Exodus 23:1 h.לא תשא שמע שוא THOU SHALT NOT HEAR A FALSE REPORT — Take it as the Targum renders it: thou shalt not accept (listen to) a false report. This is a prohibition addressed to one who is about to accept a slanderous statement, and it is addressed also to a judge — that he should not hear the pleadings of one party to a suit before the other appears (Mekhilta d'Rabbi Yishmael 22:23:1; Sanhedrin 7b).
h.אל תשת ידך עם רשע SET NOT THINE HAND WITH THE WICKED — with him who makes a false claim against his fellow-man: that you promise him to give evidence for him that will result in wrong being done (להיות עד חמס).
Exodus 23:2 h.לא תהיה אחרי רבים לרעת THOU SHALT NOT FOLLOW THE MANY FOR EVIL — There are Halachic interpretations of this verse given by the Sages of Israel but the wording of the text does not fit in well with them. They derive from here that we must not decide a person’s guilt by a preponderance of one judge. And the end of the verse they explained thus: אחרי רבים להטות — but if the judges who declare the defendant guilty are two more than those who declare him innocent, then decide the matter as they declare — that he is guilty (Sanhedrin 2a). — The verse, they point out, speaks of capital cases. — The middle passage לא תענה על רב, they explained as though it were written על רַב, “thou shalt not speak against the chief of the judges, meaning that one should not give an opinion different from that given by the מופלא of the court (the most eminent among the judges, because this is disrespectful to the Presiding-judge). In consequence of this rule we begin to take the view of those in the side-benches first — we ask the youngest judges to express their opinion first (so that they may not be able to vote against the view expressed by the מופלא). Therefore the exegesis of the verse according to the words of our Rabbis is as follows: “thou shalt not follow a bare majority for evil” — to sentence a man to death on account of the one judge by whom those who condemn him are more in number than those who acquit him; “and thou shalt not speak against the chief inclining away” from his opinion. — They explained this latter phrase thus, because the word which is usually written רִיב is here written without and therefore may be read, אחרי רבים להטות — ;רַב, there is, however, a majority to whose view thou must incline. When is this the case? When there are two who preponderate amongst those who vote for condemnation over and above those who vote for acquittal. For from what is implied in, “thou shalt not follow a bare majority for evil”, I may infer: but thou shall follow it for good. Hence they (the Rabbis) said (i. e. they established the general rule): In capital cases we may decide by a majority of one for acquittal, but only by a majority of at least two to condemn. Onkelos translates the second phrase by: Do not refrain from teaching when you are being asked your opinion in a legal matter. The Hebrew text is to be explained according to the Targum as follows: לא תענה על רב לנטת If you are being asked your opinion in a legal matter do not give your answer just to incline to one particular side and so to withdraw yourself from the dispute, but decide the matter as truth requires. Such are the expositions that have been offered of this verse.
h.But I think that if one wishes to explain the verse so that every thing should fit in properly, its exegesis must be as follows: לא תהיה אחרי רבים לרעת, If you see wicked men wresting judgment do not say: since they are many I will incline after them;
h.ולא תענה על רב לנטת וגו׳, and if the defendant asks you about that judgment do not give him as a reply concerning the dispute any statement which will incline after that majority, thereby wresting judgment from the truth, but pronounce the decision just as it should be and let the collar hang around the neck of the majority (i. e. if you be outvoted let them bear the responsibility).
Exodus 23:3 h.לא תהדר NEITHER SHALT THOU COUNTENANCE [THE INDIGENT IN HIS QUARREL] — You shall not pay regard to him by finding in his favour in the law suit, saying, “He is a poor man; I will find in his favour, and thus show him some measure of respect.”
Exodus 23:5 h.כי תראה חמור שנאך וגו׳ IF THOU SEE THE ASS OF HIM THAT HATETH THEE etc. — כי here has the meaning of “possibly”, “perhaps”, which is one of the four meanings which the word כי serves to express. The sense of the verse is accordingly the following: Can you possibly see his ass crouching beneath his burden and forbear to help him? (The Hebrew word בתמיה in Rashi means “Say this in the intonation of a question”, and is nothing more than our question mark).
h.עזב תעזב עמו — The root עזב has here the meaning of “helping”. It has a similar meaning in, (Deuteronomy 32:36) “assisted and helped (עזוב)”. Similar also is, (Nehemiah 3:8) “ויעזבו Jerusalem up to the wall” — i. e. they filled it up with earth in order to help and to support the strength of the wall. A similar use of כי is, (Deuteronomy 7:17, 18) כי תאמר בלבבך רביס הגוים האלה וגו׳ which means “Canst thou possibly (כי) speak thus? לא תירא מהם, Do not be afraid of them and speak thus”. Our Rabbis expounded it in a Halachic sense as follows: … כי תראה וחדלת “If thou seest etc. …וחדלת” — there are occasions when you may forbear and there are occasions when you must help. How so? If it is an old man who sees the ass in this condition and it is not compatible with his dignity to intervene, then וחדלת “thou mayest forbear” holds good; or if the animal belongs to a heathen and its burden to an Israelite then, also, וחדלת may be applied (cf. Mekhilta d'Rabbi Yishmael 23:5:3).
h.עזב תעזב עמו THOU SHALT SURELY HELP HIM — to unload the burden (Mekhilta d'Rabbi Yishmael 23:5:4). Onkelos also translates it in this sense: מלמשקל ליה which means, [Thou shalt not keep back] from taking the load from off it.
Exodus 23:6 h.אבינך — from the root אבה “to long for”, “to desire” — one who is poverty-stricken and longs for all the good things which he lacks.
Exodus 23:7 h.ונקי וצדיק אל תהרג AND THE GUILTLESS AND RIGHTEOUS SLAY THOU NOT — Whence may we infer that in the case that one who left the court after being found guilty and one says, “I have something to plead in his favour”, he has to be brought back in order that the court may listen to this? From what Scripture states, “and the נקי thou shalt not slay”. Although he is not a צדיק — for he has not been acquitted by the court — he is however “free” (נקי) from the death penalty, for it is your duty to plead — as far as possible — in his favour. And whence mar we infer, on the other hand, that in the case of one who left the court after having been acquitted and one says, “I have something to say against him” he is not to be brought back that the judges may hear this? From what Scripture states: “and the צדיק slay thou not” — and this man is a צדיק since he has been acquitted by the court (Sanhedrin 33b).
h.כי לא אצדיק רשע FOR “I” WILL NOT JUSTIFY THE WICKED — It is not your duty, in the latter case, to bring the man back to the court, for if he is really guilty, “I” will not acquit him in My court. Altough he has left your hands as innocent “I” have many agents (many means) to inflict upon him the death to which he has made himself liable (Mekhilta d'Rabbi Yishmael 23:7:2).
Exodus 23:8 h.ושחד לא תקח AND THOU SHALT TAKE NO GIFT, even if you mean to give a true judgment in favour of the giver, and it is a matter of course that you must not accept one to wrest judgment, and therefore there is no need for Scripture to forbid this, for with regard to wresting judgment, whether you take a bribe or not, it is distinctly stated, (Deuteronomy 16:19) “Thou shalt not wrest judgment” (Ketubot 105a).
h.יעור פקחים [FOR THE BRIBE] BLINDETH THE OPEN-EYED — Even if he be well-versed in the Torah and takes a bribe, in the end his mind will become confused, what he has learnt will be forgotten, and the light of his eyes will become dim (Mekhilta d'Rabbi Yishmael 23:8; Ketubot 105a).
h.ויסלף — render it as the Targum does: ויקלקל “makes bad”, “perverts”....
h.דברי צדיקים means, the words which have been described by the term “righteous”, viz., the judgments of truth uttered on Sinai. Thus, too, does the Targum take it: words that are תריצין, upright.
Exodus 23:9 h.וגר לא תלחץ AND THOU SHALT NOT OPPRESS THE STRANGER — In numerous passages (36 in number) does the Torah offer a caution about the ill-treatment of the stranger, because his original character is bad (Bava Metzia 59b).
h.אח נפש הגר [FOR YE KNOW] THE SOUL OF A STRANGER — how hard it is for him when people oppress him.
Exodus 23:10 h.ואספת את תבואתה AND SHALT GATHER IN THE INCREASE THEREOF — אסף is a term denoting “bringing into the house”, like, (Deuteronomy 22:2) “thou shalt gather it (ואספתו) into thine house” (cf. Rashi on Genesis 49:29).
Exodus 23:11 h.תשמטנה THOU SHALT LET IT REST — by not tilling it (Mekhilta d'Rabbi Yishmael 23:11:1),
h.ונטשתה AND THOU SHALT ABANDON IT — by not eating of its produce (Mekhilta d'Rabbi Yishmael 23:11:1) after “the time of removal” of the produce has arrived. Another explanation is: תשמטנה THOU SHALT LET IT REST, from what is real work, as, for example, ploughing and sowing, ונטשתה AND LEAVE IT ALONE — not even to manure and to hoe it.
h.ויתרם תאכל חית השדה AND WHAT THEY LEAVE THE BEASTS OF THE FIELD (the wild animals) SHALL EAT — This cannot be a command that the wild animals shall eat it, viz., that you shall permit them to eat it. No such command is necessary since you have no control over wild animals; it intends by juxtaposition with the preceding words to place in the same category (more lit., to compare) the food of the poor with that of the beast. For how is it in the case of the wild animal? It eats food without the tithe having been separated from it! So too, the poor may in the seventh year eat food without the tithe having been separated from it. From this juxtaposition they (the Rabbis) derived the rule that the law of tithe is not to be observed in the seventh year (Mekhilta d'Rabbi Yishmael 23:11:3).
h.כך תעשה לכרמך IN LIKE MANNER THOU SHALT DO WITH THY VINEYARD — The first member of the verse, however, speaks of a “white field” (i. e. a bright, shadeless field — a grain field or a vegetable field — in contrast to a שדה אילן which casts shade), as it is said above, (v. 10) “thou shalt sow thy land”.
Exodus 23:12 h.וביום השביעי תשבת [SIX DAYS SHALT THOU DO THY WORK] AND ON THE SEVENTH DAY THOU SHALT LEAVE OFF — Even in the Sabbatical year you shall not abrogate the weekly Sabbath: you shall not say, “Since the whole year bears the name of ‘Sabbath’, the weekly Sabbath need not to be observed” (Mekhilta d'Rabbi Yishmael 23:12:1).
h.למען ינוח שורך means, give it (the animal) some satisfaction (ניח) by permitting it to pull up and eat grass from the ground as it pleases. Or, perhaps, this is not the meaning but it means that is must rest: that one must tie it up in its stall so that it does no work in the field! You will, however, admit this is no satisfaction but a source of annoyance (Mekhilta d'Rabbi Yishmael 23:12:2).
h.בן אמתך THE SON OF THY HANDMAID — Scripture speaks of an uncircumcised Canaanitish servant; (that the circumcised servant should rest is already mentioned in Deuteronomy 5:14: עבדך ואמתך כמוך) (cf. Mekhilta d'Rabbi Yishmael 23:12:3).
h.והגר means a גר תושב, a proselyte settler (one who renounces idolatry and thus acquires limited citizenship in Palestine).
Exodus 23:13 h.ובכל אשר אמרתי אליכם תשמרו AND IN ALL THAT I HAVE SAID TO YOU TAKE HEED — This statement is intended to bring every positive command (מצות עשה) also under the category of a prohibition (לאו); for wherever the term שמר, “take heed”, is used in the Torah it is an admonition in the place of (having the force of) a prohibition (cf. Yalkut Shimoni on Torah 355).
h.לא תזכירו MAKE NO MENTION [OF THE NAME OF OTHER GODS] — This means that one must not say to another: “Wait for me near such-and-such an idol”, or, “Stay with me on the festival of such-an-such an idol’” (mentioning its name) (cf. Mekhilta d'Rabbi Yishmael 23:13:3; Sanhedrin 63b). Another explanation of verse 13 is: the juxtaposition of “Be heedful in respect of everything that I have spoken to you” with “and the names of other gods ye shall not mention” is intended to teach you that the practise of idol-worship is of equal heinousness as though one had infringed every command (cf. Horayot 8a); and that one who avoids it may be regarded as though he had observed every one of them (cf. Chullin 5a).
h.לא ישמע IT SHALL NOT BE HEARD from a heathen, THROUGH THINE AGENCY — i. e. you shall make no business partnership with a heathen through which it might happen that he will take an oath by the name of his god, for consequently you will have brought it about that it has been mentioned through your agency (cf. Sanhedrin 63b).
Exodus 23:14 h.רגלים means TIMES. Similar is, (Numbers 22:28) “that thou hast smitten me these three times (רגלים)”.
Exodus 23:15 h.חודש האביב THE MONTH OF אביב — it is the month when the grain becomes full in its ripe state (באביה). The word אביב is connected with אַב which signifies maturity, and being the first of the fruit to ripen (cf. Rashi on Exodus 9:31).
h.ולא יראו פני ריקם AND NONE SHALL APPEAR BEFORE MY FACE EMPTY — When you come to appear before My face on the festivals, bring Me burnt-offerings (Mekhilta d'Rabbi Yishmael 23:15:2; Chagigah 7a).
Exodus 23:16 h.וחג הקציר AND THE FESTIVAL OF HARVEST — this is the Feast of Weeks,
h.בכורי מעשיך which is the time for bringing the first-fruits, for the offering of the two loaves that were brought on the Feast of Weeks made it permissible for the first time during the year to use the new harvest of wheat for the meal offerings (Menachot 68b), and to bring the first fruits into the Temple, (Mishnah Bikkurim 1:3) for it is said, (Numbers 28:26) “And on the day of the first fruits etc., [בשבעתיכם on your weeks etc.]” (cf. Rashi on that verse).
h.וחג האסף AND THE FESTIVAL OF THE INGATHERING — that is the Feast of Tabernacles.
h.באספך את מעשיך WHEN THOU HAST GATHERED IN THY LABOURS — For during the whole summer-time the fruits are drying in the fields and about the Festival (הָחָג is a Talmudical term for the Feast of Tabernacles) they are gathered into the barns on account of the rain that is then due.
Exodus 23:17 h.שלש פעמים וגו׳ THREE TIMES etc. — Because this section speaks mainly of the Sabbatical year, it was necessary to state that the sequence of the festivals should not be disturbed even in this year of agricultural rest (Mekhilta d'Rabbi Yishmael 23:16; cf. Rashi on v. 12).
h.כל זכורך means all the male population among you.
Exodus 23:18 h.לא תזבח על חמץ וגו׳ means, you shall not sacrifice the Passover-lamb on the fourteenth day of Nisan before you have removed the leavened bread from your house (Mekhilta d'Rabbi Yishmael 23:18:1). (This verse is to be connected with v. 15).
h.ולא ילין חלב חגי NEITHER SHALL THE FAT OF MY SACRIFICE REMAIN away from the altar (cf. the Targum).
h.UNTIL MORNING. One might think, however, that the meaning is, that it shall not remain overnight on the altar and that the sacrifice would therefore become invalid even through the fat remaining overnight on the “wood-pile” of the altar! Scripture, however, states, (Leviticus 6:2) “[This is the law of the burnt-offering; it is that which may go up] on the fire-place of the altar all the night, [any time until the morning]”(Mekhilta d'Rabbi Yishmael 23:18:2), —
h.Therefore the statement ולא ילין means, that this law of leaving the fat away from the altar overnight is infringed only if it has not been placed on the altar by the dawn of the morning, for it says, “[neither shall the fat remain] until morning”, but any time during the whole night one may lift it up from the pavement on to the altar (cf. Megillah 20b).
Exodus 23:19 h.ראשית בכורי אדמתך THE FIRST OF THE FIRST-FRUITS OF THY GROUND [THOU SHALT BRING etc.] — Even in the seventh year the offering of the first fruits is obligatory in some cases, therefore here also (where Scripture mainly deals with the laws of the Sabbatical year) it is stated: “the first of the first-fruits of thy land [shalt thou bring, etc.]”. How was the procedure at the setting apart of the first fruits? A man goes into his field and sees a fig which was the first to ripen; he ties a piece of reed-grass round it to distinguish it and so marks its sacred character (Mishnah Bikkurim 3:1). The law of the first fruits applies only to the seven kinds of produce that are mentioned in Scripture: (Deuteronomy 8:8) “a land of wheat and barley etc.”, for which Palestine is praised in that verse (Mishnah Bikkurim 3:1).
h.לא תבשל גדי THOU SHALT NOT COOK A KID — A calf and a lamb also are comprehended under the term גדי, for גדי means nothing more than a young tender animal, as you may gather from the fact that you will find in several passages in the Torah that the term גדי is used and that the writer felt it necessary specially to explain it by adding after it the word עזים, as, e. g., (Genesis 38:17) “I will send forth a גדי of the goats”; (Genesis 38: 20) “the גדי of the goats”; (Genesis 27:9) “two kids of the goats (גדיי עזים)”. This fact serves to show you that wherever גדי is mentioned without further description the term implies also a calf and a lamb. — In three different passages the law לא תבשל גדי is written: once for the purpose of prohibiting the eating of meat-food with milk-food, once to prohibit us from deriving any other benefit (besides eating) from such mixture, and once to prohibit the boiling of meat with milk (Mekhilta d'Rabbi Yishmael 23.19.2; Chullin 115b).
Exodus 23:20 h.הנה אנכי שלח מלאך BEHOLD, I SEND A MESSENGER [BEFORE THEE] — Here they were informed that they would once sin and that the Divine Majesty would have to tell them, (Exodus 33:3) “for ‘I’ will not go up among thee” (cf. Exodus Rabbah 32:3).
h.אשר הכנתי means, WHICH I HAVE PREPARED in order to give unto you. This is the literal meaning of the verse. The Midrash (taking the word as connected in meaning with the term כִּוֵן “to put a thing in a line with” or “to make it correspond with” another thing) explains אל המקום אשר הכנתי to signify “to the place opposite to which I have long since established the seat of my Glory” (“the place” therefore denotes the Temple; cf. Rashi on Exodus 15:17). This is, according to the Midrash, one of the verses which implicitly state that the Temple in Heaven is situated exactly opposite (מְכֻוָּן) that on the earth (Midrash Tanchuma, Mishpatim 18)
Exodus 23:21 h.אל תמר בו EXASPERATE HIM NOT — This verb is a term denoting rebellion (המראה), similar to, (Joshua 1:18) “Whosoever he be that rebel (ימרה) against thy commandment”.
h.כי לא ישא לפשעכם FOR HE WILL NOT PARDON YOUR TRESPASS — He is not accustomed to it (to sin) for he is one of a class of beings who never sin. Besides he is only a messenger and only carries out the mission entrusted to him (i. e. he has no right to pardon you, for this is My prerogative: it is his only to insist upon obedience to My commands) (Midrash Tanchuma, Mishpatim 18).
h.כי שמי בקרבו FOR MY NAME IS IN HIM — This passage must be connected with the beginning of the verse: Take heed of him etc. — for (כי) My Name is associated with his (i. e. whatever he does, he does in My Name). Our Rabbis said that he (the angel) is Mattatron (מטטרון) whose name is even as the name of his Master, for מטטרון has the numerical value of שדי “the Almighty” (Sanhedrin 38b).
Exodus 23:22 h.וצרתי — render this as the Targum does: I will distress.
Exodus 23:24 h.הרס תהרסם [BUT] THOU SHALT UTTERLY OVERTHROW THEM — those gods.
h.מצבתיהם THEIR MONUMENTS — stones which they set up (root נצב) before which to prostrate themselves.
Exodus 23:26 h.לא תהיה משכלה THERE SHALL NOTHING BE BEREAVED OF YOUNG, if you will act according to My will.
h.משכלה BEREAVED OF YOUNG — A woman who miscarries or who buries her children at a very early age is called משכלה.
Exodus 23:27 h.והמתי I WILL CONFOUND — This is equivalent to וְהָמַמְתִּי (i. e. the root is המם). Its rendering in the Targum is ואשנש “and I will confound”. Similar is every verb the root of which has its last letter doubled (verbs ע"ע): when it is changed (conjugated) to express the idea of “I have done something” (i. e. the first person singular perfect of the Kal; the same really applies to some inflected forms of other conjugations also) there are occasions when one omits the doubled letter (it is actually the first of the two similar letters) and dageshes the remaining letter of these two and vowels it with מלאפום (our חולם). Examples are: וְהַמֹּתִי which is of the same derivation as, (Isaiah 28:28) “and the wheel of his cart makes a confused noise (המם)”; (Ecclesiastes 2:20) וְסַבֹּתִי, “and I turned about” which is of the same derivation as, (I Samuel 7:16) “and he went round (וסבב) to Bethel”; (Psalms 116:6) דַלֹּתִי “I was low”, of the same derivation as, (Isaiah 19:6) “The waters shall become low (דללו) and dried up”; (Isaiah 49:16) “I have graven thee (חַקֹּתִיךְ) upon the palms of my hand”, of the same derivation as, (Judges 5:15) “things engraved (חקקי) in the heart”; (I Samuel 12:3) את מי רַצֹּתִי “whom have I crushed”, of the same derivation as, (Job 20:19) “because he hath crushed (רצץ) and hath forsaken the poor”. He, however, who translates it in the Targum by וְאֶקְטַל, is in error. For if it were derived from the root denoting death (מות), the ה in it would not be vowelled with Patach and its מ would not be dageshed nor vowelled with חולם, but it would read וְהַמַתִּי, as, (Numbers 14:15) “Now if Thou shalt kill (וְהַמַתָּ) this people”, the ת being dageshed because it would come in place of two ת’s, one being a root-letter — for no form of מות can be written without at least one ת (that in the root) — and the other being a servile letter (part of the suffix), just as תִּי in אמר-תי and חמא-תי and עשי-תי. Similarly with נתתי: the second ת is dageshed because it comes in the place of two ת’s — since it (the word) really requires three ת’s, two for the root, as in, (Joshua 10:12) “the day when the Lord giveth (תת)”, and in, (Ecclesiastes 3:13) “it is the gift (מתת) of God”, — and the third as a servile letter.
h.ערף NAPE OF THE NECK — i. e. they will flee before you and so turn the napes of their necks to you.
Exodus 23:28 h.הצרעה THE HORNETS — This is a kind of insect which wounded their eyes and injected poison in them, so that they died. The hornets did not cross the Jordan and the Hittite and the Canaanite whom Scripture mentions here as being driven out by them were the inhabitants of the land of Sichon and Og (on the east side of the Jordan). It is for this reason that Scripture enumerates here of all the seven nations that Israel fought against when entering Palestine only these two (cf. Joshua 24:12, where the text expressly states that the peoples driven out by the hornets were those of שני מלכי האמרי, “of the two kings of the Amorites” who are identical with Sihon and Og). But the Hivites lived on the other bank of the Jordan and somewhat beyond it and yet it states here that the hornets would drive them out! They were indeed driven out by the hornets, for our Rabbis have explained in Treatise Sotah 36a that the hornets placed themselves on the east bank of the Jordan and from there cast the poison against them.
Exodus 23:29 h.שממה DESOLATE — empty of human beings, for you are but few and not sufficient to fill it all up.
h.ורבה עליך means, [LEST THE ANIMALS OF THE FIELD] MULTIPLY AGAINST THEE.
Exodus 23:30 h.עד אשר תפרה UNTIL THOU BE FRUITFUL — i. e. until you become many. תפרה is of the same root and meaning as no fruit, as, (Genesis 1:28) פרו ורבו “be fruitful and multiply”.
Exodus 23:31 h.ושתי is of the root שית or שות. The ת is dageshed, because it comes in place of two ת’s (ושת-תי) — one is necessary because no grammatical form of שות can be without the ת of the root, and the other is a servile letter (part of the suffix).
h.עד הנהר UNTO THE RIVER — the Euphrates.
h.וגרשתמו means AND THOU SHALT DRIVE THEM OUT.
Exodus 23:33 h.כי תעבד וגו׳ FOR IF THOU SERVE etc. — Both particles כי in this verse have the meaning of אשר “that”. It has this meaning in several passages. This is really the sense of the Aramaic word אי (Hebrew אם) which itself is one of the four meanings in which כי is used (cf. Gittin 90a. where the four usages of כי are given). In fact we find אם (אי) used in many passages in the sense of אשר, e. g., (Leviticus 2:14) ואם תקריב where it certainly should not be translated “if” — but ”when thou offer an offering of thy first-fruits”, for this offering is not optional but is obligatory (cf. Rashi on that verse)