יהודים ונכרים בספרות חז"ל מכללת אחוה תשפ"ב שיעור מס. 3 "גוי ועושה את התורה"

(א) וַיְדַבֵּ֥ר ה' אֶל־מֹשֶׁ֥ה לֵּאמֹֽר׃ (ב) דַּבֵּר֙ אֶל־בְּנֵ֣י יִשְׂרָאֵ֔ל וְאָמַרְתָּ֖ אֲלֵהֶ֑ם אֲנִ֖י ה' אֱלֹקֵיכֶֽם׃ (ג) כְּמַעֲשֵׂ֧ה אֶֽרֶץ־מִצְרַ֛יִם אֲשֶׁ֥ר יְשַׁבְתֶּם־בָּ֖הּ לֹ֣א תַעֲשׂ֑וּ וּכְמַעֲשֵׂ֣ה אֶֽרֶץ־כְּנַ֡עַן אֲשֶׁ֣ר אֲנִי֩ מֵבִ֨יא אֶתְכֶ֥ם שָׁ֙מָּה֙ לֹ֣א תַעֲשׂ֔וּ וּבְחֻקֹּתֵיהֶ֖ם לֹ֥א תֵלֵֽכוּ׃ (ד) אֶת־מִשְׁפָּטַ֧י תַּעֲשׂ֛וּ וְאֶת־חֻקֹּתַ֥י תִּשְׁמְר֖וּ לָלֶ֣כֶת בָּהֶ֑ם אֲנִ֖י ה' אֱלֹקֵיכֶֽם׃ (ה) וּשְׁמַרְתֶּ֤ם אֶת־חֻקֹּתַי֙ וְאֶת־מִשְׁפָּטַ֔י אֲשֶׁ֨ר יַעֲשֶׂ֥ה אֹתָ֛ם הָאָדָ֖ם וָחַ֣י בָּהֶ֑ם אֲנִ֖י ה'׃

(1) The LORD spoke to Moses, saying: (2) Speak to the Israelite people and say to them: I the LORD am your God. (3) You shall not copy the practices of the land of Egypt where you dwelt, or of the land of Canaan to which I am taking you; nor shall you follow their laws. (4) My rules alone shall you observe, and faithfully follow My laws: I the LORD am your God. (5) You shall keep My laws and My rules, by the pursuit of which man shall live: I am the LORD. (6) None of you shall come near anyone of his own flesh to uncover nakedness: I am the LORD. (7) Your father’s nakedness, that is, the nakedness of your mother, you shall not uncover; she is your mother—you shall not uncover her nakedness. (8) Do not uncover the nakedness of your father’s wife; it is the nakedness of your father. (9) The nakedness of your sister—your father’s daughter or your mother’s, whether born into the household or outside—do not uncover their nakedness. (10) The nakedness of your son’s daughter, or of your daughter’s daughter—do not uncover their nakedness; for their nakedness is yours. (11) The nakedness of your father’s wife’s daughter, who has born into your father’s household—she is your sister; do not uncover her nakedness. (12) Do not uncover the nakedness of your father’s sister; she is your father’s flesh. (13) Do not uncover the nakedness of your mother’s sister; for she is your mother’s flesh. (14) Do not uncover the nakedness of your father’s brother: do not approach his wife; she is your aunt. (15) Do not uncover the nakedness of your daughter-in-law: she is your son’s wife; you shall not uncover her nakedness. (16) Do not uncover the nakedness of your brother’s wife; it is the nakedness of your brother. (17) Do not uncover the nakedness of a woman and her daughter; nor shall you marry her son’s daughter or her daughter’s daughter and uncover her nakedness: they are kindred; it is depravity. (18) Do not marry a woman as a rival to her sister and uncover her nakedness in the other’s lifetime. (19) Do not come near a woman during her period of uncleanness to uncover her nakedness. (20) Do not have carnal relations with your neighbor’s wife and defile yourself with her. (21) Do not allow any of your offspring to be offered up to Molech, and do not profane the name of your God: I am the LORD. (22) Do not lie with a male as one lies with a woman; it is an abhorrence. (23) Do not have carnal relations with any beast and defile yourself thereby; and let no woman lend herself to a beast to mate with it; it is perversion. (24) Do not defile yourselves in any of those ways, for it is by such that the nations that I am casting out before you defiled themselves. (25) Thus the land became defiled; and I called it to account for its iniquity, and the land spewed out its inhabitants. (26) But you must keep My laws and My rules, and you must not do any of those abhorrent things, neither the citizen nor the stranger who resides among you; (27) for all those abhorrent things were done by the people who were in the land before you, and the land became defiled. (28) So let not the land spew you out for defiling it, as it spewed out the nation that came before you. (29) All who do any of those abhorrent things—such persons shall be cut off from their people. (30) You shall keep My charge not to engage in any of the abhorrent practices that were carried on before you, and you shall not defile yourselves through them: I the LORD am your God.

"מכילתא דעריות" (תוספת לספרא ממדרש דבי רבי ישמעאל)

"ושמרתם את חקתי ואת משפטי" – שאין לי אלא מה שפרט הכתוב, שאר דקדוקי הפרשה מנין? תלמוד לומר "ושמרתם את חקותי ואת משפטי".

"אשר יעשה אותם האדם" – היה ר' ירמיה אומר: מנין אתה אומר אפילו גוי ועושה את התורה הרי הוא ככהן גדול? תלמוד לומר "אשר יעשה אותם האדם וחי בהם". וכן הוא אומר "וזאת תורת האדם אדוני ה'" (שמואל ב ז, יט) – "תורת הכהנים ולוים וישראל" לא נאמר אלא "תורת האדם". וכן הוא אומר "פתחו שערים..."(ישעיהו כו, ב) – "ויבא כהנים לוים וישראל" לא נאמר אלא "ויבא גוי צדיק שומר אמונים". וכן הוא אומר "זה השער לה'..." (תהלים קיח, כ) – "כהנים לוים וישראל" לא נאמר אלא "צדיקים יבואו בו". וכן הוא אומר "רננו..." (תהלים לג, א) – "כהנים לוים וישראל" לא נאמר אלא "רננו צדיקים בה' ". וכן הוא אומר "הטיבה ה'..." (תהלים קכה, ד) – "לכהנים לוים וישראל" לא נאמר אלא "הטיבה ה' לטובים" – הא אפילו גוי ועושה את התורה הרי הוא ככהן גדול.

"וחי בהם" – לא שימות בהם.

היה ר' ישמעאל אומר: מנין אתה אומר שאם אמרו לו לאדם בינו לבין עצמו עבוד עכו"ם ואל תֵהָרֵג!, יעבור ואל יֵהרג? תלמוד לומר "וחי בהם" – ולא שימות בהם. או אפילו ברבים ישמע להם? תלמוד לומר (ויקרא כב, לב) "ולא תחללו את שם קדשי ונקדשתי" – אם מקדישים אתם את שמי אף אני אקדש את שמי על ידכם...

(1) 1) (18:6) ("A man, a man, to all the kin of his flesh shall not draw near to reveal nakedness; I am the L rd.") What is the intent of "a man, a man"? To include gentiles to be exhorted against illicit relations as Jews are. "You (plural) shall not draw near": What is the intent of this (plural)? Because it is written "a man," I might think that a man is being exhorted against illicit relations with a woman. Whence do I derive the same for a woman vis-à-vis a man? From "You (plural) shall not draw near."

(2) 2) (18:1 and 2) "And the L rd said to Moses, saying: Speak to the children of Israel and say to them: I am the L rd your G d." R. Shimon b. Yochai says: This is as is written elsewhere (Shemoth 20:2) "I am the L rd your G d, etc." (He said to them:) Am I not the L rd, whose Kingdom you accepted upon yourselves in Egypt? They: "Yes! Yes!" He: You accepted My Kingdom — accept My decrees (3) "There shall not be unto you other gods beside Me." That is what is intended here: "I am the L rd." Am I not He whose Kingdom you accepted in Sinai? They: "Yes! Yes!" He: You accepted My Kingdom — accept My decrees. R. Yishmael says: Grave are the arayoth (illicit relations), which open with yod-keh and end with yod-keh (the name of the L rd.) In the beginning (18:6) "A man, a man, to all the kin of his flesh shall not draw near to reveal nakedness; I am the L rd." In the end (Ibid. 30) "And you shall keep My charge, not to do in the manner of the abominations … I am the L rd your G d." Grave are the arayoth, which open with yod-keh and end with yod-keh!

(3) 3) Rebbi says: It was revealed before Him who spoke and brought the world into being that they were destined to balk against (the restrictions of) arayoth, wherefore He confronted them with a decree: "I am the L rd your G d" — Know who decrees (these strictures of arayoth) upon you! And we find similarly that they balked against arayoth in (Bamidbar 11:10) "And Moshe heard the people weeping over their families" (i.e., against the restrictions of illicit relations). And thus did Malachi say to them (Malachi 2:13) "And this you do a second time: covering the altar of the L rd with tears, with weeping and with sighing." He said to them: This is not the first time (you weep so.) You already wept (over this) in the days of Moses. They answered (Ibid. 15) "And did not One do (this) and He is noble of spirit!" Did not He who created Israel create the (other) peoples? (Why, then, can we not intermingle with them!) To this he replied (Ibid.) "And what is it that this 'One' desires, (but) the seed of G d!" (and not of the nations) — at which they all responded (Ibid. 12) "Let the L rd cut off from the man that does this a quick one and an answerer from the tents of Yaakov" — Let him not have "a quick one" among the sages nor "an answerer" among the disciples — And, if he were a Cohein, (Ibid.) "or a presenter of a meal-offering to the L rd of hosts." And thus is it written (re the materialization of such intermingling, Nechemiah 13:29) "And one of the sons of Yoyada, the son of Elyashiv the high-priest, was son-in-law to Sanvalat the Choronite."

(4) 4) Rebbi says: (18:2) "Speak to the children of Israel and say to them: I am the L rd your G d." Say to them: "I (Moses), too, was exhorted." Just as I (the L rd exhorted you (to separate from your wife) and you accepted, so tell them (to separate from arayoth) and they will accept it. (A variant:) "and say to them" This is an exhortation to beth-din (to separate Israel from arayoth). "I am the L rd your G d" (Elokim = the Judge). I am a Judge to exact payment, and I am trusted to reward.

(5) 5) (See Section 8:3)

(6) 6) (See Section 8:4)

(7) 7) (See Section 8:6)

(8) 8) (18:3) "and in their statutes you shall not walk": What did Scripture leave unsaid (that this need be stated)? Is it not already written (Devarim 18:10) "There shall not be found among you one who passes his son or daughter through fire … (11) and a chover chaver, etc."? What, then, is the intent of "and in their statutes you shall not walk"? In their customs — those things that are established for them — such as theatres, circuses, and sports. R. Meir says: These are "the ways of the Emorites," which the sages enumerated. R. Yehudah b. Betheira says: that you not preen yourself (to attract women), and not cultivate locks, and not wear the hair komi (a gentile fashion). And lest you say: "They have statutes and we have no statutes" — It is, therefore, written (18:9) "My judgments shall you do and My statutes you shall heed to walk in them; I am the L rd your G d." __ But there is still "hope" for the yetzer hara to reflect and say "But theirs are more beautiful than ours!" — It is, therefore, written (Devarim 4:6) "And you shall heed and you shall do. For this is your wisdom and your understanding."

(9) 9) (18:4) "My judgments you shall do": These are the things, which if they had not been written would "ask" to be written, such as (the interdiction of) theft, illicit relations, blaspheming the Name, and bloodshed. (Ibid.) "and My statutes you shall heed": These are the things that the yetzer hara "queries" and that the idolators query, such as (the prohibition against) eating pig and wearing sha'atnez (a mixture of wool and linen), chalitzah (the levirate-refusal ceremony), the cleansing of the leper and the sent-away he-goat. It is, therefore, written (in response to such "queries") "I, the L rd," have decreed them, and it is not for you to call them into question.

(10) 10) (Ibid.) "to walk in them": Make them primary and not secondary. "to walk in them": Your converse should be only in them, not intermixed with any mundane matters. Do not say: I have learned the wisdom of Israel; now I will learn the wisdom of the world. "to walk in them": You are not permitted to depart from them. And thus (Mishlei 5:17) "They shall be ours alone … (6:22) In your going forth, it shall guide you" — in this world; "in your reclining, it shall guard you" — at the time of death; "and when you awake, it shall converse with you" — in the world to come. And (Isaiah 26:19) "Awake and sing, you dwellers in the dust!" And lest you say: "Gone is my hope and my prospect!" It is, therefore, written "I am the L rd." I am your hope and your prospect and upon Me is your trust. And (Isaiah 46:4) "And until (your) old age, I am He, etc." And (Ibid. 44:6) "Thus said the L rd, the King of Israel and its Redeemer, the L rd of hosts, etc." (Ibid. 48:12) "I am He. I am first and I am last." And (Ibid. 41:4) "I, the L rd, am first, and with the last shall I be,"

(11) 11) (18:5) "And you shall heed My statutes and My judgments": This tells me only of what Scripture specifies. Whence do I derive (for inclusion) the other exegeses of the parshah? From "And you shall heed (eth) My statutes and (eth) My judgments."

(12) 12) "which a man shall do": R. Yirmiyah was wont to say: Whence is it derived that even a gentile who observes the Torah is like the high-priest? From "which a man (any man) shall do, and he shall live in them." It is not written :This is the Torah of Cohanim, Levites, or Israelites," but (II Samuel 7:19) "And this is the Torah of man, O L rd, G d." And thus is it written (Isaiah 26:2) "Open, ye gates, and let there come" — Cohanim, Levites, and Israelites is not written, but — (Tehillim 118:20) "tzaddikim shall come therein." And (Tehillim 33:1) "Sing, tzaddikim in the L rd" — not Cohanim, Levites, and Israelites. And (Ibid. 125:4) "Do good, O L rd, to the good" — not "to Cohanim, Levites, and Israelites." Even a gentile who observes the Torah is like the high-priest.

(13) 13) (18:5) "and he shall live in them": and not die in them. R. Yishmael was wont to say: Whence is it derived that if one is told in private to serve idolatry or be killed, he should transgress and not be killed? From "and he shall live in them," and not die in them. __ But perhaps even in public he should accede. It is, therefore, written (Ibid. 22:32) "And you shall not desecrate My holy name, and I shall be sanctified in the midst of the children of Israel." If you sanctify My name, I, too, will sanctify My name through you. For just as Chananiah, Mishael, and Azaryah, when all the peoples of the world were prostrated before the idol, stood (straight) as palms — as related of them in the tradition (Shir Hashirim 7:8) "This, your stature, is like a palm" — (Ibid. 9) "I said: 'I shall rise on the palm, I shall grasp its branches'" — This day I shall rise through them in the eyes of the peoples of the world, the deniers of Torah. This day I shall exact punishment for them of their foes — This day I shall resurrect their dead. "I am the L rd," the Judge, to exact punishment, and trusted to reward.

(14) 14) (18:6) "A man, a man, to all the kin of his flesh shall not draw near to reveal nakedness" — general. (7) "The nakedness of your father and the nakedness of your mother you shall not reveal" — specific. General-specific (The rule is:) The general subsumes only the specific. (See Hermeneutical Principles 4) (And no arayoth are to be added (by induction) other than those which are specifically mentioned. For otherwise I would say:) Since he is permitted to marry the daughter of his father's brother and his father's brother is permitted to marry his daughter, then, if I have learned that he is forbidden to marry the wife of his father's brother, so, his father's brother should be forbidden to marry his wife. (A second instance:) Since he is permitted to marry the wife of his stepfather, and his stepfather is permitted to marry his wife, then, if I have learned that he is forbidden to marry the daughter of his stepfather, so, his stepfather should be forbidden to marry his daughter. If so, you have adduced arayoth by induction! — wherefore it is written "A man, a man, to all the kin of his flesh shall not draw near to reveal nakedness" — general.

(15) 15) "The nakedness of your father and the nakedness of your mother you shall not reveal" — specific. General-specific. (The rule is:) The general subsumes only the specific. "I am the L rd," the Judge, to exact punishment and trusted to reward.

(16) 16) (18:24) "Do not become unclean with any of these" (abominations): all or part. For with all of these the nations become unclean: These are the Egyptians. "which I am sending away before you": These are the Canaanites. (25) "And the land became unclean" — whereby we are taught that these things (illicit relations) render the land unclean. "and I visited its sin upon it.": As soon as I open the accounting book, I exact payment for everything. "and the land vomited out its inhabitants": as a man vomits out his food.

(17) (17) "And you shall keep My statutes": You are fit to keep them (the laws governing arayoth), for you originated them (in Egypt). And thus is it written (Shir Hashirim 4:12) "A locked garden is My sister, My bride; a locked spring, a sealed fountain."

(18) 18) And you shall not do all of these abominations": all or part. "citizen": as it implies. "the citizen": to include the wives of citizens. "stranger": a proselyte. "the stranger": to include the wives of strangers. "in your midst": to include bondsmen.

(19) 19) (18:27) "For all of these abominations were done by the people of the land which were before you, and the land became unclean" — whereby we are taught that these things render the land unclean. (28) "So that the land not vomit you out … as it vomited out the nation that was before you" — whereby we are taught that the land incurs exile because of those things.

(20) 20) "For all who do any of these abominations": all or part; "the souls (plural) shall be cut off." What is the intent of this? Because it is written "a man," I might think that a man incurs kareth by (fornicating with) a woman. Whence do I derive the same for a woman by a man? From "the souls" — two.

(21) 21) ("the souls that do"): What is the intent of this? Because it is written (6) "You shall not draw near," I might think they incurred kareth for drawing near (alone); it is, therefore written "that do," and not that draw near. "from the midst of their people": but their people remain at peace.

(22) 22) (18:30) "And you shall keep My charge": Make a "keeping" (i.e., protection) for My charge. "And you shall keep My charge": to exhort beth-din (to be vigilant) in this regard. "not to do in the manner of the abominations that were done before you, and you shall not become unclean (tamei) in them": We are hereby taught that all of the arayoth are called "tumah." (Ibid. 11:43) "And do not become unclean with them that you be unclean with them": If you become unclean with them, you render yourselves unfit for Me. What benefit do I have of you when you are in debt to Me for destruction! — wherefore it is written (Ibid. 18:30) "I am the L rd your G d."

(23) 23) And in this vein Ezra writes (Ezra 9:14) "Shall we again break Your commandments and make marriages with the people of these abominations? Would You not rage against us until You consumed us, without remnant or escape? (15) O L rd, G d of Israel, You are righteous!"

ואמר ריש לקיש: עובד כוכבים ששבת חייב מיתה שנאמר (בראשית ח, כב) "ויום ולילה לא ישבותו" ואמר מר: אזהרה שלהן זו היא מיתתן...

that the term “his father” should be interpreted in a way that is similar to the term “his mother,” and “his mother” should be interpreted in a way that is similar to “his father.” You find such an interpretation only with regard to sisterhood, i.e., “his father” is referring to his father’s sister, and “his mother” is referring to his mother’s sister. And Rabbi Akiva holds that it is preferable to interpret the term “his father” as referring to his father’s wife, who is referred to as his father’s nakedness in the verse: “You shall not uncover the nakedness of your father’s wife; it is your father’s nakedness” (Leviticus 18:8), to the exclusion of his father’s sister, who is referred to as his father’s kin in the verse: “You shall not uncover the nakedness of your father’s sister; she is your father’s kin” (Leviticus 18:12), and who is not referred to as his father’s nakedness. Come and hear a proof for the opinion of Rabbi Akiva from the verse: “And Amram took Jochebed his aunt as a wife” (Exodus 6:20). What, was she not his maternal aunt? Presumably, Jochebed was the sister of Kohath, Amram’s father, from both of Kohath’s parents, and not from his father alone. Evidently, a descendant of Noah may marry his father’s sister. The Gemara rejects this proof: No, she was his paternal aunt, Kohath’s half sister. Since she was not Kohath’s sister from his mother’s side, she was not forbidden to Amram. Come and hear a proof for the opinion of Rabbi Eliezer from what Abraham said to Abimelech with regard to Sarah: “And moreover, she is my sister, the daughter of my father, but not the daughter of my mother; and so she became my wife” (Genesis 20:12). By inference, the daughter of the mother of a descendant of Noah is forbidden to him. The Gemara rejects this proof: But how can you understand that Sarah was Abraham’s sister? She was his brother’s daughter. By tradition, it is known that Sarah was Haran’s daughter Iscah. And since that was so, there is no difference whether they were paternal relatives, and there is no difference whether they were maternal relatives; in any event she was permitted to him, even according to the halakha of Jews. Rather, this is what Abraham was saying to Abimelech there: She is related to me like a sister, as the daughter of my brother is like a sister, and our relationship is from the side of my father but not from the side of my mother. Come and hear a proof from a baraita: For what reason did Adam not marry his daughter? So that Cain would marry his sister and they would procreate immediately, as it is stated: “For I have said: The world shall be built on kindness [ḥesed]” (Psalms 89:3). This verse alludes to the fact that at the beginning of the world’s existence it was permitted for men to marry their sisters, which was later forbidden in the verse: “And if a man shall take his sister…it is a shameful thing [ḥesed]” (Leviticus 20:17). The Gemara infers: If it had not been so, if God had not specially permitted Cain to marry his sister, she would have been forbidden to him. This is difficult according to the opinion of Rabbi Akiva, who deems it permitted for a gentile to marry his sister. The Gemara rejects this proof: Once it was permitted for Cain to marry his sister, it was permitted for all descendants of Noah to do so, and it was forbidden only to Jews. Rav Huna says: A gentile is permitted to marry his daughter. And if you say, for what reason did Adam not marry his daughter? It was so that Cain would marry his sister, because it is stated: “The world shall be built on kindness.” And there are those who say that Rav Huna did not say this; rather, Rav Huna says: A gentile is prohibited from marrying his daughter. Know that this is the halakha, as Adam did not marry his daughter. The Gemara rejects this statement: But that is not so, as there, this is the reason Adam did not marry his daughter: So that Cain would marry his sister, because it is stated: “The world shall be built on kindness.” § Rav Ḥisda says: A Canaanite slave is permitted to marry his mother, and he is permitted to marry his daughter. This is because he has left the category of a gentile by immersing in a ritual bath for the purpose of becoming a slave to a Jew, and consequently all his previous family relationships are disregarded according to halakha; but he has not entered the category of a Jew, as evidenced by the fact that he is not obligated to observe all of the mitzvot of male Jews. Therefore, the decree of the Sages prohibiting the maternal relatives of converts does not apply to him. When Rav Dimi came from Eretz Yisrael to Babylonia, he said that Rabbi Elazar says that Rabbi Ḥanina says: In the case of a descendant of Noah who designated a maidservant as a mate for his slave, and then he himself engaged in intercourse with her, he is executed for adultery on her account. The Gemara asks: From when is she considered the slave’s mate? Rav Naḥman says: From the time that she is called so-and-so’s girl. The Gemara asks: From when is she released from her relationship with the slave? Rav Huna says: From the time that she exposes her head in the marketplace. Since married women would cover their hair, even among the gentiles, by exposing her hair she proves that she no longer wishes to remain with him. Rabbi Elazar says that Rabbi Ḥanina says: A descendant of Noah who engages in intercourse with his wife in an atypical manner, i.e., anal intercourse, is liable for engaging in forbidden sexual intercourse, as it is stated: “And shall cleave to his wife” (Genesis 2:24), an expression that indicates natural intercourse, but not intercourse in an atypical manner. Rava says: Is there any action for which a Jew is not deemed liable, but a gentile is deemed liable for performing it? A Jew is not liable for engaging in anal intercourse with his wife. Rather, Rava says that the verse is to be understood as follows: A descendant of Noah who engages in intercourse with the wife of another man in an atypical manner is exempt. What is the reason? The verse states: “And shall cleave to his wife,” but not to the wife of another. With regard to this prohibition, the verse states: “And shall cleave,” indicating vaginal intercourse, and not intercourse in an atypical manner. Rabbi Ḥanina says: A gentile who struck a Jew is liable to receive the death penalty, as it is stated when Moses saw an Egyptian striking a Hebrew: “And he turned this way and that way, and when he saw that there was no man, he struck the Egyptian and hid him in the sand” (Exodus 2:12). And Rabbi Ḥanina says: One who slaps the cheek of a Jew is considered as though he slapped the cheek of the Divine Presence; as it is stated: “It is a snare [mokesh] for a man to rashly say [yala]: Holy” (Proverbs 20:25). The verse is interpreted homiletically to mean: One who strikes [nokesh] a Jew is considered as though he hurt the cheek [lo’a] of the Holy One. The Gemara states a mnemonic for the upcoming statements of Reish Lakish: Raises, his slave, Shabbat. Reish Lakish says: One who raises his hand to strike another, even if he ultimately does not strike him, is called wicked, as it is stated: “And two men of the Hebrews were struggling with each other, and he said to the wicked one: Why should you strike your friend?” (Exodus 2:13). The phrase: Why did you strike, is not stated, but rather: “Why should you strike,” indicating that one who raised his hand to strike another, even if he ultimately did not strike him, is called wicked. Ze’eiri says that Rabbi Ḥanina says: One who raises his hand to strike another is called a sinner; as it is stated: “And the priest’s lad would come…and would say to him, but you shall give now, and if not, I will take by force” (I Samuel 2:15–16), and it is written with regard to this behavior: “And the sin of the youths was very great” (I Samuel 2:17). Rav Huna says: His hand should be cut off, as it is stated: “And the high arm shall be broken” (Job 38:15). If one habitually lifts his arm to strike others, it is better that it be broken. The Gemara relates that Rav Huna cut off the hand of a person who would habitually hit others. Rabbi Elazar says: Such a violent person has no remedy but burial, as it is stated: “And as a mighty man [ve’ish zero’a], who has the earth” (Job 22:8). The expression ish zero’a literally means: A man of the arm, and the verse is interpreted homiletically to mean that one who habitually strikes others deserves to be buried. And Rabbi Elazar states a different interpretation of that verse: The land is given only to mighty men who can protect themselves from all enemies; as it is stated: “And as a mighty man, who has the earth.” And in connection with that statement, the Gemara notes that Reish Lakish says: What is the meaning of that which is written: “One who works [oved] his land shall have plenty of bread” (Proverbs 12:11)? If a person makes himself like a slave [ke’eved] to the land, devoting his efforts to it, he will have plenty of bread, but if not, he will not have plenty of bread. And Reish Lakish says: A gentile who observed Shabbat is liable to receive the death penalty, as it is stated: “And day and night shall not cease” (Genesis 8:23), which literally means: And day and night they shall not rest. This is interpreted homiletically to mean that the descendants of Noah may not take a day of rest. And the Master said (57a) that their prohibition is their death penalty, i.e., the punishment for any prohibition with regard to descendants of Noah is execution. Ravina says: If a descendant of Noah observes a day of rest on any day of the week, even one not set aside for religious worship, e.g., on a Monday, he is liable. The Gemara challenges this: But let the tanna count this prohibition among the seven Noahide mitzvot. The Gemara explains: When the tanna counts the seven mitzvot, he counts only those that require one to sit and refrain from action, i.e., those that include a prohibition against performing a certain action. He does not count mitzvot that require one to arise and take action.

ואמר ר' יוחנן: עובד כוכבים שעוסק בתורה חייב מיתה שנאמר (דברים לג, ד) "תורה צוה לנו משה מורשה" - לנו מורשה ולא להם...

מיתיבי: היה רבי מאיר אומר: מניין שאפילו עובד כוכבים ועוסק בתורה שהוא ככהן גדול? שנאמר (ויקרא יח, ה) "אשר יעשה אותם האדם וחי בהם" - "כהנים לוים וישראלים" לא נאמר, אלא "האדם" - הא למדת שאפילו עובד כוכבים ועוסק בתורה הרי הוא ככהן גדול.

התם בשבע מצות דידהו:

The Gemara challenges: But the mitzva of establishing courts of judgment is a mitzva to stand up and take action, and nevertheless he counts it among the seven mitzvot. The Gemara answers: This mitzva contains a requirement to stand up and take action, i.e., the obligation to establish courts and carry out justice, and it also contains a requirement to sit and refrain from action, i.e., the prohibition against doing injustice. And Rabbi Yoḥanan says: A gentile who engages in Torah study is liable to receive the death penalty; as it is stated: “Moses commanded us a law [torah], an inheritance of the congregation of Jacob” (Deuteronomy 33:4), indicating that it is an inheritance for us, and not for them. The Gemara challenges: But if so, let the tanna count this prohibition among the seven Noahide mitzvot. The Gemara explains: According to the one who says that the verse is referring to the Torah as an inheritance, this prohibition is included in the prohibition of robbery, as a gentile who studies Torah robs the Jewish people of it. According to the one who says that the verse is referring to the Torah as betrothed, as the spelling of the Hebrew word for betrothed [me’orasa], is similar to that of the word for inheritance [morasha], the punishment of a gentile who studies Torah is like that of one who engages in intercourse with a betrothed young woman, which is execution by stoning. The Gemara raises an objection to Rabbi Yoḥanan’s statement from a baraita: Rabbi Meir would say: From where is it derived that even a gentile who engages in Torah study is considered like a High Priest? It is derived from that which is stated: “You shall therefore keep My statutes and My ordinances, which if a man does he shall live by them” (Leviticus 18:5). The phrase: Which if priests, Levites, and Israelites do they shall live by them, is not stated, but rather: “A man,” which indicates mankind in general. You have therefore learned that even a gentile who engages in Torah study is considered like a High Priest. The Gemara answers: There, in the baraita, the reference is to a gentile who engages in the study of their seven mitzvot. It is a mitzva for a gentile to study the halakhot that pertain to the seven Noahide mitzvot, and when he does so he is highly regarded. § The baraita that lists the Noahide mitzvot (56a) teaches that Rabbi Ḥanina ben Gamliel says: The descendants of Noah are also commanded concerning the prohibition against consuming the blood from a living animal. The Sages taught in a baraita: With regard to the verse: “Only flesh with its life, which is its blood, you shall not eat” (Genesis 9:4), this is the prohibition against eating a limb from a living animal. Rabbi Ḥanina ben Gamliel says: The blood from a living animal is also prohibited in this verse. The Gemara asks: What is the reasoning behind the opinion of Rabbi Ḥanina ben Gamliel? The Gemara answers: He reads into the verse: Flesh with its life you shall not eat; blood with its life you shall not eat. The Gemara asks: And how do the Rabbis explain the mention of blood in this verse? After all, in their opinion, blood from a living animal is not forbidden. The Gemara answers: That comes to permit eating limbs from living creeping animals. The verse indicates that the prohibition does not apply to creeping animals, whose blood is not considered separate from their flesh (see 59b). The baraita continues: Similarly, you can say that according to the opinion of Rabbi Ḥanina, blood from a living animal is also forbidden to the Jewish people in particular; as it is stated: “Only be steadfast in not eating blood, as the blood is the life, and you shall not eat the life with the flesh” (Deuteronomy 12:23). With regard to the statements: “Only be steadfast in not eating blood,” this is a limb from a living animal; “as the blood is the life,” this is blood from a living animal. The Gemara asks: And how do the Rabbis, who hold that there is no specific prohibition with regard to blood from a living animal, interpret this verse? The Gemara answers: That verse comes to teach the prohibition against consuming blood spilled in the process of bloodletting, as this is blood through which the soul departs (see Karetot 20b). The Gemara asks: According to Rabbi Ḥanina ben Gamliel, why do I need the Torah to write this halakha with regard to descendants of Noah, and why do I need the Torah to repeat it at Sinai with regard to Jews? Aren’t Jews also descendants of Noah? The Gemara answers that it is to be understood in accordance with the opinion of Rabbi Yosei, son of Rabbi Ḥanina; as Rabbi Yosei, son of Rabbi Ḥanina, says: Any mitzva that was first stated with regard to the descendants of Noah and was repeated at Sinai was stated for this group and for that group, i.e., it applies to both gentiles and Jews. But a mitzva that was stated with regard to the descendants of Noah and was not repeated at Sinai among the mitzvot given to the Jewish people was stated for the Jewish people and not for the descendants of Noah. And we have only the prohibition against eating the sciatic nerve to which this classification applies, and this is according to the opinion of Rabbi Yehuda, who holds that the verse: “Therefore the children of Israel do not eat the sciatic nerve, which is on the hollow of the thigh, until this day” (Genesis 32:32), is referring to the sons of Jacob, who were commanded to observe this prohibition even though they had the status of descendants of Noah. § The Master said in a baraita: Any mitzva that was stated with regard to the descendants of Noah and was repeated at Sinai was stated for this group and for that group. The Gemara raises an objection: On the contrary, from the fact that it was repeated at Sinai, clearly it can be derived that it was stated for the Jewish people and not for the descendants of Noah, as if it pertains to the descendants of Noah as well, why repeat it at Sinai? Aren’t the Jewish people are also descendants of Noah? The Gemara answers: From the fact that the prohibition of idol worship was repeated at Sinai, and we find that God punished gentiles for it, conclude from it that any mitzva that was repeated at Sinai was stated for this group and for that group, and not only for the Jewish people. It is further stated in the baraita that a mitzva that was stated with regard to the descendants of Noah and was not repeated at Sinai was stated for the Jewish people and not for the descendants of Noah. The Gemara raises an objection: On the contrary, from the fact that it was not repeated at Sinai, clearly it can be derived that it was stated for the descendants of Noah and not for the Jewish people. The Gemara answers: There is nothing that is permitted to a Jew and forbidden to a gentile. The Gemara asks: And is there not? But isn’t there the permission for a Jew to take a married beautiful woman, who was taken as a prisoner of war, to be his wife? For a gentile to do so is forbidden. The Gemara answers: There, the reason gentiles are prohibited from doing so is because they are not authorized to conquer. It is not permitted for gentiles to wage wars of conquest, and the halakha of marrying a beautiful woman is stated only with regard to a war of conquest. Therefore the fact that a beautiful woman who is a prisoner of war is permitted only to a Jew and not to a gentile does not indicate that gentiles have a higher degree of sanctity. The Gemara asks: But isn’t stealing less than the value of one peruta prohibited to a gentile and permitted to a Jew? The Gemara answers: There it is because gentiles are not apt to grant forgiveness of debts, even of less than the value of one peruta. Therefore, for a gentile to take even such a minuscule amount is considered robbery. Jews normally forgive such small amounts. It is stated in the baraita that any mitzva that was stated with regard to the descendants of Noah and was repeated at Sinai was stated both for this group and for that group.

כתב יד ירושלים (הרצוג) 1 - כתב יד תימני למסכת סנהדרין

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