36. Eating forbidden fats (VaYikra 7:23-25)
  37. Eating or drinking blood.
  38. Eating invalid sacrifices (piggul)
  39. Slaughtering sacrifices outside the Temple.
  40. Burning sacrifices outside the Temple.
  41. reproducing the anointing oil for personal use (Shemot 30:33)
  42. Reproducing the sacred incense for private use (Shemot 30:38)
  43. Offering incense outside the Temple.
  44. Making personal use of the sacred anointing oil. (Yad, Shegagot 1:4)
In all the cases where there is no death penalty, the above violations carry the penalty of flogging.  If a person repents and is flogged, his sin is atoned and he is freed from the penalty of karet.


Death by G-d's Hand

There are some sins for which the penalty of death by the hand of G-d (mitha bidei Shamayim).  This indicates that the person is punished by premature death for his sin, even if he has no other sin. (Tosafot, Shabbat 25a, s.v. Karet)  

Since death by the hand of G-d involves premature death, it is very much like karet.  However, where the penalty of karet is exacted, both the individual and his children can be killed.  Where the penalty is death by the hand of G-d, the offender dies, but no penalty is exacted against his children. (Aruch, s.v. Karet.  Cf. Gan HaMelech 29; Tosafot, loc. cit.; Rashi, ibid)

There are eighteen offenses for which the punishment is death by the hand of G-d:
  1. A non-kohen eating the priestly offering (terumah), whether it is clean or unclean.
  2. A non-kohen eating the terumah separated from the tithe (terumat maaser).  This is the portion that the Levi separates from his tithe to give to the kohen-priest.
  3. A non-kohen eating the first-fruits (bikkurim) after they were brought into Yerushalayim.
  4. A non-kohen who eats the dough offering (challah).
  5. Eating untithed produce (tevel).  This is produced from which terumah has not been separated.
  6. Eating bread from which the dough offering (challah) has not been taken.
  7. A ritually unclean kohen-priest eating ritually pure terumah.
  8. A non-kohen participating in the Temple service.
  9. A ritually unclean kohen participating in the Temple service.
  10. Participating in the Temple service while drunk.
  11. Participating in the Temple service after immersing, before the day is over.  Although the initial purification from ritual impurity involves immersion in a mikvah, the purification is not completed until the day is over.
  12. Participating in the Temple service without having offered the necessary purification sacrifice.  In some cases, immersion is not enough, and purification also requires sacrifice; without it, the purifcation ritual is not complete.  Until the sacrifice is offered, the kohen may not participate in the Temple service, and to do so is an offense for which the penalty is death by G-d's hand.
  13. Participating in the Temple service with overgrown hair.
  14. Participating in the Temple service with torn or frayed vestments.
  15. A kohen entering the Holy of Holies when it is not part of the Temple service.
  16. A kohen leaving the Temple during the service.
  17. A Levi performing a service designated for a kohen-priest.
  18. A kohen-priest participating in the Temple service without the proper vestments.  The High Priest wore eight vestments  and the ordinary priests wore four.  If any of these vestments were missing, the penalty was death by G-d's hand.
In all these cases, a penalty of flogging is imposed, just as in the case of offenses incurring the penalty of karet. (Yad, Sanhedrin 19)


Excommunication

Excommunication can take three forms:
  1. nidui
  2. cherem
  3. shamta
Nidui implies that the person must separate himself from the community.  It implies excommunication for at least thirty days.  If the person does not repent his deed, he is penalized again, and placed in nidui for an additional thirty days.  If he still remains rebellious, he is then placed in cherem.

Even though there is a chance that he will go to bad ways if excommunicated, we are not concerned.  Since he is a wicked person, we do not want him as part of the Jewish community.

Cherem is worse than nidui. While nidui merely implies that the individual is shunned by the community, cherem also implies that he is accursed.  Shamta is the worst of the three; its etymology implies sham mitah, "death is there." (Moed Katan 17a; Tur, Yoreh Deah 334; Bet Yosef ad loc.; Rosh, Moed Katan 3:8)  This implies that the ban remains in effect even when the person dies.

When a person is excommunicated it is forbidden to stand within 6 feet of him.  He cannot be counted among the three needed for the company blessing (zimun) after meals or among the ten (minyan) required for public worship.

Such a person must behave like a mourner.  It is therefore forbidden for him to have his hair cut, to wash, or to wear shoes or sandals. 

It is forbidden to enter the house of an excommunicated person.  Although his house may be large, the entire house is considered to be within 6 feet of his presence. (Yoreh Deah 334:1, 2, 11)

It is similarly forbidden to accompany such a person on a journey or on a ship.  It is forbidden to engage in any business with him.  It is also forbidden to correspond with him by letter. (Kenesset HaGedolah)

If the courts deem it necessary, they can even forbid the community to circumcise a child born to an excommunicated person.  His children can be excluded from Jewish schools, and his wife can be banished from entering the synagogue.

In some cases, the courts can be so strict as to place an automatic ban of excommunication on anyone who sits within 6 feet of the excommunicated person or eats and drinks with him.

If a person does not take the excommunication seriously, and does not keep all the rules, he is not to be released from it.  He must first keep all the laws of excommunication for as long as he ignored it.

If the excommunicated person dies before he is released, the court sends an agent, and the agent places a stone on the person's grave.  This is to indicate that the person who died deserves to be stoned.

When such a person dies, his relatives do not rend their clothing for him, and no eulogy is said.  The relatives also do not remove their shoes.

It is considered as if he had committed suicide, because he ignored the excommunication, and did not go to the court to ask them to release him.  It is as if he killed himself with his own hands. (Yoreh Deah 334:6-11)

There are thirty offenses for which the penalty is excommunication:
  1. Violation of the commandment, "Do not take the Name of HaShem your G-d in vain" (20:7).  Reverence and respect for G-d implies not using His Name trivially, and certainly not using it in an oath.
  2. Dishonoring an agent of the Jewish courts.  This is true even if one does not speak to him harshly.  If he dishonors the agent in any manner, he is showing disrespect for the courts.
  3. Calling another person a slave, a bastard, an informer, uncircumcised, or unclean. (Tur; Kenesset HaGedolah)  No matter how much one repents this, he is not atoned without being excommunicated or gaining forgiveness from the one he insulted. (Kenesset HaGedolah)
  4. Showing disrespect for anything in the Torah or in the rabbinical tradition. (Tur, loc. cit)  This includes saying that the additional prayers said on the Shabbat are derived from a Karaite custom. (Kenesset HaGedolah)  This also holds true if one shows disrespect for books of Torah literature, and certainly if one dishonors the Torah scroll itself.
  5. Refusing to come to court when issued a summons for a trial (din Torah).
  6. Refusing to accept a verdict handed down by a qualified Torah judge.
  7. Keeping a vicious dog which injures people in one's courtyard or property; or refusing to repair a bad latter which causes injury to passers-by.
  8. Selling to a gentile property adjoining the property of a Jew, and refusing to accept responsibility for any harm that will befall the Jew because of his gentile neighbor.
  9. Commiting perjury in a gentile court so as to gain the property of others illegally.  Such a person is under excommunication until he makes good the loss.
  10. A kohen-priest who slaughters an animal and does not give the priestly portions to another kohen-priest.
  11. Violating the second day of festivals that must be kept outside the Holy Land, by doing any of the categories of work that are forbidden on the Shabbat and festivals.  Even if he does the work through a gentile, he must be excommunicated. (Ibid.)  For people living outside the Holy Land, the second day of a festival must be kept exactly the same as the first day, except where burial of the dead is concerned.
  12. Doing work after noon on the day before Pesach. (Haggadah, p. 198)
  13. Causing people to eat sacrifices outside the Temple.  The Talmud relates that Todos, a leader of Roman Jewry, instructed his community to eat roast lamb on the first night of Pesach.  The sages admonished him and told him that he deserved to be excommunicated, since people might think that the roast lamb was the Pesach offering, and they might think that one was allowed to sacrifice outside of the Yerushalayim Temple. (Pesachim 53a)
  14. Causing the masses to desecrate G-d's Name (Chillul HaShem).
  15. Making the calculations to construct the Hebrew calendar outside the Holy Land.  This may only be done in Yerushalayim, as it is written, "Out of Tziyon shall come the Torah, and G-d's Word from Yerushalayim" (Yeshayahu 2:3)
  16. Causing others to sin.  This is forbidden by the commandment, "Do not place a stumbling block before the blind" (VaYikra 19:14).  This includes striking one's grown son, because this may cause him to insult the father and thus sin.  Also included is giving another person non-kosher food without informing him that it is forbidden.
  17. Preventing others form doing a good deed.  This includes the case where people want to do good, but refrain from doing so because they feel that this individual would not agree to it.  Also included is preventing a rabbi from giving a sermon in the synagogue, since such a sermon would be helpful to people in determining what is permitted and what is forbidden. (Kenesset HaGedolah)
  18. Slaughtering an animal improperly so that it is unkosher, and then selling it to a Jew.
  19. Willfully causing oneself to have an erection.  One causes oneself to have sinful fantasies, and this becomes so rooted in him that it is difficult for him to repent.
  20. Divorcing one's wife and then having business dealings with her.  This causes him to remain familiar with her, and not to reticent with her.
  21. Unlawfully excommunicating another.  If the person who was excommunicated complains to the courts, they must excommunicate the one who excommunicated him.
  22. Unlawfully permitting a married woman to remarry.  Thus, for example, if a man is drowned in unbounded water (mayim she'ain lahem sof), it is forbidden for his wife to remarry, since there is concern that he might have survived without anyone being aware of it, as often occurs. (Cf. Yevamot 16:4 [121a])  If a rabbi permits her to remarry, he is to be excommunicated.
  23. In a small town where there is no burial society, one who refuses to help in the burial of the dead, but does his own work instead.
  24. Bringing a case to a gentile civil court.
  25. Rendering decisions in the same city as one's master without his permission.
  26. Insulting a Torah scholar, even with words alone, and even after his death.  To insult him during his lifetime is obviously a sin.  The main difference, however, is that if the scholar is alive, the person insulting him cannot be released until he asks and gains forgiveness from the scholar.  However if a scholar is insulted, he may forgive the insulter and not excommunicate him.  It is the way of scholars to be insulted without retaliating, and therefore the early sages would not excommunicate someone who dishonored them.  This, however, is only true if the insult was in private.  If it was in public, it is forbidden for the scholar to be forgiving; and if he is, he is subject to punishment, since it was the Torah that was dishonored.
  27. Opening another person's letter and reading it without permission, since it may contain secrets that he does not want others to know about.  It is therefore a custom to write on the outside of a letter ופגי״ן דרגמ״ה (UPGYN DRGMH), which is an abbreviation of U'Phoretz Gader Yish'chenu Nachash DeRabenu Gershom Meor Ha-golah - "He who breaks a fence shall be bitten by [the] snake" (Kohelet 10:8) of Rabenu Gershom, Light of the Exile.  This referes to the decree of excommunication that Rabenu Gershom (965-1028) pronounced against anyone who read another's letter without permission. (Kenesset HaGedolah)  Even if a letter is open, if it has the letters UPGYN DRGMH on the outside, it is forbidden for an outsider to read it.  This is true even if the recipient leaves the ltter open where anyone can read it, since the sender may not have wanted any outside to read it. (Halachot Ketanot 1:59)
  28. Giving the money of another Jew over to gentiles.
  29. Intermarrying with Karaites.  The marriage itself is forbidden, since they do not keep the laws of menstrual separation properly.  Furthermore, many improprieties exist among them with regard to marriage and divorce.
  30. Dishonoring the groups that are set up to do good, especially the collectors and officials (gabaim).

These are the laws that you shall place before them...

G-d told Moshe, "These are the laws that you are to place before the Benei Yisrael.  Do not think that it is enough to review these laws with the people two or three times until they memorize them, as children are taught to memorize without understanding the reasons.  You must realize that you have an obligation to explain all the commandments of the Torah to them.  Place it before them like a set table, where a person can eat what he wishes. (Mechilta; Rashi)

Parashat Yitro

Parashat Yitro
Shemot 18:1 - 20:23


Parashat Summary

Yitro Brings Zipporah, Gershom and Eliezer to Moshe
Moshe Appoints Judges
The Benei Yisrael Camp in front of Mount Sinai
After three days of preparation, the Benei Yisrael encounter G-d at Mount Sinai
God gives the Ten Commandments aloud directly to the people
Benei Yisrael ask Moshe to serve as an intermediary between G-d and them

18:1 Vayishma Yitro chohen Midyan choten Moshe et kol-asher asah Elokim le-Moshe ule-Yisrael amo ki-hotzi HASHEM et-Yisrael miMitzrayim

And Yitro, the priest of Midyan, Moshe's father-in-law, heard of all that G-d had done for Moshe and for Yisrael His people--that HASHEM had brought Yisrael out of Egypt.
Yitro was very important among the pagan priests.  He was so great that he had even served as one of Par'oh's advisors.  But when Par'oh started to devise plans to persecute and kill the Benei Yisrael, Yitro fled.  He gave up his idolatrous practices, and no longer had anything to do with the pagans.

The Torah now tells us Yitro's reaction, when he heard of all that G-d had done for Moshe and Yisrael.  He had heard reports that the Reed Sea had been split and that Amalek had attacked the Benei Yisrael and been defeated (17:8-13). (Rashi; Mechilta)  He had also heard about the miracle of the Manna, how it fell from heaven each day.

But of all the miracles, the greatest was the Exodus itself.  This was the greatest possible miracle, because there was no natural way the Benei Yisrael could have left Egypt.  As soon as he heard about this, Yitro made up his mind to join the Benei Yisrael and became a Ger tzedek. (Yalkut Shemoni; Rashi; Mechilta)

If one contemplates this section well, he will see Yitro's goodness and pure heart.  

The Torah stresses that "Yitro heard" - and did not see.  He was "priest of Midyan" and had to abandon his high postion and wealth.  Moreover, he was "the father-in-law of Moshe," and might have waited for his son-in-law to invite him.

As soon as Yitro heard the news about what G-d had done for Yisrael, he hurried to them, leaving behind all his honor and wealth.  He was too impatient even to wait for an eyewitness who had actually seen the miracles.  He did not even entertain any thoughts about waiting for a personal invitation or a letter from Moshe.

When a person is seeking truth, he is filled with enthusiasm, and is not concerned with playing status games.  All the goods of this world are totally immaterial to him, and he ignores them completely. (Akedat Yitzchak; Keter Shem Tov; Abarbanel)

18:2 Vayikach Yitro choten Moshe et-Tziporah eshet Moshe achar shilucheiha

Moshe's father-in-law, Yitro took Moshe's wife, Tziporah, after he had sent her back [home],

3 Ve'et shnei vaneiha asher shem ha'echad Gershom ki amar ger hayiti be'eretz nochryah

along with her two sons.  The name of one was Gershom, because he [Moshe] had said, "I was a stranger [ger] in an alien land."

4 Veshem ha'echad Eli'ezer ki-Elokei avi be'ezri vayatzileni mecherev Par'oh

The name of the [other] one was Eliezer, because the G-d  of my father was my help [ezer] and rescued me from the sword of Pharaoh.
After Moshe had brought his wife and sons to Egypt, he changed his mind and sent them back to Midyan.  Moshe then went on G-d's mission in Egypt alone. (Rashi)

Our sages teach that Moshe actually had divorced Tzipporah at that time.  The Torah therefore stresses here that Yitro was "Moshe's father-in-law," and Tzipporah was "Moshe's wife." This is a sign of the righteousness of both father and daughter, because neither of them abandoned Moshe.  They both had patience, waiting until the right time came and they could learn the ways of the holy Torah.  Therefore, after all the troubles were over, Yitro and his daughter immediately came to Moshe. (Mechilta; Keter Shem Tov; Sifetei Yeshenim)

Yitro also took Moshe's two sons.  Moshe's first son had been named Gershom.  Upon his birth, Moshe had declared, "I was a stranger (ger) there (sham) in a foreign land." 

Moshe had said that he felt like a total stranger in Midyan, and he felt that the land was completely foreign to him.  All the people in Midyan were idolators, and there was no one who shared his beliefs.  He was the only Hebrew in the entire land. (Mechilta)

When Moshe's second son was born, he named him Eliezer.  He declared, "My G-d (Eli) was my Help (ezer) and rescued me from Par'oh's sword."  Moshe was alluding to an event that had happened previously. Datan and Aviram informed on Moshe, reporting that he had killed an Egyptian.  At that time, Par'oh sentenced Moshe to death, and was ready to kill him (2:15), but as the sword descended, Moshe's neck became as hard as stone, and he was saved. (Rashi)

In speaking of Moshe's second son, the Torah literally says, "The name of the one was Eliezer." This wording is somewhat difficult to understand.  The Torah should have said, "The name of the second was Eliezer." After all, Eliezer was the second son.

This can be understood through the following:

When Moshe ascended on high to receive the Torah, he heard G-d's Voice expounding on the Red Heifer (Parah Adumah - BaMidbar 19). the Voice said, "My son Eliezer has taught that a cow is called a heifer (parah) when it is two years old."   
Upon hearing them, Moshe exclaimed, "Master of the Universe!  All the universe is under Your Hand.  Yet you are teaching something in the name of a mortal human." 
"True," replied G-d.  "A time will come when a tzaddik will be born, and he will be the one to teach the laws of the Red Heifer." 
"Master of the Universe" said Moshe.  "May it be Your will that this tzaddik be my descendant." 
"By your life," replied G-d, "he will be of your offspring." 
The Torah therefore says, "The name of the one was Eliezer."  It is alluding to the great sage, Rabbi Eliezer, who was destined to be a descendant of Moshe. (Yalkut Shimoni; Pesikta)

Rabbi Eliezer had studied Torah as a child.  But he never had time to devote himself to Torah study until he was 28 years old.  From that time on, he was completely dedicated to the Torah and did not engage in any other task. (Tosafot, Shabbat 104a) 

Rabbi Eliezer became such a great sage that it is said of him, "If all the heavens were parchment, if all the reeds were pens, and if all the seas were ink, it would still not be enough to write down all of his Torah teachings." (Avot deRabbi Natan 25:2.  Cf. Shabbat 11a)  He was such a genius that the breadth of his knowledge had no measure.

The Torah alludes to the fact that G-d acquiesced to Moshe's request in the verse, "The name of the one was Eliezer."  The Torah uses this unusual wording to teach that the name of the scholar who would be unique in his time would be Rabbi Eliezer ben Hyrkonos, a descendant of Moshe. (Alshekh. Cf. Divrei Shlomo, p. 180)

18:5 Vayavo Yitro choten Moshe uvanav ve'ishto el-Moshe el-hamidbar asher-hu choneh sham har ha'Elokim

Moshe's father-in-law, Yitro came with his sons and his wife to Moshe in the wilderness, where he was encamped at the mountain of G-d.

 The Torah stresses that Yitro came to the desert to show us his great piety.  In Midyan, he lived in a palace like a king.  Still, he was willing to leave his home, to come to an arid, uninhabited desert where he would have nothing.  He had such a strong desire to become a Ger tzedek and to learn the Torah, that) he did not pay any attention to what he was leaving behind.

Moreover, each time Yitro is mentioned, the Torah adds that he was Moshe's father-in-law. This was because Yitro was very proud of his relationship to Moshe.  He would boast, "I am the father-in-law of the king of Yisrael," and his gladness would know no bounds.

The Torah also honors Yitro by referring to him by seven names each of which is a title of honor. (Abarbanel. Cf. Targum on 1Divrei HaYamim 23:17; Berachot 7a [end]; Also see 1Divrei HaYamim 24:21, 26:25)

18:6 Vayomer el-Moshe ani chotencha Yitro ba eleicha ve'ishtecha ushnei vaneiha imah

Now he had said to Moshe, "I, your father-in-law Yitro, am coming to you with your wife and her two sons with her."
Yitro sent a letter to Moshe, writing, "I, your father-in-law Yitro, am coming to you with your wife and her two sons with her. My intention is to join the Benei Yisrael as a Ger tzedek" 

The Benei Yisrael, at that time, were sealed within the Clouds of Glory, like people in a ship.  It was impossible to send anyone into the Clouds of Glory, so Yitro could not send a messenger with his letter.  His only recourse was to tie it to an arrow, and shoot it into the camp of the Benei Yisrael. (Chizzkuni; Tzedah LaDerech)

Yitro's intentions were pure.  He wanted Moshe to show him respect to show the world that G-d cherishes the Gerei tzedek.  This would motivate others to want to convert to the religion of the Torah.

Yitro had been an important pagan priest, worshiping virtually every idolatrous deity in the ancient world.  He had also led many others to commit the sin of idolatry.  Therefore, Moshe might have thought that he should not accept him as a Ger tzedek.

Furthermore, there is a rule that Gerim will not be accepted in the Messianic Age.  If a person wishes to become a Ger tzedek at that time, it will not be because of any good intention, but merely because of fear lest he be killed, or because he wishes to join the Benei Yisrael when they have the upper hand.

G-d therefore told Moshe that he should not be concerned that Yitro might want to become a Ger tzedek because he had heard about the greatness of Yisrael - that the Reed Sea had been split and that the Egyptians had been miraculously defeated.  Furthermore, Yitro was Moshe's father-in-law, and there might be concern that he wanted to cme and enjoy the position of being the father-in-law of the leader of the Benei Yisrael.

G-d told Moshe, "You have no need to be concerned about any of these matters.  Yitro's motives is entirely pure and holy.  He has no ulterior motives whatever." (Tanchuma; Shemot Rabbah according to Yeffeh Toar, loc. cit.; Maharit, Derush 2)

Furthermore, the law is that, initially, when a gentile wishes to become a Ger tzedek, every attempt is made to discourage him.  He is told all about the punishments in the next world.  All this is to see if he will change his mind, or if he sincerely wishes to be a Ger tzedek. (Yevamot 47a; Yoreh Deah 268:2)

G-d therefore told Moshe, "You must accept him, and not repulse him.  Do not speak to him as you would to other would be converts, trying to discourage him to see if he changes his mind.  You can be sure that his motives are absolutely pure." (Penei Shlomo)

18:7 Vayetze Moshe likrat chotno vayishtachu vayishak-lo vayish'alu ish-lere'ehu leshalom vayavo'u ha'ohelah

So Moshe went out to meet his father-in-law, bowed down, and kissed him. And they asked each other about their well-being, and they went into the tent.
Yitro was greatly honored at that time.  Since Moshe went out, Aharon and his sons, Nadav, Avihu, Eleazar and Itamar also went, followed by the seventy elders.  Following them, was the entire nation of Yisrael.  Seeing their leaders going out to greet Yitro, no one dared remain behind in the camp.  The Divine Presence (Shechinah) also was revealed in honor of Yitro. (Mechilta; Shemot Rabbah; Rashi)

When Moshe and Yitro met, they kissed each other and inquired as to each other's welfare just as two very close friends would after not seeing each other for a long time.  Each one asked about the other's health and general welfare. Then they went into the "tent," which was the study hall (Beit Midrash), where Moshe would study the Torah.  

When the Torah relates that Moshe "bowed down," it does not mean that he bowed down to Yitro.  Rather, Moshe prostrated himself to G-d, thanking G-d that Yitro and his family had come in peace.

This is very closely related to the law that if one does not see a close friend for 30 days, when he sees him he must recite the Shehecheyanu blessing:
Blessed are You, HaShem our G-d, King of the Universe, Who has kept us in life, Who has sustained us, and Who has allowed us to reach this season.
If one sees his close friend after not seeing him for 12 months, he must recite the blessing:
Blessed are You, HaShem our G-d, King of the Universe, Resurrector of the dead.
The Torah is therefore careful not to say that Moshe "bowed himself to him (Yitro)", although it does say, "he kissed him".   Moshe bowed to G-d, and then kissed Yitro. (Sifetei Kohen)

The Torah also teaches us a special lesson when it says, "they went into the tent."  This would appear to be completely redundant, since they obviously did not remain outside in the desert.

The Torah is alluding to the fact that Moshe had emulated Avraham.  Avraham had a tree through which he could test people who wanted to become Gerim, to see if their motives were pure or not.  Moshe made similar use of the Clouds of Glory.

Moshe led Yitro through the Clouds of Glory.  If Yitro's motives were pure, the clouds would let him pass.  If he had ulterior motives, however, the clouds would not let him through.

It is for this reason that the mixed multitude (Erev Rav) were not allowed within the Clouds of Glory.  The tribe of Dan was also excluded because of Mikah's statue that they were carrying with them.
When the Benei Yisrael in Egypt did not complete their quotas, the Egyptians would substitute Hebrew children for bricks.  One of these infants was Mikah.  When he grew up, he made an unusual statue, which he originally worhsiped privately.  Later it was to be worshiped publicly as the subject of a cult (Shoftim 17) (Shemot Rabbah, in Yeffeh Toar, p. 127; BaMidbar Rabbah, Naso, in Yeffeh Toar p. 196; Arukh, s.v. Makh)
Moshe had rescued Mikah from the wall of bricks. He grew up and buil a famous idol and caused many Benei Yisrael to worship it (Shoftim 17).
Now when the Benei Yisrael were crossing the sea, a number of its worshipers were carrying Mikah's idol.  Since other Benei Yisrael were aware of it and did not protest, all were considered guilty. (Ibid.; Sifri, Behalotecha)  The fact that G-d spared even these idolators among the Benei Yisrael was a miracle in itself. 
The Torah therefore relates that "they came into the tent.  And Moshe told his father-in-law all that HASHEM had done to Par'oh and to the Egyptians" (18:8).  After Yitro was tested by the Clouds of Glory it was determined that his motives were pure, Moshe told him of all the miracles that had happened to them in Egypt. (Sifetei Kohen)

It may seem surprising that Moshe tested Yitro after G-d had told him to accept him and not repulse him.  But after the entire nation of Yisrael came out to greet Yitro, Moshe was concerned that Yitro may have become proud and now wanted to become a Ger tzedek because of the honor he would receive.  Moshe therefore felt it best to test him again.

Furthermore, G-d wanted the Torah itself to bear witness that Yitro became a Ger tzedek for pure motives.  The Torah therefore explicitly states that "they came into the tent."  The fact that the Clouds of Glory allowed Yitro in was a sign that his motives were absolutely pure.

18:8 Vayesaper Moshe lechoteno et kol-asher asah HASHEM le-Par'oh ul-Mitzrayim al odot Yisrael et kol-hatla'ah asher metza'atam baderech vayatzilem HASHEM
And Moshe told his father-in-law all that HASHEM had done to Pharaoh and to the Egyptians for Yisrael's sake, all the hardship that had come upon them on the way, and how HASHEM had delivered them.
Moshe told Yitro all about the splitting of the Reed Sea and the war with Amalek, and how in both cases, G-d had rescued the Benei Yisrael.

Yitro actually knew about all these events, and this knowledge motivated him to come and become a Ger tzedek.  Still, Moshe told him the entire story.  Hearing the story a second time, it would make a greater impression in Yitro's heart and remain fixed in the memory.

In addition to the above, Moshe told Yitro about what had happened at Marah and Refidim (15:23, 17:1), (Targum Yonatan; Rashi)

18:10 Vayomer Yitro baruch HASHEM asher hitzil etchem miyad Mitzrayim umiyad Par'oh asher hitzil et-ha'am mitachat yad-Mitzrayim
And Yitro said, "Blessed be HASHEM , who has delivered you out of the hand of the Egyptians and out of the hand of Pharaoh, and who has delivered the people from under the hand of the Egyptians.
11 Atah yadati ki-gadol HASHEM mikol-ha'elohim ki vadavar asher zadu aleihem.
Now I know that HASHEM is greater than all the G-d; for in the very thing in which they behaved proudly, He was above them."
Yitro thanked G-d for rescuing them from Egypt, which was a powerful nation, from the genius of Egypt, who name was Mitzrayim, and from Par'oh, who was a powerful king.  He also thanked G-d for rescuing them people from under the power of Egypt. (Rashi)

When Yitro said, "Blessed be HaShem, Who has delivered you out of the hand of the Egyptians," he was addressing Moshe and Aharon.  He said, "First, I must thank G-d for the miracle that He did for you.  All the Ten Plagues came about through you; and therefore, when you went to warn Par'oh, you were in great danger.  He could have become angry enough to kill you with his own hands.  Here you came to him the first thing in the morning, as if you had good news for him, and then you told him about the impending plagues.

"In addition, I must thank G-d for rescuing the people.  This was also a great miracle, bring such a great nation out from under the power of Egypt." (Ramban; Ibn Ezra; Abarbanel; Rashbam)

Yitro became a Ger tzedek by undergoing circumcision and immersing in a mikvah, just like all other converts.  The Torah therefore says, "Yitro rejoiced (va-yichad)" (18:9).  He allowed a sharp (chad) knife to cut his flesh when he submitted to circumcision.  He then accepted upon himself the yoke of G-d, and the yoke of the Torah and the commandments. (Sanhedrin 94a; Rashi; Kesef Mezukak; Keter Shem Tov; Aruch s.v. Chad)

18:12 Vayikach Yitro choten Moshe olah uzvachim l'Elokim vayavo Aharon vechol ziknei Yisrael le'echol-lechem im-choten Moshe lifnei ha'Elokim
Then Yitro, Moshe's father-in-law, took a burnt offering and other sacrifices to offer to G-d. And Aharon came with all the elders of Yisrael to eat bread with Moshe's father-in-law before G-d.
The burnt offering (olah) was an animal sacrifice that was completely burned.  It was an atonement for bad thoughts.  The other sacrifices that Yitro offered were peace offerings (shelamim).  These were to bring peace and harmony between G-d and man. (Tanchuma,Tetzaveh 15, Tzav 13; VaYikra Rabbah 7:3.  Also see Tanchuma, Lech Lacha 10)

Aharon and all the elders of Yisrael then sat down to eat with Yitro.  Normally, the Mann (manna) that fell in the morning was completely consumed as the morning meal, but Yitro arrived at noon.  Our sages teach that in honor of Yitro an extra portion of Mann fell at noon.

Our sages also learn from here that when a person sits at a meal where Torah scholars are present, it is like eriving sustenance from the glow of the Divine Presence.  The Torah therefore says that Yitro and the elders at "before G-d."  Obviously, G-d is omnipresent, but the Torah stresses this fact because Moshe was present at the meal.

The same is true when one goes to visit a Torah scholar.  It is certainly considered virtuous to visit a sage who has arrived from another city. (Mechilta; Rashi)

The Torah does not say that Moshe ate.  This is because Moshe was standing on his feet, serving the people. Moshe was so humble that he ignored his own status completely. (Ibid.)

Although Mshe was the leader of the Benei Yisrael, he was not actually considered a king.  If he had been a king, he would not have been permitted to ignore his status.  According to law, even if a king wishes his status may not be ignored.  "If a king forgoes his honor, it may not be forgone." (Ketubot 17a)  A king's honor belongs to his subjects; it is not his to relinquish.  But since Moshe was more like a judge than a king, he was able to relinquish his honor. (Tzedah LeDerech)

Therefore, Moshe served as a waiter at this feast in honor of Yitro.  He had learned a lesson from Avraham. When the angels came to Avraham disquised as Arab travelers, he stood over them and waited on them (Bereishit 18:8).  Moshe felt that he should do no less.

Looking carefully at this section, one sees that this is the last time that the name Yitro is mentioned.  From here on, the Torah only refers to Yitro as "Moshe's father-in-law."

The reason for this is that at first Yitro considered himself greater than the other Benei Yisrael.  He had relinquished his high position to become a Ger tzedek, and he had undergone the pain of circumcision.  Because of this, the Torah refers to him as יִתְרוֹ (Yitro), which comes from the same root as the word יְתָרוֹן (yetaron), meaning an advantage.  Yitro felt that he had an advantage over the other Benei Yisrael.

But after Yitro was with the Benei Yisrael for several days, he began to become aware of their greatness.  He realized that they had suffered terrible persecutions in Egypt, but they had upheld their high standards of sexual morality, and had refused to give up their Hebrew names or to assimilate in other ways.  He also saw their other good qualities. He then began to realize how insignificant his own sacrifice was, and was happy to be referred to merely as Moshe's father-in-law. (Sifetei Kohen)

Meanwhile all the other people in the world were also aware of all the miracles that G-d did at the Exodus.  They had heard of the splitting of the Reed Sea and the falling of the Mann.  As a result, they had tremendous awe and respect for G-d, and they waited to see what Yitro, their greatest theologian, would do.

When they saw that Yitro went to Moshe to serve G-d, and that he said, "Now I know that G-d is greater than all the deities" (18:11), it made a tremendous impression on them.  They all realized that their gods were nothing, and they relinquished them completely.  As a result, G-d's greatness became greatly publicized through Yitro.

For this reason, the Torah devoted a special portion to Yitro, YITRO, calling it by name.  The story of his arrival was not placed in the middle of the portion, but at its very beginning.  This was a great honor for Yitro, having one of the portions of the Torah begin with his story. (Zohar, p. 69)


Blessings for Miracles

The Torah relates that when Yitro heard the account from Moshe, he said, "Blessed be G-d who saved you from the hand of Egypt and from the hand of Par'oh - Who rescued the people from under the hand of Egypt."  From here our sages learn that a blessing must be said for miracles. (Berachot 54a)

If a person sees a place where a miracle was done for our fathers, he must recite the blessing:
Blessed are You, HaShem our G-d, King of the Universe, Who did miracles for our fathers in this place.
A person must thank G-d for the miracles that He did for our fathers.  Since G-d rescued our ancestors from death through the miracle, we are also beneficiaries.  If our ancestors had died, we would never have been born.  Therefore, miracles that benefited them also benefited us.

This blessing is recited when one sees the place where the Benei Yisrael crossed the Reed Sea, where they crossed the Yarden, (Yehosua 3) or the corssing of the stream of Arnon.
This is explained in Berachot 54b on the basis of BaMidbar 21:14. There were two mountains with caves in which the Amori hid.  The two mountains miraculously came together sealing the caves.
The same is true of the stone of Og, King of Bashan wanted to throw at the Benei Yisrael, or the stone upon which Moshe sat during the battle with Amalek (17:12), or the fallen walls of Yericho.  This rule also applies to any other place where a major miracle occurred for all Yisrael.  If a person sees such a place and recognizes it, he must recite the above blessing.

If he returns to such a place after not seeing it for 30 days, he must repeat the blessing, reciting it just as when he saw the place for the first time.

However, when one sees a place where a miracle occurred only to an individual, no blessing is said.  A person living now does not derive any benefit from miracles that happened to individuals of long ago.

If a miracle occurs to a person in a certain place, whenever he passes that place, he must recite the blessing:
Blessed are You, HaShem our G-d, King of the Universe, Who did a miracle for me in this place.
If 30 days pass and he sees the place again, he must repeat the blessing.

We thus find that when Yosef was traveling from Egypt to Chevron to bury his father, he recited the above blessing.

When a miracle occurs for an individual, his children, grandchildren and all his descendants must recite the following blessing when they pass by the place:
Blessed are You, HaShem our G-d, King of the Universe, Who did miracles for our fathers in this place.
We said earlier that no blessing is said for a miracle that occurred to an individual, but this is only true for people who are not related to that individual.  His descendants have a portion in the miracle, and must therefore recite the blessing.  This is true even for those who were born later. (Orach Chayim 218; Magen Avraham ad. loc.)

When a person experiences a miracle, he should either pledge money for charity, or do something for the synagogue or the community, to the best of his ability.  This was done by Yaakov and by Rabbi Shimon bar Yochai.

If a person has experienced many miracles in many places, he should recite a blessing every time he passes one of those places.  Whenever he recites such a blessing, he should also mention the other places where miracles occurred.  He should therefore thank G-d "for doing a miracle for me in this place, and in (designate place)."

According to some authorities, even if one does not see the place where the miracle occurred, but merely sees his parent or master after the latter experienced a miracle, he must say a blessing.  Similarly, even subsequent time one sees his master or parent after not seeing him for 30 days, he must repeat the blessing.

This is derived from the fact that Yitro blessed G-d when he saw Moshe and the Benei Yisrael, and said, "Blessed is G-d who saved you from the hand of Egypt" (18:10).  He recited this blessing even though he did not see the place where the miracle happened.  We thus see that a blessing must also be recited when one sees the person to whom the miracle occurred. (Orach Chayim 218:6)

The blessing over miracles is recited only over an occurence that involves a violation of the laws of nature.  If one is saved from danger in a natural manner, this blessing is not said.  For example, if a person was in danger from burglars who broke into his house at night, and was then rescued, he does not recite the blessing over miracles.  Instead he recites the Gomel Blessing. (Orach Chayim 218:6)


The "Gomel" Blessing

When a seriously ill person recovers, it is a greater miracle than the escape of Chananyah, Misha'el and Azaryah from the fiery furnance (Dani'el 3, 1:7) Earthly fire can be extinguished, but sickness comes from heavenly fire, which man cannot extinguish.  One must therefore thank G-d when he recovers.

It is taught that there are four cases when one must formally thank G-d; this applies to men and women alike  (Keneset HaGedolah):
  1. one who crosses the sea
  2. one who crosses the desert
  3. a seriously ill person who recovers
  4. one who has been released from prison after having been jailed on a false charge. (Orach Chayim 219.  Cf. Keneset HaGedolah)
These four cases can be represented by the acrostic ChaYYIM (חַיִים) meaning "life": Choleh (sick man), Yam (the sea), Yesurim (penalties) and Midbar (the desert).

Obviously, similar formal thanks must be given whenever a person escapes a dangerous situation, for example, when a wall fell on him, or burglars broke in when he was home and could have killed him.

One then says the blessing:
Blessed are You, HaShem our G-d, King of the Universe, Who grants good to the underserving, Who has granted me all good.
It is good to say this blessing while standing before ten men, two of whom should be Torah scholars.  It should therefore be said in the synagogue when the Torah is out. (Yad)

One should not let three days pass before reciting this blessing.  Thus, if one arrives from an overseas voyage on Monday, one should not wait until Thursday to recite this blessing.  He should say it within three days. (Keneset HaGedolah)

18:13 Vayehi mimachorat vayeshev Moshe lishpot et-ha'am vaya'amod ha'am al-Moshe min-haboker ad-ha'arev
And so it was, on the next day, that Moshe sat to judge the people; and the people stood before Moshe from morning until evening.
There is a dispute among authorities  as to when Yitro came to Moshe.  According to one opinion, it was before the giving of the Ten Commandments.  Others, however, maintain that it was after the Ten Commandments.

If we assume that the Torah here is in chronological order, it appears that Yitro came before the Ten Commandments.  However, this section, where Yitro advises Moshe, takes place after the Commandments. According to both the above mentioned opinions, this occurred during the second year after the Exodus.  In this case, the Torah is not in chronological order. (Zevachim 116a; Rashi; Ibn Ezra. Cf. Ramban; Bachya. Abarbanel. Also see Yeffeh Toar, Bereshit, p. 152; BaMidbar Rabbah 13; Bereishit Rabbah 34)

This is only one of many cases where we find that the Torah is not written chronologically.  For example,  the death of Yitzchak is recorded before the selling of Yosef, even though he died later.

One reason why the Torah was not written in chronological order is because if so written it would enable people to perform all sorts of miracles, including the resurrection of the dead. (Bachya, Bereishit; Yalkut Shimoni on Psalms, #625.  See Imrei Shefer, Noach; Yeffeh Toar, Vayeshev)

The true order of the Torah is therefore concealed from all but G-d Himself.

Chronological order is also avoided occasionally to teach that the Torah is more than a collection of histories.

Since the Torah is already telling the story of Yitro's coming, it includes the account of the advice that he gave Moshe immediately afterward.  The account concludes with Yitro's returning to his homeland. (18:27).  (Tosafot, Avodah Zarah 24b, s.v. Yitro)

The Torah tells us that Moshe sat down to judge the people.  This occurred on the day after Yom Kippur.

The Ten Commandments were given on Shavuot 6 Sivan (May 14, 1313 b.c.e.), just 49 days after the Exodus.  40 days later on 17 Tammuz (June 24), Moshe came down from Mount Sinai with the Tablets.  Seeing the Golden Calf he broke the Tablets.  Early the next morning, Moshe went back up to the summit of Mount Sinai, remaining there for 80 days (40 to pray to G-d to forgive the people, and 40 to receive a second set of Tablets).  Moshe was thus up on Mount Sinai from 18 Tammuz (June 25) until 10 Tishrei (September 13), which was Yom Kippur.

Finally, on Yom Kippur, Moshe descended from the mountain with the second set of Tablets.  On the next day, 11 Tishrei (September 14), Moshe sat down to judge the people. (Rashi)

One might wonder what kind of litigation the people could have brought before Moshe.  Here they were in the desert, not engaged in any business or commerce.  All their needs were provided for.  What kind of cases were there to bring before Moshe?

There was much treasure that the Benei Yisrael had gathered on the shore of the Reed Sea after the Egyptians were drowned.  The people who were nearest to the sea were able to get a majority of this treasure, choosing the very best objects.  Those who were further away, got much less, and some did not get any at all.

Now there was much dispute about the distribution of this treasure.  Naturally, those who got the most wanted to keep what they got.  Others wanted to divide it all equally.  Still others felt that it was meant to sear as reparations, and wanted it divided according to each person's suffering and loss in Egypt.  This was a major case that Moshe would have to judge for all Yisrael. (Paaneach Raza)


18:14 Vayar choten Moshe et kol-asher-hu oseh la'am vayomer mah-hadavar hazeh asher atah oseh la'am madua atah yoshev levadecha vechol-ha'am nitzav aleycha min-boker ad-arev
So when Moshe's father-in-law saw all that he did for the people, he said, "What is this thing that you are doing for the people? Why do you alone sit, and all the people stand before you from morning until evening?"
Yitro saw Moshe sitting like a king, with all Yisrael standing over him, and he found it very hard to take.  He felt that Moshe was not showing the people proper respect.

He therefore asked, "Why do you alone sit [with no one to help you?], and all the people stand before you from morning until evening?" (Mechilta; Rashi)

One might wonder at Yitro's second question. According to the law the judge must sit and the litigators must stand. (Ibn Ezra)

The judge must sit so that he will be able to concentrate better.  He will then be able to pay careful attention to the arguments of the litigants, and render a proper decision.

The litigants and witnesses, on the other hand, must stand.  They are to remain in a state of tension, where they will be unable to argue or testify falsely. When some people are standing, in the presence of others who are sitting, they cannot concentrate well enough to lie effectively. (Toledot Yitzchak; Divrei Shlomo, p. 246)

This being the case, why was Yitro so surprised that Moshe was sitting and all the others standing?

Yitro had a good argument for two reasons:

  1. It is true that the litigants must stand on their feet.  But Yitro wanted to know, why were all the other people made to stand?  Obviously, everyone was not being judged at once.  All the others were merely waiting their turn.  Yitro therefore asked, "Why do you alone sit...and all the people stand before you?"  What bothered him was the fact that all the people, even those who were not being judged, were forced to stand.  This seemed to indicate a lack of respect for the community.  Why should people have had to stand even when they were not being judged? (Ibid.)
  2. According to the law, the witnesses must testify while standing.  Even if the judge wants to allow them to sit, he is not permitted to.  However, if the judge wants to allow the litigants to sit, he may do so. (Chupat Eliahu)  Obviously, if a judge allows one litigant to sit, he must also allow the other.  If he allows one to sit, but not the other, it is considered unfair.  The one who is made to stand cannot argue properly.  He also feels that he is a victim of rejudice, because the judge is allowing his opponent to sit and not him. (Choshen Mishpat 17)
Actually, Moshe was greater than a mere king.  It would not show a lack of respect for the community if they stood while he sat.  We thus that although Aharon was older than Moshe, he showed him the greatest respect, referring to him as "my master" (BaMidbar 12:11). (Ibn Ezra)

Nevertheless, the honor of the entire nation of Yisrael is not the same as that of an individual, even one so great as Aharon.  It is true that when Moshe saw Aharon showing him honor, he did not stop him and say, "I am your younger brother.  It is not fitting that you call me 'my master.'"  But when the entire nation of Yisrael stood up for him., Moshe should have told them to sit.  Otherwise, it would seem that he was taking their honor lightly. (Mizrachi)

Furthermore, Aharon had merely called Moshe "my master," which was something that did not require any real effort.  Moshe was greater than Aharon, so it was not very difficult for Aharon to call him "master," even though Moshe was younger.  But to make all the Benei Yisrael stand on their feet all day, this was a different matter.  Therefore, Yitro admonished Moshe. (Chupat Eliahu)

He therefore said to Moshe, "Why are you sitting all by yourself while the people standing over you from morning until evening?  You are making the people wait for you all day long, trying to do everything yourself. If people want to come to you to have a case judged, they must wait until you are finished teaching.  On the other hand, if people want to learn, they must wait until all the day's cases are judged.  You are making the people stand and wait for you all day long. (Maharsha; Dat VeDin; Kesef Nivchar, Mishpatim)

18:17 Vayomer choten Moshe elav lo-tov hadavar asher atah oseh
So Moshe's father-in-law said to him, "The thing that you do is not good.
18 Navol tibol gam-atah gam-ha'am hazeh asher imach ki-chaved mimcha hadavar lo-tuchal asohu levadecha
Both you and these people who are with you will surely wear yourselves out. For this thing is too much for you; you are not able to perform it by yourself.
All the people will wear themselves out - you, Aharon and his sons, the elders, and all the people who are with you. (Mechilta; Rashi; Targum Yonatan)  You will wear out the entire nation, making them wait so long to get an appointment with you. There are many people who want their cases tried, each one with a different complaint.  There is no way that you can do it yourself.  (Bachya; Ralbag)

18:19 Atah shmah bekoli iyatzecha vyhi Elokim imach heyeh atah la'am mul ha'Elokim veheveta atah et-hadevarim el-ha'ElokimListen now to my voice; I will give you counsel, and G-d will be with you: Stand before G-d for the people, so that you may bring the difficulties to G-d.
"I am giving you this advice so that G-d will be with you in prophecy, a prophet's mind must be totally calm.  But with all your concerns for the community, you are so busy that you cannot have the calmness and serenity necessary for prophecy.  I wish to give you advice so that you will not have so much work and worry."

Yitro therefore told Moshe, "G-d will be with you."  He was saying, "If you do as I suggest, you will have the serenity so that G-d will be with you in prophecy." (Asarah Maamarot; Yalkut Chadash, s.v. Moshe 40)

"You must be G-d's representative for the people," said Yitro.  "You must be an agent and a mediator between G-d and the people.  You must be the one whom they will ask when they want to know G-d's will. Whenever a novel case arises, you must bring their litigation before G-d.  This is also something that only you can do.  No one but you can receive a clear answer from G-d when you ask about a law. (Rashi)

"You will also be G-d's representative in another sense.  You will sit in the Ohel Mo'ed (Tabernacle - Tent of Meeting), which is a place where the Divine is revealed.  At such times, you will be uniquely suited to pray for people who are sick.  You will be able to tell each person what the heavenly decree is regarding his recovery.  Your place is in the sanctuary, and not in the courtroom.  You cannot mix the two." (Ramban)

18:24 Vayishma Moshe lekol chotno vaya'as kol asher amar
So Moshe heeded the voice of his father-in-law and did all that he had said.
25 Vayivchar Moshe anshei-chayil mikol-Yisrael vayiten otam rashim al-ha'am sarei alafim sarei me'ot sarei chamishim vesarei asarot
And Moshe chose able men out of all Yisrael, and made them heads over the people: rulers of thousands, rulers of hundreds, rulers of fifties, and rulers of tens.
Moshe sought G-d's advice and G-d told him to do as Yitro had said.  Moshe chose capable me, men who were honest, good, G-d fearing, and scholars.  They were the best men in all Yisrael. (Cf. Yeffeh Toar, p. 154)

The majority of the judges were from the tribes who had the most people with the above mentioned traits. (Mesorat Ha'Brit)

The most important thing is a good personality.  We see that when the scripture speaks of the prophets and tzaddikim, it does not praise them for their wisdom and scholarship.  Rather, it praises them for their good personal qualities.

The Torah thus says that Noach was "a righteous man, upright" (Bereishit 6:9).  G-d told Avraham, "Walk before Me and be upright" (Bereishit 17:1).  Yaakov is spoke of as a "single-minded man" (Bereishit 25:27). Moshe is described as "very humble" (BaMidbar 12:3)

In none of these cases does the Torah mention that the individual was intelligent or a scholar.  The main think is that a person should have good character traits, hating that which is crooked, and being unable to find any satisfaction, except with that which is fair and honest.  He must also have a good heart.

Intelligence and scholarship are like a tree, while good traits are its fruit.  Obvious, the main purpose of a tree is to bear fruit. (Bachya; Toledot Yitzchak)

18:26 Veshaftu et-ha'am bechol-et et-hadavar hakasheh yevi'un el-Moshe vechol-hadavar hakaton yishputu hem
So they judged the people at all times; the hard cases they brought to Moshe, but they judged every small case themselves.
The total number of judges that Moshe  appointed following Yitro's advice was 78,600.  This included the leaders of thousands, hundreds, fifties, and tens, mentioned earlier. (Sanhedrin 18a; Mechilta)

18:27 Vayeshalach Moshe et-chotno vayelech lo el-artso
Then Moshe let his father-in-law depart, and he went his way to his own land.
Moshe accompanied Yitro, seeing him off on his journey to his homeland.

Moshe pleaded with Yitro not to leave, saying, "You have given us such wonderful, enlightened advice.  How can you leave us now?  Remain with us and be our eyes."  (see BaMidbar 18:16)

"Light is needed only where there is darkness," replied Yitro.  "Why use a lamp when you have the sun and the moon?  You are like the sun and your brother Aharon is like the moon.  What am I compared to you?  Let me return to my homeland.  There I will be able to do some good.  I want to proselytize all the people of my city, and teach them the sacred Torah.  I will bring them under the wings of the Divine."

When Yitro left, Moshe, Aharon, and the seventy elders saw him off with great honor.  The Divine Presence was present, just as when Yitro arrived. (Mechilta)

Yitro then returned alone to Moshe, and was with the Benei Yisrael when the Ten Commandments were given. (Ramban)  According to another opinion, Yitro did not come until after the Ten Commandments had been given. He did not give Moshe advice to delegate responsibility until the second year after the Exodus. (Cf. BaMidbar 10:11)

19:1 Bachodesh hashlishi letzet benei-Yisrael me'eretz Mitzrayim bayom hazeh ba'u midbar Sinai
In the third month after the children of Yisrael had gone out of the land of Egypt, on the same day, they came to the Wilderness of Sinai.
The "third month" mentioned here is Sivan.  When the Torah says, "on the same day," it means that it was the first day of the month (Rosh Chodesh).  The Benei Yisrael therefore came to Mount Sinai on the first of Sivan (2448 - May 9, 1313 b.c.e.)

Moreover, when the Torah speaks of coming to Sinai on "the same day," it indicates that the Torah should always be cherished as it was "on the same day" when it was given at Sinai.  One should not say that it does not pay to review, that something has already been learned.  Every day it should be like new. (Mechilta; Targum Yonatan; Rashi)

There is an obligation each day to remember the Revelation at Sinai and giving of the Torah.  One must then meditate upon the love that G-d extended to us in choosing us from all the nations.  In the Torah blessing we thus praise G-d as the One "Who chose us from all the nations and gave us the Torah."

Even though we sinned and emulated the Egyptians, G-d did many miracles for us.  He brought us to Mount Sinai, gave us His holy Torah, and spoke to us in His glory, giving us the commandments.

If a person meditates on this, he will never think of committing a sin.  He will realize that as a result of the Sinai experience, we are continually obligated to keep the commandments that He gave us. (Sh'nei Luchot Ha'Berit)

19:7 Vayavo Moshe vayikra leziknei ha'am vayasem lifneihem et kol-hadevarim ha'eleh asher tzivahu HASHEM
So Moshe came and called for the elders of the people, and laid before them all these words which HASHEM commanded him.
8 Vaya'anu chol-ha'am yachdav vayomeru kol asher-diber HASHEM na'aseh vayashev Moshe et-divrei ha'am el-HASHEM
Then all the people answered together and said, "All that HASHEM has spoken we will do." So Moshe brought back the words of the people to HASHEM.


We Will Do and Listen

The first time Moshe spoke to the people, their reply was, "All that HaShem has spoken we will do" (Shemot 19:8). On the next day, however, their response was, "All that G-d has spoken, we will do and we will listen" (24:7). Why was there a change in wording on the next day?

Yisrael's reply, "All that HaShem has spoken we will do," can be interpreted in two ways, one positive and one negative.

It can be interpreted very positively. According to this, the Benei Yisrael were saying, "There is no question that we will keep everything that you have already told us in G-d's Name. But we will also keep everything that G-d has told you even if you have not yet told it to us. From this moment on, we are accepting upon ourselves to keep it. We are not concerned that we may be taking upon ourselves something that will be extremely difficult to keep." According to this interpretation, the statement demonstrates the greatness of Yisrael, since they were willing to blindly accept upon themselves everything that G-d would tell them.

However, their words can also be interpreted negatively.  According to this, the Benei Yisrael did not have great faith in Moshe and they were almost taunting him with their words.  They therefore said, "All that G-d has spoken, we will do.  We are not questioning the fact that we must obey all that G-d tells us to do.  But how do we know that what you are telling us is G-d's word?  We want to know for sure that G-d Himself has spoken these words.  It is not enough that you are telling us these things in G-d's Name."

Thus, the Benei Yisrael answer could have been interpreted in two very different ways.  When Moshe went up and told G-d what the Benei Yisrael had said, G-d replied, "Behold, I will come to you in a thick cloud, so that the people will hear when I speak with you, and they will also believe in you forever (19:9). From then on, they will know that you are a true prophet."

When the Benei Yisrael heard what G-d had told Moshe, they were very concerned.  They realized that their words could have been interpreted in two ways, and they were afraid that Moshe had taken what they had said negatively.  They were concerned that when they had said, "All that G-d has spoken, we will do," Moshe had understood it to mean, "We do not believe what you tell us. We want to know for certain that G-d has spoken to you."

The Benei Yisrael were also concerned that Moshe would interpret their words negatively because G-d had told him, "They will also believe in you forever."  This seems to indicate that G-d was telling Moshe that the people now doubt his prophecy, and that, therefore, G-d must let them hear Him speak to Moshe personally.

The Benei Yisrael realized that if they had the audacity even to hint at such a thing, it would be considered a great fault on their part.  How could they even begin to suspect that Moshe would pretend to speak in G-d's Name after they had seen all the great wonders and miracles that G-d had done through him?

Therefore, when they responded a second time, they were careful to clarify their words, and they said, "All that G-d has spoken, we will do and we will listen."  In effect, they were saying to Moshe, "This should remove any possibility that we doubt your prophecy.  We obviously know how great you are.  We believed in you implicitly from the time of the splitting of the Reed Sea.  This is alluded to in the verse, "They believed in G-d and in his servant Moshe" (14:31)

"It is true that we said, 'All that G-d has spoken, we will do.'  This seems to indicate that we wish to hear G-d's own word.  But do not interpret this negatively, and think that we do not believe in you, and that if we do not hear it from G-d we will not obey it.

"Our only motive was that we wanted to see our King, and hear the words from His mouth.  This would make us as spiritual as angels, and allow us to understand all the mysteries of the Torah.  Obviously, hearing the words from you is not the same as hearing them from G-d Himself.

"Still, if you want proof that our motives are pure, 'All that G-d has spoken, we will do and [then] we will listen.'  We will do what G-d commands even before we hear it.  We accept upon ourselves to do all that we will be commanded to, no matter how difficult.

"We still want to be worthy of hearing the words from G-d Himself, so as to attain the holiness and spirituality.  But our observance of the commandments is not conditional upon our hearing them; we will keep the commandments even before we hear them.

"When G-d told you, 'They will also believe in you forever,' He did not mean that we do not believe in you now.  G-d wanted to safeguard us against any false Mashiach or prophet who will try to tell us that G-d wants us to worship idols, violate the Shabbat, or abandon any other commandments of the Torah.  People might be led to follow him, arguing that the Torah was given by Moshe, a mortal human being, and therefore, it can be abrogated by another human being.

"But, the Torah was given by G-d Himself.  He gathered our entire nation to the foot of Mount Sinai, and He Himself pronounced the basics of the Torah.  We can therefore say to any false religious leader, 'If what you are saying is true, then G-d must gather us once again to Mount Sinai and verify your words that He is abrogating the Torah that He gave us.  If you cannot accomplish that, you are a false prophet and you deserve to die. (see Devarim 18:20)

"Therefore, G-d was in no way implying that we do not believe in you.  Rather G-d revealed Himself to us so that we would always have a counterargument to any false messiah or prophet." (Chen tov.  Cf. Tzeror Hamor)

20:1 Vayedaber Elokim et kol-hadevarim ha'eleh lemor
And G-d spoke all these words, saying:
2 Anochi HASHEM Elokeicha asher hotseticha me'eretz Mitzrayim mibeit avadim
"I am HASHEM your G-d, who brought you out of the land of Egypt, out of the house of bondage.
3 Lo yihyeh lecha elohim acherim al-panai
You shall have no other god before Me.
4 Lo ta'aseh-lecha fesel vechol-temunah asher bashamayim mima'al va'asher ba'aretz mitachat va'asher bamayim mitachat la'aretz
You shall not make for yourself a carved image, or any likeness of anything that is in heaven above, or that is in the earth beneath, or that is in the water under the earth;
5 Lo-tishtachaveh lahem velo ta'ovdem ki anochi HASHEM Elokeicha El kana poked avon avot al-banim al-shileshim ve'al-ribe'im leson'ai
you shall not bow down to them nor serve them. For I, HASHEM your G-d, am a jealous G-d, visiting the iniquity of the fathers on the children to the third and fourth generations of those who hate Me,
6 Ve'oseh chesed la'alafim le'ohavaI uleshomreI mitzvotai
but showing mercy to thousands, to those who love Me and keep My commandments.
7 Lo tisa et-shem-HASHEM Elokeicha lashav ki lo yenakeh HASHEM et asher-yisa et-shmo lashav
You shall not take the name of HASHEM your G-d in vain, for HASHEM will not hold him guiltless who takes His name in vain.
8 Zachor et-yom haShabbat lekadsho
Remember the Sabbath day, to keep it holy.
9 Sheshet yamim ta'avod ve'asita chol-melachtecha
Six days you shall labor and do all your work,
10 Veyom hashvi'i Shabbat l'HASHEM Elokeicha lo ta'aseh chol-melachah atah uvincha-uvitecha avdecha va'amatcha uvehemtecha vegercha asher bish'areicha
but the seventh day is the Sabbath of HASHEM your G-d. In it you shall do no work: you, nor your son, nor your daughter, nor your male servant, nor your female servant, nor your cattle, nor your stranger who is within your gates.
11 Ki sheshet-yamim asah HASHEM et-hashamayim ve'et-ha'aretz et-hayam ve'et-kol-asher-bam vayanach bayom hashvi'i al-ken berach HASHEM et-yom haShabbat vayekadeshehu
For in six days HASHEM made the heavens and the earth, the sea, and all that is in them, and rested the seventh day. Therefore HASHEM blessed the Sabbath day and hallowed it.
12 Kaved et-avicha ve'et-imecha lema'an ya'arichun yameycha al ha'adamah asher-HASHEM Elokeicha noten lach
Honor your father and your mother, that your days may be long upon the land which HASHEM your G-d is giving you.
13 Lo tirtzach. Lo tin'af. Lo tignov. Lo-ta'aneh vere'acha ed shaker
You shall not murder. You shall not commit adultery. You shall not steal. You shall not bear false witness against your neighbor.
14 Lo tachmod beit re'echa. Lo tachmod eshet re'echa ve'avdo va'amato veshoro vachamoro vechol asher lere'echa
You shall not covet your neighbor's house; you shall not covet your neighbor's wife, nor his male servant, nor his female servant, nor his ox, nor his donkey, nor anything that is your neighbor's."


Wording of the Commandments

In giving the Ten Commandments, G-d used the second person singular, as if He were speaking to a single individual.  He thus said, "I am HaShem your G-d (Elokecha), using the singular suffix ךָ (cha) instead of the plural suffix כֶם (chem).

It was as if G-d were speaking to each individual separately.  G-d did this to teach that even if a person is alone at home, he is obliged to study the Torah.

If G-d had used the plural Elokechem with the suffix כֶם (chem), it would seem that a person only has an obligation to study Torah as part of a group.  This is not true; a person must study the Torah even when he is alone.

There is even great obligation to study Torah when a group of four or five people get together at night, as is often the custom in the winter.  Obviously, they are not permitted merely to engage in idle chatter.  They should discuss whatever matters may be pressing at the time, and then they should devote their time to Torah study. (Sifetei Kohen.  Cf. Toledot Yitzchak; Moreh Nevuchim 2:32)

There is another reason that the Commandments were given in the singular.  Every individual must consider it as if he is alone in the world and there is no one else.  Through his Torah study and observance he is the one who is sustaining the entire world.  If he gave up studying Torah, the entire world would come to an end.

He must realize that he cannot rely on those who study in the senior academy (hesger).  Each individual has his own obligation to study Torah.  What one does, does not help the other.
The term hesger was used by the Sefardim to denote the institute for advance Torah study and research.  The word is derived from the root sagar (to close), since the members of the hesger closed themselves off from the mundane world.  The approximate Ashkenazic equivalent is the kollel.
Each individual must also be careful to keep all the commandments, both positive and negative.  One should not think that the world is only judged collectively, and if the majority are good, it does not matter if individuals sin.  If an individual sins, he will be punished individually. (Ramban)

There is also another reason that the Ten Commandments were given in the singular.  All the work that is done in the world, whether it be plowing, sowing, or transporting food, is done so that the Torah scholar is able to study without interruption.  G-d wants him not to have to put aside his study to seek the necessities of life. The individual who studies Torah is therefore the singular around whom the entire world functions. (Siftei Kohen)

It is thus written, "Fear G-d and keep His commandments, for this is all of man" (Kohelet 12:13).  This means that the whole world was created only to serve the tzaddik who devotes himself to the Torah.  He is the main ingredient of creation.  The rest of the world exists mainly to serve him so that he can meditate on the spiritual. (Berachot 6b)


Foundations of the Torah

We see that the Ten Commandments form the basis for the entire Torah, including all 613 Commandments.  Furthermore, because the Ten Commandments are logically obvious, there was all the more reason to announce them at Mount Sinai.   The reason is that one who is commanded and does is greater than one who is not commanded and does.   If the King commands a person to do something and he does it, he is more praiseworthy than one who does it without being commanded.  When a person is commanded, the Evil Inclination tries to prevent him from doing as he has been told, and he has all the more reward for overcoming his negative nature.

The commandment therefore says, "Honor your father and mother as Hashem your G-d commanded you" (Devarim 5:16).  G-d told us to honor our parents, not because it is morally logical, but because it is G-d's commandment.

G-d therefore began with the Ten Commandments.  Although they are logical, we must not keep them merely for ethical reasons, but because they were commanded to us by G-d.  Our first allegiance must be to G-d, and not to any abstract morality or ethic.

Whenever one keeps any of the commandments or does a good deed, he should do it for G-d's sake alone.  Thus, for example, when a person gives charity, he should not do it out of respect for the warden (gabbai), or so that people will praise him and think well of him for being charitable.  If he does this, he is placing the warden and his friends above G-d.  No sin could be worse.  Besides denigrating G-d, it is the grossest ungratefulness.  Such a person has completely forgotten that G-d has given him this wealth so that he will be able to do charity with it and thus be worthy of the Olam Haba.

The same is true when a person refrains from sinning because he is afraid or ashamed in front of others, or because of the community officials who prevent him.  If he could find a hidden place where no one would see him, he would do whatever he desired.  What sin could be worse than this?  Such a person is behaving as if G-d does not see and does not look into each person's heart.

How foolish such a person is for fearing flesh and blood, but not fearing G-d!  A human being might die before he could admonish him, but G-d exists forever, and can punish a person both in this world and in the next.


Ordering of the Ten Commandments

The order of the Ten Commandments is very important, and each commandment is bound to the other. This can be understood through a parable:

A king once was building a new city in an uninhabited area. The first thing he did was to buy up a number of slaves who had been war captives, paying a large sum to secure their freedom. As soon as these freed captives were settled in the city, the king came and spoke to them, asking them to accept his rule. Obviously, the first thing the king will tell them is how great a favor he had done for these people in securing their freedom.

G-d did exactly the same thing when He introduced His commandments with the words, "I am Hashem your G-d who brought you out of the land of Egypt, from the place of slavery. (Shemot 20:2) You therefore have an obligation to accept me as your King."

The next thing that the king does is warn the people not to give honor or status to any other king. G-d similarly said, "Do not have any other gods before Me. Do not make any idols" (Shemot 20:3, 4) 

The king then tells his new subjects that they must show respect for him, not using his name for trivial oaths, and certainly not for false oaths. G-d similarly commanded, "Do not take the name of Hashem your G-d in vain." (20:7) 

The next thing that the king will do is to designate a special day so that the people would remember periodically that the king was the one who built this city from scratch, and freed its citizens from slavery. G-d also gave the commandment, "Remember the Sabbath day to sanctify it." (20:8) Through the Shabbat, one recalls that G-d created the world ex nihilo.

The Shabbat also teaches that not only did G-d create the world, but He also constantly oversees it, changing the very laws of nature when necessary to give each person what he deserves. We saw this through the miracles that were done in Egypt at the Exodus. It is for this reason that in the second reading of the Ten Commandments, G-d said regarding the Shabbat, "You shall remember that you were slaves in the land of Egypt, and Hashem your G-d took you out of there ... ; therefore, Hashem your G-d commanded you to keep the Sabbath." (Devarim 5:15) 

Since the Shabbat leads one to recall that G-d created the world ex nihilo, it also leads one to remember the Exodus, since the two are intimately bound together. Since G-d created the world, He is the author of the laws of nature and can change them as He sees fit. When He wanted to, He was able to alter the laws of nature totally, doing great wonders and miracles at the Exodus.

There is also another important purpose to the Shabbat. As mentioned above, the Ten Commandments were given on the Shabbat. Therefore, when a person keeps the Shabbat, he is showing his allegiance to the three most important elements of Judaism:  G-d's creation of the world, the Exodus, and the giving of the Torah.

Moreover, through the Shabbat, one always remembers the great deeds of love that G-d did for us. It is very much like the above-mentioned king who built a new city in an uninhabited place, freeing captives to populate it. Even if the king will only visit the city very seldom, even only once a year, the people will always remember the great kindness that he did for them. They themselves experienced what he had done for them.

This, however, is only true of the original settlers. Their children, however, will never have experienced the king's kindness, and will take it for granted. As far as they are concerned, the city might always have been there. They were born and raised in the city, and never knew what it was not to be free.

Therefore when the king punishes some criminals for violating his law, they consider it to be very cruel. They complain, "What does he want for us anyway? He acts as if the city was his and we were his slaves. He demands that we obey his every order."

In order to prevent this in the future, the king devised a plan. The day that the criminals were punished was set aside as a holiday when the young would have to honor their elders and children their parents, accepting their corrections and rebukes. In this manner, each generation would teach the next generation about their origins. They would tell their children, "We were captives in a certain place, and the king did us the greatest favor in the world by securing our freedom. He brought us to this place and made us his subjects. This is the foundation of our very existence."

In order that this not be forgotten, it is imperative that children listen to their parents, so that the tradition is preserved from one generation to the next. All would then know that the king built the city and freed all its citizens.

But if the children do not respect their parents, they will not pay any attention whatever to the traditions. They will therefore be very likely to rebel against the king.

G-d therefore gave the commandment, "Honor your father and your mother." (20:12) This obliges a person to follow the traditions of his parents as well as of the rabbi who teaches him Torah. This is a foundation of Judaism, because no one alive today was actually in Egypt. We did not see how we were slaves, mixing mortar and making bricks for the Egyptians without any pay. We only know this from our parents and teachers. We must therefore honor them and not do anything against their will. We will then know our roots, and the obligations that they imply. We will realize that G-d freed us from slavery, and we have a great obligation to Him.

We thus see that the commandments are all interdependent. They are all necessary so that a person will realize that he is G-d's servant with an obligation to keep His commandments.

After all this, the king must provide laws for the welfare of the city. So as the population not be diminished, he must prohibit murder. Lest a person feel that populating the city should also be done through adultery, the king forbade relations with another man's wife. One may still argue that kidnapping should be permitted, since this does not affect the city's population. The king therefore also forbade kidnapping.

With life and family secure, the people might still think that they can do as they please with others' property. The king therefore made a law forbidding robbery and stealing. One might still think that this is only true when one actually takes another's possessions with his hands, but to cause monetary loss by testifying falsely is permitted. Therefore the king issued a law forbidding perjury. Even with words it is forbidden to cause another harm.

Finally, the king issued orders forbidding his subjects to covet and desire that which is not theirs. This indicates that not only is it forbidden to harm another with action and speech, but even with thought, coveting another's possessions in his heart. Even this is also forbidden.

The Ten Commandments also parallel the ten sayings with which the world was created.   This teaches that the world was created only for the sake of the Torah. As long as Yisrael keeps the Torah, the world endures. But when they do not, the world experiences major catastrophes. G-d thus said, "If not for My covenant of day and night, I would not have set up the decree of heaven and earth" (Yirmeyahu 33:25).  Through the study of the Torah day and night, the heaven and earth are sustained.


-MeAm Lo'ez; Raanach; Ibn Ezra; Bachya; Zohar; Ramban




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