MISHNAH: The High Priest judges and one judges him; he testifies and one testifies against him [These statements are only necessary as contrast to the rules for the king, to whom they do not apply (Mishnah 3).] . He gives ḥalîṣah and one gives ḥalîṣah to his wife, and one marries his wife in levirate marriage [If his brother dies childless, he gives halîsah to his sister-in-law, which will be allowed to marry anybody but a Cohen. If he dies childless, any brother not appointed High Priest in his stead may marry his widow.] . But he may not marry in levirate marriage since a widow is forbidden to him. [Lev. 21:14.] If a family member of his dies, he cannot follow the bier but if they [The people carrying the bier. The High Priest may never be seen together with them.] are unseen he can be seen; if they are seen he must be unseen. He leaves with them up to the city gate, the words of Rebbi Meïr; Rebbi Jehudah said, he does not leave the Temple since it is said: The Sanctuary he shall not leave [Lev. 21:12.] .
HALAKHAH: “The High Priest judges and one judges him,” etc. One understands that he judges. Why does one judge him [Why can he be compelled to appear in court in person?] ? Can he not appoint a plenipotentiary [In G אנטליר which S. Lieberman (Greek and Hellenism in Jewish Palestine, Jerusalem 1963, pp. 10–11) reads as antellar as a composite of Greek ἐντέλλω “enjoin, command, invest with legal powers” with Latin suffix -arius “belonging to, invested with,” etc.] ? Think of it, if an oath should be imposed on him, may a plenipotentiary take the oath? His monetary suits are heard by how many? By 23, as we understand from the following [Tosephta 2:15.] : “The king may not sit in the Synhedrion, neither king nor High Priest may participate in intercalations.” Rebbi Ḥanina [In G correctly Hananiah, the contemporary of R. Mana II.] and Rabbi Mana, one said the king does not sit in the Synhedrion because of suspicion [That the judges do not dare to voice an opinion contradicting the king.] ; he cannot participate in intercalations because of suspicion [Since the king can be expected to favor adding a 13 month every year so that all contracts for services which his government has concluded will be extended for another month without him having to pay for it.] . [The second opinion is missing here. In G it is extended for three lines but no intelligible text can be extracted from the few remaining words. G in all cases says “the king of Israel”.] Neither king nor High Priest may participate in intercalations since it is not to the king’s honor to sit with seven, so much less with three. This implies that his monetary suits are heard by 23 [This is unknown to the Babli.] .
[There exists a copy of this paragraph in Horaiot 3:2 (ה). It is missing in the Yerushalmi reproduced in the editio princeps of the Babli. A different version is in Midrash Samuel 7(5).] Rebbi Eleazar said, if a High Priest sinned, one whips him but does not remove him from his elevated status [This is unknown to the Babli.] . Rebbi Mana said, it is written [Lev. 21:12.] : For the crown of his God’s ointment is on him, I am the Eternal; if one could compare it, just as I am in My Sanctity, so Aaron is in his sanctity [The two other sources read: I in My Greatness, also Aaron in his greatness. R. Abun said (Lev. 21:8), holy he shall be to you, if one could compare it, as I Am in My Holiness, so Aaron is in his holiness.] . Rebbi Ḥanina the scribe, Rebbi Aḥa in the name of Rebbi Simeon ben Laqish: if a High Priest sinned, one whips him [In the two other sources: by a court of three judges. The sequel requires this text.] . If you would say by 23, his elevation would be his degradation [Since so many people would sit in judgment over him.] . And Rebbi Simeon ben Laqish said, if a patriarch sinned, one whips him by a court of three [judges]. Does one return him? Rebbi Haggai said, by Moses, if one would return him, he would kill them. Rebbi Jehudah the Prince [R. Jehudah II.] heard this and became angry. He sent Goths [Following the reading of the other two sources. Krauss conjectures that the inserted נ indicates nasal pronunciation, but by the evidence of the other two sources גנתון instead of גותיין seems to be a scribal error. [Instead of Goths they might have been Gaetuli, a people from Northwestern Africa (E. G.).]] to catch Rebbi Simeon ben Laqish. They beat him. He fled to Magdala, some say to Kefar Ḥiṭṭim [Magdala is on Lake Genezareth, Kefar Hittim in the hills overlooking Tiberias.] . The next day, Rebbi Joḥanan went to the assembly hall, when Rebbi Jehudah the Prince also went to the assembly hall. He [R. Jehudah the Prince.] said to him, why is the master not [Translated following G.] telling us words of instruction? He [R. Johanan.] started clapping with one hand. He [R. Jehudah the Prince.] asked, does one clap with one? He [R. Johanan.] answered him, no, but without ben Laqish there is nothing [Following the text of the other two sources. The text of the Leiden ms. is unintelligible.] . He [R. Jehudah the Prince.] told him, I shall free him. He [R. Johanan.] said to him, in Magdala. He [R. Jehudah the Prince.] told him, tomorrow I and you will go out to meet him. Rebbi Joḥanan sent to Rebbi Simeon ben Laqish, prepare [Translated following G. The text of the other two sources, “get rich”, does not make much sense.] for yourself some words of instruction since the Patriarch will go out to meet you. He went out to meet them and said, your example is similar to that of your Creator. For when the Merciful went to liberate Israel [from Egypt] [Added from the other two sources.] , He sent neither messenger nor angel but He went Himself, as is written: I shall pass through the Land of Egypt [Ex. 12:12.] , He and all His Court [Translated following Eliahu Fulda and H. L. Fleischer in Levy’s Dictionary. A similar explanation of the verse is found in the Passover Haggadah (Mekhilta dR.Ismael, ed. Horovitz-Rabin, p. 23; cf. H. Guggenheimer, The Scholar’s Haggadah pp. 298–299.) Here ends the Geniza fragment. The text in Horaiot has additions both at this point and at the end of the paragraph which, while relevant, in the absence of a confirming Genizah text cannot be added here.] . He asked him, why did you say these things [About whipping the Patriarch.] ? He told him, what are you thinking? That for fear of you I would refrain from the teachings of the Merciful? As Rebbi Samuel ben Rav Isaac said, No my sons, because the reputation is not good [1S. 2:24. The explanation of the verse is missing; it is given in Horaiot. The verse about the misdeeds of Eli’s sons ends, מַעֲבִיריִם עַם יי [the information]spread about by the Eternal’s people, which he interprets as being removed by the Eternal’s people, implying that the High Priest has to be removed if he sins.] .
[This and the following paragraphs refer to Mishnah Horaiot 3:6; the origin is to be found there in Halakhah 3:6 (ה). The Yerushalmi printed in the Babli editio princeps from a ms. different from the Leiden one, only quotes the first sentence; it eliminated the remark “continue in Sanhedrin.” The paragraph also appears in Moˋed qatan, copied twice in the Leiden ms. The text there is a reformulation, not a copy. Mishnah Horaiot 3:6 reads: “The High Priest tears his clothes below, the simple priest above. The High Priest officiates when he is a fresh mourner but may not eat; the simple priest neither officiates nor eats.” The High Priest is forbidden to let his hair grow or tear his clothes (Lev. 21:10). R. Meïr interprets the verse to mean that in mourning he may not tear his garment in the way other people do [Sịfra Emor Parashah 2(3)]. The Mishnah is R. Meïr’s. It is obvious that one speaks here of the High Priest’s personal belonging, not his robes of office, which may not be torn (Ex. 28:32,29:23).] Rebbi Eleazar in the name of Cahana: On top, high starting with the seam [He insists that a valid tear in mourning must sever the thread of the seam. If the cloth of the garment is folded over and then sewn, the tear must reach the place where the cloth is only a single layer. In Babylonia, the Palestinian קָנֶה שָׂפָה was understood as קַמֵּי שָׂפָה “in front of the seam” (Moˋed qatan 22b), correctly interpreted in the Rashi commentary edited by E. Kupfer (Jerusalem 1961). Cf. Horaiot3:6, Note 201.] , below, low starting with the seam. Rebbi Joḥanan said, really low [Without any minimal depth.] . Rebbi Joḥanan was going up the mountain [From Tiberias below Sea level to Sepphoris on a hilltop.] to visit Rebbi Ḥanina; on the road he heard that he had died. He sent, brought his good Sabbath garment, and tore it. Rebbi Joḥanan disagrees with Rebbi Jehudah in two things, but Rebbi Eleazar in the name of Cahana follows Rebbi Jehudah [R. Jehudah does not require tearing one’s clothing in mourning except for his parents, but if one tears he requires severing the seam.] . If following Rebbi Jehudah, he should not tear at all! This refers only to his father or mother, following Rebbi Meïr, as it was stated: One tears the seam for nobody who died except for father and mother, the words of Rebbi Meïr. Rebbi Jehudah says, any tear which does not completely sever the seam is a frivolous tear. How is that? It is a stringency for the High Priest that he shall sever the seam completely [This is the text here, in Horaiot, and in the first version of the Halakhah in Moˋed qaṭan 3:8, but in the second version and in editio princeps one reads: “that he may not sever the seam completely.” This seems to be the correct version. The point is made that Lev. 21:10 does not use the frequently used verb קרע “to tear” but the infrequent פרם “to tear in little pieces”. The is interpreted in Sifra Emor Parashah 2(3) to mean that the High Priest is not totally forbidden to rend his garments, only he may not do what everybody does. If he rends it, it may only be at the bottom, where few people will notice, and it may not be deep.] .
[Tosephta Zevahim 11:3.] “The High Priest sacrifices while in deep [“Deep sorrow” is the period between the death of a close relative and his burial. This is a period of biblically mandated mourning in which consumption of sanctified food is forbidden, Deut. 26:14. A simple priest, who is required to defile himself for the burial of a close relative, automatically is barred from the holy precinct until he is purified from the impurity of the dead. The High Priest is prohibited from defiling himself and from leaving the holy precinct (Lev. 21:12). The question remains, what is his status on that day?] sorrow but does not eat, the words of Rebbi Meïr; Rebbi Jehudah says, the entire day [Everybody agrees that if a High Priest is engaged in Divine Service when he is informed of the death of a close relative, he finishes his task. R. Simeon requires that upon completion he leave immediately; if he was informed while idle he also must leave immediately. R. Meïr holds that if he was in the precinct, he can start sacrificing even after being informed but then has to leave; if he was outside he cannot enter. R. Jehudah does not require him to leave.] . Rebbi Simeon says, he completely finishes the service he is engaged in and then leaves.” Between Rebbi Meïr and Rebbi Simeon there is one [difference], between Rebbi Jehudah and Rebbi Simeon there is one [difference] [For R. Jehudah, he does not have to leave after finishing his task. In fact, there are two differences since for R. Jehudah he is permitted to start after being informed of the death, but not for R. Simeon.] . Between Rebbi Meïr and Rebbi Jehudah is entering [Whether he has to leave after finishing. The verse seems to support R. Jehudah, Lev. 21:12: The holy precinct he may not leave.] . Rebbi Jacob ben Dositheos: interruption is between them. Rebbi Meïr says, if he was inside, he leaves; if he was outside, he did [not] [Reading from Horaiot.] enter. Rebbi Jehudah says, if he was inside, he enters [If he was in the Temple precinct, he may start serving; if he was outside, he may not enter, since Lev. 21:12 does not apply to his situation.] ; if he was outside, he did not enter. Rebbi Simeon says, he completely finishes the service he is engaged in and then leaves. Rebbi Yose ben Rebbi Abun in the name of Rav Huna: a baraita is from Rebbi Simeon ben Laqish [In Horaiot: R. Simeon. The name tradition here is quite corrupt. R. Yose bar Abun of the last generation of Galilean Amoraïm was a student of R. Jacob bar Dositheos. Also he cannot speak in the name of the second generation Babylonian Rav Huna; one has to read Rebbi Huna against both mss. sources. R. Simeon ben Laqish cannot formulate a baraita: neither baraita nor Mishnah address R. Simeon’s opinion.] : [A similar text is in Sifra Emor Parashah 2(8).] The Sanctuary he shall not leave, he may not leave with them, but he may leave after them. If they [The people carrying the bier. The High Priest may never be seen together with them.] are unseen he can be seen; he leaves with them up to the city gate, the words of Rebbi Meïr; Rebbi Jehudah said, he does not leave the Temple since it is said: The Sanctuary he shall not leave [Lev. 21:12.] . If he left, he may not return.”
[In addition to the parallel in Horaiot, there exists one in Pesahim 8:7 36a l. 76 ff. (פ).] Rebbi Abbahu in the name of Rebbi Eleazar: “Deep sorrow” [In its legal implications, that the person not only be forbidden to eat sanctified food but also cannot be counted in a quorum for religious services; cf. Berakhot3:1, Note 42.] is only for the dead, for it is written [Is. 3:26. The gates of Jerusalem are in sorrow because all its men are dead.] : Its gates are in deep sorrow and mourning. Ḥiyya bar Ada objected: Is it not written [Is. 19:8. The fishermen are in deep sorrow (and they mourn as quoted in the two parallel texts) because the Nile dried up. This proves that both terms used for the religious obligations of a person whose close relative died are used in the Bible also to describe other situations.] : the fishermen are in deep sorrow? Rebbi Ḥanina said, so is the baraita: there is no deep sorrow in impurity except for the dead. It was stated [Babli Zevaḥim 100b; a suspect text in Semahot 4:4.] : “What is deep sorrow? From the moment of death until the moment of burial, the word of Rebbi. But the Sages say, the entire day.” It turns out that one describes leniencies and stringencies following Rebbi, leniencies and stringencies following the rabbis. What is the difference between them? If he died and was buried within the hour. Following the rabbis, he is forbidden the entire day; following Rebbi he is forbidden only that hour. If he died and was buried after three days. Following the rabbis, he is forbidden the entire day; following Rebbi he is forbidden up to three days. There came Rebbi Abbahu in the name of Rebbi Joḥanan, and Rav Ḥisda, both of whom said that Rebbi agrees with the Sages that he is forbidden only during the first day, as it was stated [Babli Zevaḥim 100b.] : Rebbi said, you know that deep mourning in the night is not biblical, since they said [Mishnah Pesahim 8:8. This naturally presupposes that the person was not defiled by the impurity of the dead; otherwise, he would have to observe a seven day cleansing period. If he had no occasion to be near the corpse, the biblical prohibitions upon the deep mourner lapse at sundown.] , “the deep mourner immerses himself and eats his Passover sacrifice in the evening.” But they said, deep mourning [during daytime] [Inserted from the parallel sources, necessary for understanding the text.] is biblical. Rebbi Yose ben Rebbi Abun in the name of Rebbi Huna: Explain it [The Mishnah in Pesahim only refers to the unlikely case that the deep mourner was not defiled with the impurity of the dead in a case in which both Rebbi and the Sages will agree on the duration of the deep sorrow.] that he was buried close to sundown [and one cannot infer anything. [Inserted from the parallel sources, necessary for understanding the text.] ]
MISHNAH: If he [The High Priest makes a visit of condolence.] consoles others, common behavior requires the people to come in single file and the executive officer [The organizer of the Temple service walks to his left; all other people are required to make a single file to the organizer’s left, to make sure that nobody touch the High Priest and defile him.] becomes a partition between himself and the people. If he is consoled by others, everybody tells him, we are his [Meaning “your.”] atonement; he answers them, may you be blessed by Heaven. If one brings him the first meal [Mourners are not permitted to prepare their own first meal after the burial. The people who bring him the food are supposed to eat with him. This is an Amoraïc statement in the Babli (Moˋed qatan 27b) but is implied as an ancient custom in 2S.3:35, Ez. 24:17.] , the people sit in a circle on the ground and he sits in their circle on a footstool [Latin subsellium. Probably the vocalization should be סֻפּסֶל.] .
HALAKHAH: “If he consoles others,” etc. This implies that a footstool is not meant by “overturning the couch.” The High Priest is obligated to overturn his couch [The mourner is not permitted to sit comfortably on a couch; cf. Berakhot 3:1, Notes 36–41. The prestige of the High Priest’s office does not permit him to sit on the floor.] .
[From here to the end of the Halakhah, the text is from Berakhot 3:2, Notes 123–135. The last two paragraphs have been shortened to become partially unintelligible; they are intended to refer the student to the text in Berakhot.] It is stated: “One does not take the dead for burial close to the recitation of the Shemaˋ unless one do it one hour in advance or one hour afterwards, so that they may recite and pray.” But did we not formulate: “When they buried the dead and returned”? Explain it for those who thought that they had a free period but they did not have a free period.
It is stated: The eulogizer and all who participate in a eulogy interrupt for the recitation of Shemaˋ but do not interrupt for prayer. It happened that our teachers interrupted for the recitation of Shemaˋ and prayer. Did we not state: “If they are able to start and finish”? Our Mishnah refers to the first day; that the Tanna stated for the second day.
Rebbi Samuel ben Eudaimon said: He who enters the synagogue and finds them standing and praying; if he knows that he could start and finish before the reader starts, so that he may answer “Amen”, he may pray, otherwise he should not pray. About which “Amen” did the speak? Two Amoraïm, one says the Amen of “the Holy King”, the other says the Amen of “Who listens to prayer.” [A sentence has been omitted: R. Phineas said, the Amen of “the Holy King” refers to the Sabbath, that of “He Who listens to prayer” refers to weekdays. Only the last word was left.] On weekdays.
It is stated: Rebbi Jehudah says, if they are all standing in one row, those who are standing because of honor are obligated, those because of mourning are exempt. When they descend for a eulogy, those who see inside are exempt, those who do not see inside are obligated. It would be what we stated: “If he consoles others, the people come in single file and the executive officer becomes a partition between himself and the people,” the first teaching [Half a paragraph has been omitted (Berakhot loc. cit. Notes 132–133) that practice had changed in Mishnaic times. The practice of Temple times is not necessarily relevant for later generations.] . And what we stated: “the innermost are exempt and the outer ones obligated,” is the first teaching. Rebbi Ḥanina said: Originally, all families were standing still and the mourners passed between them. When competition increased in Sepphoris, Rebbi Yose ben Ḥalaphta instituted that the families should pass by and the mourners stand still. Rebbi Samuel Sofefta said: Matters returned to their original state.
MISHNAH: The king does not judge [In the theory of the Yerushalmi this is biblical law, even though historically the administration of justice was the hallmark of kingship. Historically, the explanation of the Babli (19a) has much to recommend it, that the Mishnaic theory of kingship, positing total separation of the executive from the judiciary, is a reaction to the misrule of the later Hasmoneans and the Herodians.] , nor may one judge him; [This would be too dangerous for judges and witnesses.] he does not testify, nor may one testify against him; he does not give ḥalîṣah, nor does one give ḥalîṣah to his wife [The ceremony would not be consistent with the dignity of his office/] . He does not marry in levirate, nor may one marry his wife in levirate. Rebbi Jehudah says, if he wants to give ḥalîṣah or marry in levirate, let his good deeds be remembered. They told him, even if he wants to, one does not listen to him [The king is obliged to sustain his dignity.] . One may not marry his widow; Rebbi Jehudah says, a king may marry a king’s widow [This seems to have been Solomon’s interpretation when he ordered Adoniah killed for asking Avishag’s hand (1K. 2:22).] , since we find that David married Saul’s widow, as it is said [2S. 12:8.] : I gave your master’s house to you and your master’s wives on your breast.
HALAKHAH: “The king does not judge, nor may one judge him;” etc. But is it not written [2S. 8:15.] : David administered justice and charity for his entire people, and you say so? One has to say that he judged by the law, cleared the innocent and condemned the guilty. [Babli 6b, the statements to the end of the paragraph. Deut. rabba 5(3).] If a poor person was found liable, he paid from his own money; in that he was administering justice for one party and charity for the other. Rebbi said, if somebody judged, cleared the innocent and condemned the guilty, the Omnipresent will credit him with acting charitably with the guilty by taking the ill-gotten goods out of his hand [Rebbi (in Deut. rabba Rav Nahman) objects to the first explanation since essentially it is a dishonest way of solving disputes. He declares correct judgment in money matters to be an exercise in charity. Cf. Chapter 1, Note 82.] .
“One may not judge him.” Because from You my judgment will come [Ps. 17:2. Only God judges the king.] . Rebbi Isaac in the name of Rebbi: To provide the judgment of His servant and the judgment of His people Israel day by day [1K. 8:59.] .
“Rebbi Jehudah says, if he wants to give ḥalîṣah or marry in levirate, let his good deeds be remembered.” They told him, if you say so, you injure the king’s prestige.
One marries neither the king’s widow nor his divorcee, because they were secluded to the day of their death, living in widowhood [2S. 20:3, speaking of David’s concubines with whom Absalom had slept in public.] . Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan: This teaches [He reads צְרוּרוֹת not as “bound” but “tied, braided”.] that David had them braided and adorned, and brought them before himself every day and told his evil inclination, you desire something which is forbidden to you; [Since the concubines were not legally his wives, Absalom sinned by raping them, but they remained permitted to David by rabbinic rules. It was voluntarily that David refrained from sleeping with them.] by your life, I shall make you desire what is permitted to you. The rabbis of Caesarea said, they actually were forbidden to him. If a private person’s vessel used by a private person is forbidden for the king’s use [Since the king is prohibited from marrying his childless brother’s widow, it follows that the only women permitted to a king are either virgins or widows and divorcees of kings.] , a fortiori the king is forbidden to use the king’s vessels which were used by a private person.
“Rebbi Jehudah says, a king may marry a king’s widow, since we find that David married Saul’s widow, as it is said: I gave your master’s house to youand your master’s wives on your breast.” This refers to Riṣpah [Saul’s concubine, cf. Yebamot 2:4, Note 116.] , Abigail and Batseba [These two examples refer to the preceding paragraph and show that the argument of the rabbis of Caesarea is wrong. David married Abigail, Nabal’s widow, when already he claimed kingship (in the interpretation of the next paragraphs) and Batseba, Uriah’s widow, when actually he was king.] .
[This paragraph is inserted as preface to the story about Nabal and David, induced by the mention of Abigail in the preceding sentence.] Ḥeṣron had three sons, as it is written [A shortened quote from 1Chr. 2:9.] : The sons of Ḥeṣron Yeraḥmeël, and Ram, and Kelubai [He is Kaleb ben Hesron, presumed ancestor of Nabal.] . Yerahmeël should have been first, [As the firstborn, he should be first in the genealogical list, but his descendants are listed last, vv. 25 ff. The role of firstborn was taken over by Ram, the ancestor of David.] but he married a Gentile woman to crown himself with her, as it is written [1Chr. 2:26.] : Yerahmeël had another [Interpreting “another” as “foreign”.] wife; her name was Crown, she is the mother of Onam, for she brought deep sorrow to his house [Deriving אוֹנָם from the root אנה “to be in deep sorrow”.] . And Ram fathered Amminadav, Amminadav fathered Naḥshon, Naḥshon fathered Salma, Salmon fathered Boaz [Ru. 4:19–21, but probably 1Chr.2:10–11 was intended.] , and Boaz married Ruth.
[A Hebrew version of most of the story is in Midrash Samuel (ed. Buber) 25.] This Nabal [“Scoundrel”. But the name seems to be Arabic نبل “possessed of superior qualities, generous, noble.”] was a descendant of Kelubai. Nabal said, nobody in Israel comes from a better family than I. That is what is written [1S. 25:2.] : A man from Maˋon had his business in Karmel; the man was exceedingly rich, a Kalebite, a descendant of Kelubai. David heard in the prairie that Nabal was shearing [1S. 25:4.] . Tell him, to life [1S. 25:6.] ! For long life. Peace be with you, etc. Rebbi Justus from Sunem said, they formed a camp [This is a side remark; it is more explicit in Erubin 1, 19c l. 75. In v. 4, it is stated that David sent 10 men to Nabal; in v. 6 it is stated they encamped. He concludes that the legal definition of a camp (for the religious obligations in wartime) refers to a minimum of 10 men.] . Nabal answered David’s servants [1S. 25:10.] , etc. From where that in criminal trials the voting starts from the side? Samuel the Elder stated before Rebbi Aḥa: David told his men [1S. 25:13. The argument is quoted in the Babli, 36a, in the name of R. Johanan. The verse explains that David told his men to gird their swords; he girded his sword last. This is read to mean that he first polled his men whether Nabal should be executed for the crime of lèse-majesty; he gave his vote last.] , etc. He flew at them [1S. 25:14.] . What means he flew at them? He made them fly with words [Rashi quotes this in his Commentary to the verse.] . Now know this and consider what to do [1S. 25:17.] . She fell in with them [1S. 25:20.] , she bared her thigh and they walked by its light [Since in v. 3 she is described as a radiant beauty.] . She fell in with them, they all were recognizable [In the dark of the night.] . [David] said, was it in vain that I watched [1S. 25:21.] , etc.? Pissing on a wall [1S. 25:22.] ; why does he refer to the dog pissing on a wall? Even with the dog I shall not have mercy. Abigail saw David [1S. 25:23.] , etc. She told him, my lord David, what did I do, what did my children do, what did my animals do? He answered her, because he insulted the kingdom of David. She asked him, are you a king? He told her, did not Samuel anoint me as king? She answered him, our Lord’s Saul‘s coin [Latin moneta.] is still circulating. And I am your servant [1S. 25:25.] ; this proves that he asked her for sex [Since in each sentence she repeats that she only is his servant, she has to emphasize that she is not going to be his companion.] . Immediately, she brought out her stains [Indicating that she was not available since she was menstruating, and treating him as a rabbi, competent to decide whether blood was menstrual or not (cf. Introduction to Tractate Niddah.)] and showed him. He said, does one investigate stains in the night? She retorted, may your ears hear what your lips say! Stains one does not investigate in the night, does one judge capital cases in the night? He answered, his sentence was already passed in daytime. She retorted, may this not be פוּקָה for you [1S. 25:31.] .
[A paragraph inserted to discuss the meaning of the hapax פּוּקָה. It is assumed that the root פק is the same which appears reduplicated in the rabbinic Hebrew verb פקפק (“to doubt”, Arabic “to dote”). In the Babli, a parallel argument is in Megillah14b.] Rebbi Eleazar said, matters of reproach are there. Rebbi Levi was reviewing the lesson, when Rebbi Zeˋira commanded the colleagues to come and hear the voice of Rebbi Levi sermonizing, for it was impossible that the lesson would be finished without new insight. He came and told them, not be; Rebbi Zeˋira heard it and said, even in his aggadah there is new insight. לְפוּקָה matters of reproach are there.
She told him, when you emerge from your tribulations, one will say of you that you that you are a murderer. And a stumbling block for sin [1S. 25:31.] [In the verse: a stumbling block of my lord’s heart.] . You are set up to stumble over a married woman, better one than two. In the future it will be enough to bring one, and not to add spilling blood. Are you ready to rule over Israel when they will say about you that you were a spiller of blood? Even though anybody who curses the dynasty of David incurs the death penalty [In imitation of Roman law; Babli Megillah 14a.] , still you are missing the throne. But remember your servant [1S. 25:31.] , this proves that she showed herself licentious [She indicated her desire to be his wife when she still was married to Nabal.] . Since she showed herself licentious, the verse damaged her. In all verses one reads Abigail, except for this verse [1S. 25:32.] : David said to Abigal, praised be the Eternal, etc., to come into blood guilts, the blood of menstruation and the spilling of blood [1S. 25:33; explaining the plural “bloods” used in the verse. Babli Megillah14b.] .
MISHNAH: If a relative of his [The king’s.] died, he does not leave his palace [Latin palatium, “palace”. The ending -orium may have been added in parallel to praetorium “official residence of the governor of a province”.] . Rebbi Jehudah says, if he wants to follow the bier, he may follow it, as we find that David followed Abner’s bier, as it is said [2S.3:31.] : King David followedthe bier. They told him, this was only to quiet [To quell rumors that the king was involved in Abner’s murder.] . When one brings him the first meal [Mourners are not permitted to prepare their own first meal after the burial. The people who bring him the food are supposed to eat with him. This is an Amoraïc statement in the Babli (Moˋed qatan 27b) but is implied as an ancient custom in 2S.3:35, Ez. 24:17.] , the people sit in a circle on the floor and he sits in their circle on a couch [For the particular kind of couch mentioned here; cf. Berakhot 3:1, Note 31.] .
HALAKHAH: “If a relative of his died, he does not leave his palace.” This implies that a dargesh is included in overturning one’s bed [Since it is mentioned that the king is required to sit on a dargesh when receiving condolence visits, one implies that no other mourner may sit on this kind of couch since the king in mourning is not required to sit or sleep on an overturned coach. However, it is spelled out elsewhere (Berakhot 3:1 Note 31, Moˋed qaṭan 5:1 83a l. 11, Nedarim 7:5 Note 49; Babli Sanhedrin 20a) that a dargesh is turned 90° in contrast to other couches which are turned upside down.] . The king is not required to overturn his bed.
Some Tannaïm state [Gen. rabba 17(13).] : Women go first [In a funeral procession, they precede the bier.] , after them men. But some Tannaïm state: Men first, women after them. He who says women first, since they caused death to the world. He who says men first, for the honor of the daughter of Israel, lest people [The onlookers.] look at women. But was it not written: King David followed the bier [2S.3:31.] [In v. 32 it says that David cried at Abner’s grave, and so did the entire people; entire includes women. But it still is undecided who went first. In the Babli, 20a, the verse is quoted as proof that the women must have preceded the bier since the king immediately followed it.] . They said, this was only to quiet. Whoever was calming the women was calming the men, and whoever was calming the men was calming the women.
[A somewhat more explicit version of this is in Sukkah 5:4 (55c l. 7); a different version of this and the following paragraphs is found in the last part of Num. rabba 4.] It is written: David turned [1Chr. 16:43. Probably what was intended was 2S. 6:20 (correctly quoted in Sukkah), the end of the story of the transfer of the Ark to the City of David.] . Who are the “empty ones” [2S. 6:20, where Michal criticizes David for dancing in the street.] ? Rebbi Abba bar Cahana said, the most empty one, that is the dancer [Greek ὀρχηστής, οῦ, ὁ.] . She told him, today the honor of my father’s house became obvious. One said about the family of Saul that one never saw a heel or a thumb of them. That is what is written: He came to the sheep fences [1S. 24:3.] . Rebbi Abun ben Rebbi Eleazar: That was a fence inside a fence [This explains the plural used in the verse and shows that Saul went to relieve himself in the cave guarded from the outside by a double fence. In the Babli, Berakhot62b, this is quoted as tannaitic text.] . Saul came to spread his feet [1S. 24:3.] . He saw him how he lifted a little and covered a little. He said, one who would touch such modesty would be cursed. That is what he told him, behold, what your eyes saw today [1S. 24:10.] , etc. Is it not written “I had mercy on you” but it had mercy on you [1S. 24:10.] , your modesty had mercy on you. David told Michal [2S. 6:21.] , etc. With the servant girls you mentioned, with them I shall be honored [2S. 6:22.] , for they are not servant girls but mothers. How was she punished? Michal, Saul’s daughter, had no child [2S. 6:23. The verse ends: up to the day of her death, implying that she died in childbirth.] , But is it not written: The sixth Yitreˋam, of his wife Calf [2S. 3:5. Only Michal is called “David’s wife” (1S. 25:44). The problem that Yitreˋam was born in Hebron is not addressed; it is discussed in the Babli, 21a.] . She mood like a calf and died.
[Since the preceding paragraph speaks of the introduction of the Ark into Jerusalem, one continues with sermons about the Ark.] no person in Israel was abasing himself before the Commandments more than David. Why was he abasing himself before the Commandments? Because people were looking at the Ark and dying, as it is written [1S. 6:19. There, it is stated explicitly, because they were staring at the Eternal’s ark.] : He smote of the people of Bet Shemesh, etc. Rebbi Ḥanina and Rebbi Mana [A different interpretation is in the Babli, Sotah 35b, also by Galilean Amoraim.] . One said, He smote among the people seventy men, that is the Synhedrion. And 50’000 men [The conjunction ו is not in the masoretic text. The quote is correct in the existing mss. (Munich and Rome) of Babli Sotah, incorrect in the Bomberg Babli of 1520–23.] , for they were worth 50’000. The other said, He smote among the people seventy men, that is the Synhedrion. And 50’000 men from the people of the Land. It is written [Ps. 131.] : A song of ascent of David. O Eternal, my heart was not haughty when Samuel anointed me; my eyes were not overbearing when I slew Goliath; and I did not decide on matters too great when I brought up the Ark; and wonderful for me, when He brought me back to my kingdom. But rather I prayed, and silenced my soul like a baby by its mother, like a baby my soul is for me. Like a baby delivered from his mother’s womb is my soul for me.
MISHNAH: He goes to a war of choice [Any war which is not purely defensive.] by the word of the Court of 71 [A misnomer for the Synhedrion, the High Priest's Council when the latter was head of the Commonwealth. The confusion in terminology was caused by the Court of Jabneh which took over the name of Synhedrion.] . He breaches fences on his way and one may not protest against him. The king’s highway has no measure [Cf. Mishnah Bava batra 6:7.] . When all people plunder [In war, if orders are given to plunder the enemy.] , it is put before him and he selects his part first.
HALAKHAH: “He goes to a war of choice,” etc. For it is written [Num. 27:21. The verse subordinates the political leader, Joshua, to the High Priest, Eleazar. It is presumed that the High Priest act on advice of his Council.] : on his saying they shall go out, on his saying they shall return. “He breaches fences on his way,” for it is written: they drove before [this] flock and said, this is David’s booty [1S. 30:20. What the verse really proves is that the total booty is called “the king’s booty”, implying that he has the right to first select his share.] .
[Parallel texts are in Ruth rabba 5(1), Midrash Samuel 10(1), Yalqut Samuel #165.] He was with David at Efes Dammim [1Chr. 11:13. In the entire section, the verses are not quoted exactly.] . Rebbi Joḥanan said, at the red field [He explains the reading of the masoretic text, פַּס דַּמִּים “a red strip.”] . But Rebbi Samuel said, from there the money stopped. [He reads אֶפֶס דָּמִים “no money” in rabbinic Hebrew, to explain that the king does not pay for damage he inflicts on private property in the course of his activities on behalf of the people in war or peace. The storytelling is incidental to the attempt to find biblical justification for the rules of the Mishnah. There is no claim of historical validity.] The Philistines assembled [1Chr. 11:13. In the entire section, the verses are not quoted exactly.] [2S. 23:11.] , etc. Rebbi Jacob from Kefar Ḥanan said, they were lentils but a kernel was as good as a barley grain. Rebbi Levi said, this describes the Philistines who came straight as barley and went away low as lentils, as one verse says, there was a field full of barley [1Chr. 11:13. In the entire section, the verses are not quoted exactly.] , and one said, full of lentils [2S. 23:11.] . Rebbi Samuel bar Naḥman said, it was one year but concerning two fields, one of barley and one of lentils. It was obvious to him that he might destroy it and pay for the damage. Perhaps it was obvious to him [To David, who would be incapable of doing anything unlawful. The Mishnah does not address the problem of indemnity for the exercise of the power of eminent domain.] that he might destroy it and not pay for the damage? Which one might he destroy and for which one would he have to pay? For the one of lentils or the one of barley? For the one of lentils grows human food, the one of barley animal feed. The one of lentils will not be obligated for ḥallah [The heave required to be taken from bread dough; cf. Introduction to Tractate Hallah.] , barley will be obligated for ḥallah. The ˋomer comes from barley [The flour offering permitting the use of new grain. Lev. 23:9–14.] ; ˋomer cannot be brought from lentils. But the rabbis said, it was one field and two years. Does one infer from last year, or does one not infer from one year to the next? They stood up in the property and saved it [1Chr. 11:14.] . One verse says, they saved it, and one says, he saved it [2S. 23:12.] . This shows that he returned it to its owner and it was dear to him as if it had been a field of saffron.
It is written: David had a desire and said, who would give me to drink from the cistern of Bethlehem [2S. 23:15–16; 1Chr. 11:17–18.] , etc. Rebbi Ḥiyya bar Abba said, he questioned practice [One of the rules of the Mishnah. to ask the opinion of the Sages of a mythical Bethlehem. Rabbinic interpretation systematically reduces David to a rabbi, negates all qualities of a warrior, and tries to eliminate all memories of a warlike past.] . Three broke through. Why three? For no practice can be elucidated by less than three [opinions]. But David refused to drink. David did not want that the practice would be attached to his name [Since the rules of the Mishnah are all anonymous.] . He poured it out for the Eternal, he fixed it as a tractate for all generations, “he breaches fences on his way.”
Bar Qappara said, it was the feast of Tabernacles, the time of water libations [The water libation at Tabernacles (Mishnah Sukkah 4:9), a purely pharisaic practice without biblical sanction, to ask for ample rains in the winter season. Cf. Note 161.] , and a time when private altars were permitted [After the destruction of Shiloh, before the building of the Temple in Jerusalem, there was no central sanctuary which could claim exclusivity by deuteronomic rules. According to all opinions, private altars were biblically permitted in that period (Mishnah Zevahim 14:7). The pharisaic water libation was a public offering not appropriate for a private altar. It has to be assumed that in this interpretation David acted as king; his altar could represent the nation by public offerings.] . Three broke through. Why three? One was slaying, one was removing the corpses, and the third brought the flask in purity.
One verse says, he made a libation for the Eternal, but another verse says, he covered. He who says ויסך, supports Rebbi Ḥiyya bar Abba [He does not read the masoretic וַיַּסֵּךְ from the root נסך “to pour, offer a libation” but וַיָּֽסֶךְ, root סכך “to cover”.] . He who says, he made a libation, supports Bar Qappara. Rebbi Huna in the name of Rebbi Yose: He had a problem with the rules of captives [Probably what is the prerogative of the king in appropriating female prisoners of war. Rabbinic theory explains that Tamar was not David’s daughter but the daughter of David’s wife Maˋakha from the time before the latter was taken prisoner by David and forcibly converted by the rules of Deut. 21:10–14 (Babli 21a); therefore, she was unrelated to Amnon who could have married her under rabbinic rules.] . Rebbi Simeon ben Rebbi said, he desired to build the Temple [It is unclear to what this may refer, but in any case it would be a case for the Sages of Bethlehem before the capture of Jerusalem.]
MISHNAH: He shall not add wives [Deut. 17:17.] , only eighteen [This is the number of wives David could have had, as explained in the Halakhah.] . Rebbi Jehudah says, he may have many on condition that they not deflect his mind [Deut. 17:17 reads: And he shall not add wives, lest his mind be deflected (from his religious duties.) If the prohibition were absolute, it would not need a rationale.] . Rebbi Simeon says, he should not marry even one if she deflects his mind [R. Simeon in principle objects to R. Jehudah’s argument. For him, every biblical commandment has a rationale indicated in the text, even if it is not explicit (Babli 21a). Therefore, lest his mind be deflected is a commandment in itself. Hence, 18 wives is the maximum permitted to a king under any circumstances.] . Then why was it said, he shall not add wives? Even one like Abigail [Who prevented David from sinning, cf. Halakhah 3. Since she predicted that David would be king, she is counted as a prophetess (Seder Olam Chap. 2).] . He shall not add horses [Deut. 17:16.] , over and above what he needs for his chariots. And silver and gold he shall not add excessively [Deut. 17:17.] , over and above what he needs for his payroll [Greek ὀψώνιον, Latin obsonium,“victuals, allowance, gratuity”, here taken as allowances for everybody on the king’s payroll.] . And he shall write a Torah scroll [Deut. 17:18.] for himself. If he goes to war, it is with him; if he returns, it is with him; if he sits in court, it is with him; if he sits down for dinner, it is with him, as it is said: It shall be with him, and he shall read in it all the days of his life [Deut. 17:19.] . One does not ride on his horse, nor does one sit on his throne, nor does one use his scepter. One may not see him when he is barbered, nor when he is naked, nor when he is in the bath, as it is said [Deut. 17:15.] : You certainly shall put a king over you, that his fear be upon you.
HALAKHAH: “He shall not add wives,” etc. Rav Cahana said [Babli 21a.] , because of the sixth Yitream by Egla [2S. 3:5. Only Michal is called “David’s wife” (1S. 25:44). The problem that Yitreˋam was born in Hebron is not addressed; it is discussed in the Babli, 21a.] . What is written there? At least, I shall give you twice as many [2S. 12:8. The verses 2S. 3:2–5 prove that David had six wives in Hebron. The prophet Nathan then told David that God would have given him an addition of twice as many wives, for a total of 3×6=18, had he not sinned with Batseba. Therefore, 18 wives for a king have Divine sanction.] .
“He shall not add horses over and above what he needs for his chariots.” As in David destroyed all the chariots, [2S. 8:4. As usual, the argument is about the part of the verse which is not quoted: but he reserved from them 100 chariots. This shows that chariots and horses needed for the army are permitted.] etc. “And silver and gold he shall not add excessively over and above what he needs for his payroll.” Rebbi Joshua ben Levi said, but only for this year’s payroll.
Rebbi Aḥa said: Solomon said, three things I desecrated where I got the better of the law [Eccl. r. 2(3), Tanhuma Aḥare Mot 1, Tanhuma Buber Ahare Mot 2, Pesiqṭa dR. Cahana(Buber) Ahare Mot 168b–168a. Most of the verses quoted in these paragraphs are also quoted in the Babli, 21b. Cf. also Cant. rabba 1(10).] . He shall not add wives, and it is written: King Solomonloved foreign women [1K. 11:1.] . Rebbi Simeon ben Ioḥai said, he really made love to them immorally [He did not marry them but slept with them unmarried to increase his sexual enjoyment.] . Ḥananiah, Rebbi Joshua’s nephew, says, because you shall not intermarry with them [Deut. 7:3. He agrees with R. Simeon ben Iohai and notes that by behaving immorally he avoided violating the law. In Num. r. 10(8) only Hanania and R. Yose are mentioned.] . Rebbi Yose said, to draw them to the words of the Torah and bring them under the Wings of the Divine Presence [He married all those women with good intentions but violated Deut. 17:17. The expression “to take shelter under the Wings of the Divine Presence” for “to convert to Judaism” is from Ru. 2:12.] . Rebbi Eliezer said, because also the foreign wives made him sin [Neh. 13:26. He violated Mishnah 7 according to all authorities quoted there.] . It turns out that one may say that Rebbi Simeon ben Ioḥai, Ḥananiah, and Rebbi Eliezer mean the same. Rebbi Yose disagrees with all three of them.
He shall not add horses, and it is written: Solomon had 40’000 horse stables for his chariot, and 12’000 riders [1K. 5.6.] . They were idle [If all of the chariots and horses had been for military purposes, it would not have been sinful. A Genizah fragment inserts a rhetorical question. Were the 40’000 stables not adequate since it also is written (1K. 4:20) that Israel were many, like the sand at the seashore? The answer is that the horses and carriages were sinful since the riders were idle most of the time.] . A private person is permitted all of these [Wives, horses, and money are limited only for a king.] .
And silver and gold he shall not add excessively, and it is written: The king made silver in Jerusalem to be like stones [1K. 10:27, 2Chr. 1:15.] . Were they not stolen? Rebbi Yose ben Ḥanina said, they were stones of ten cubits and eight cubits [A silver block of 8 cubits side length would weigh 1.7 metric tons.] . Rebbi Simeon ben Laqish stated: In Solomon’s times, even weights were not of silver but of gold. Why? Silver was not valuable in Solomon’s times [1K. 10:21, 2Chr. 9:27.] .
[Eccl. r. 2(3), Tanhuma Aḥare Mot 1, Tanhuma Buber Ahare Mot 2, Pesiqṭa dR. Cahana(Buber) Ahare Mot 168b–168a. Most of the verses quoted in these paragraphs are also quoted in the Babli, 21b. Cf. also Cant. rabba 1(10).] It is written [Eccl. 2:2.] : To amusement I said, be praised. The Holy One, praise to him, said to Solomon: What is this crown on your head? Descend from My throne! Rebbi Yose ben Ḥanina said, at that moment an angel came down looking like Solomon, removed him from his throne, and sat in his stead. He was going around in synagogues and houses of study, saying I am Ecclesiastes, I used to be king over Israel in Jerusalem [Eccl. 1:12.] . They were telling him, the king sits on his chair of honor [Latin bisellium; cf. Löw in Krauss’s Lehnwörter.] and you say, I am Ecclesiastes? They hit him with a stick and brought a dish of split beans before him. At that moment, he said: that is my part [Eccl. 2:10.] . Some say, a staff. Others say, a rod. Others say, with his belt. [Cant. r. ad 5:10, Lev. r. 19(2), Ex. r. 6(1). Solomon is accused of wanting to remove the imperative from Deut. 17:17.] Who had accused him? Rebbi Joshua ben Levi said, י in יַרְבֶּה [2S. 23:15–16; 1Chr. 11:17–18.] accused him. Rebbi Simeon ben Ioḥai stated: The book Deuteronomy ascended, bowed down before the Holy One, praise to Him, and said to Him: Master of the Universe, You wrote in Your Torah that any disposition [Greek διαθήκη “will, disposition”.] which is partially invalid is totally invalid, and now Solomon wants to uproot a י from me! The Holy One, praise to Him, said to it: Solomon and a thousand like him will disappear but nothing from you will disappear.
Rebbi Huna in the name of Rebbi Aḥa: The י which the Holy One, praise to Him, lifted from our mother Sarah was given half to Sarah and half to Abraham [In the Alexandrian system, the numerical value of י is 10, that of ה is 5. Therefore, the gematria of the two former names אברם שרי of Abraham and Sarah is identical to that of the new names אברהם שרה.] . Rebbi Hoshaiah stated: The י ascended, bowed down before the Holy One, praise to Him, and said to Him: Master of the Universes, you uprooted me from this just woman [By changing שָׂרַי into שָׂרָה.] ! The Holy One, praise to Him, said to him: leave. In the past you were the last letter of a woman’s name. By your life, I shall make you the first letter of a man’s name. That is what is written: Moses called Hoshea bin Nun Yehoshua [Num. 13:16.] .
And he shall write a Torah scroll for himself. [Babli 21b, Tosephta 4:7.] That he should use neither his father’s not his teacher’s. One proofreads it from the Temple scroll under the supervision of the court of 71 [In the Tosephta: It is proofread first by priests, then by Levites, then by Israel whose daughters are qualified to marry priests.] .
“If he goes to war, he carries it with him for it is said: It shall be with him, and he shall read in it all the days of his life. Is there not an inference de minore ad majus? Since for a king of Israel, who was occupied by the needs of Israel, is it said that he shall read in it all the days of his life, a private person so much more. Similarly, it was said to Joshua: You shall meditate about it day and night [Jos. 1:8.] . Is there not an inference de minore ad majus? Since for Joshua, who is occupied by the needs of Israel, it is said: you shall meditate about it day and night, then certainly a private person.
[An abbreviated version of Tosephta 4:2.] One does not ride on a horse of a king of Israel, nor does one sit in his chair [Latin bisellium; cf. Löw in Krauss’s Lehnwörter.] , nor does one use his crown or his scepter, or any of his personal utensils. When he dies, all these are burned before him, as it is said [Jer. 34:5.] : You shall die in peace and like the burnings of your forefathers they will burn for you.
One may not see him when naked, nor when he is being barbered, nor when he is in his bath, because your eyes shall see the king in his beauty [Is. 33:17. The Babli, 22b, infers from the verse that a king has to get a haircut every day.] . Rebbi Ḥanina went to visit Rebbi Jehudah the Prince [Rebbi’s grandson.] . He came to meet him dressed in sail-cloth. He told him, go and wear your lagin [Greek ὀθονή “sail-cloth”.] , because of your eyes shall see the king in his beauty [Latin lacinia, ae, “edge, corner of garment, garment with fringes, ornament”, generally “garment” (E. G.). (In other occurrences the word לגין means “bottle”, Greek λάγυνος, λάγηνος.)] [The Patriarch, as member of the Davidic dynasty, should uphold the dignity of his family at all times.] . Rebbi Joḥanan went to visit Rebbi Jehudah the Prince. He came to meet him dressed in a linen gown. He told him, go and wear your woolen gown, because of the king in his beauty. When he left, he told him, bring [The meaning and etymology of this word is totally unknown. The commentators see a connection with the word טעם “taste”. It may have been a question about politics since the verse quoted is explained in Midrash Prov. as referring to good political advice. Menahem Ptolemy is only mentioned in Eccl. r. ad 5:10, in a discussion with R. Ḥanina, noting that good-looking food tastes better than undistinguished food, therefore it is possible to read the passage as an exhortation to the Patriarch to also show his status by his table.] עטעמה. He answered, send and get Menaḥem Ptolemy, for it is written: Graceful teaching is on her tongue [Pr. 31:26.] . Leaving, he saw Rebbi Ḥanina bar Sisi splitting wood. He told him, Rebbi, that is not fitting for you. He answered, what can I do? I have nobody to serve me. He retorted, if you have nobody to serve you, you should not have accepted ordination [An ordained rabbi should at all times uphold the dignity of the office. Similarly, the Babli (Qiddušin 70a) frowns upon an ordained rabbi engaged in bodily labor in public.] .
[A similar paragraph is in Gen. r. 80(1).] Yose from Maon interpreted [In the Talmudim, תרגם is only used for interpretation or translation of Scripture. One has to assume that Yose from Maon was reading Hos. 5 as Hafṭara to Gen. 34 in the Palestinian 3½ year cycle of Torah reading (cf. J. Mann, The Bible as Read and Preached in the Old Synagogue I, Cincinnati 1940). One also has to assume that the Aramaic translator of the Hafṭara had the freedom to expound upon the verses read, similar to what is described in the New Testament (Luke 4:17–20).] in the synagogue of Tiberias: Listen to this, you priests [Hos. 5:1.] , why do you not study Torah? Did I not give you 24 gifts [The 24 emoluments of priesthood; cf. Hallah 4:11 (Note 146) and the sources quoted there.] ? They told him, they do not give us anything. And hearken, House of Israel, why do you not give the 24 gifts which I commanded you at Sinai? They told him, the king [The Patriarch was responsible for collecting the taxes due from the Jewish population in Palestine; there is an intentional ambiguity whether king refers to the Roman Emperor or the Davidic Patriarch.] takes everything. Listen, king’s court, for yours are legal proceedings, for you I did say, these are the priests’ legal rights [Deut. 18:3.] ; in the future I shall sit in judgment over you, to stop them and to eliminate them from the world. Rebbi Jehudah the Prince heard this and became angry. He [Yose the Maonite.] was afraid and fled. Rebbi Joḥanan and Rebbi Simeon ben Laqish went to appease him. They told him, Rabbi, he is a great man. He [The Patriarch.] asked them, would it be possible that he [Yose the Maonite.] could answer any question which I would ask him? They told him, yes. He asked him: What is that which is written [Hos. 2:7.] : For their mother whored? Was our mother Sarah a whore? He answered, like daughter like mother [The text is confirmed by a Genizah fragment (M. Sokoloff, The Genizah Fragments of Bereshit Rabba, Jerusalem 1982, p. 167.) The reading in the printed editions of Gen. rabba הָכָא אָמְרֵי “here, they say” has to be rejected as lectio facilior.] , like mother like daughter, like generation like the prince, like the prince like the generation, like the altar like its priests. Cahana used to say [The text is confirmed by a Genizah fragment (M. Sokoloff, The Genizah Fragments of Bereshit Rabba, Jerusalem 1982, p. 167.) The reading in the printed editions of Gen. rabba הָכָא אָמְרֵי “here, they say” has to be rejected as lectio facilior.] , like the garden like its gardener. He told them, not only did he curse me once in my absence, but he cursed me three times in my presence! He asked him, what is that which is written [The Genizah fragment shows that instead of “like daughter like mother”, the text read כְּבַיִת כְּאוּמָּא “like dynasty like people, like generation like Prince” with the quote from the verse missing, a much more insulting formulation.] : Anybody wanting to formulate a simile about you will state as follows: like mother like daughter; was our mother Leah a prostitute since it is written [Ez. 16:44.] , Dinah went out? He told him, for it is written [Gen. 34:1, the starting verse for the sermon. In both Galilean and Babylonian Aramaic is the prostitute called נַפְקַת בָּרָא “the one who goes out.”] , Leah went out towards him. One identifies going out with going out.
Rebbi Ḥizqiah was walking on a road when he met a Samaritan who asked him, Rabbi, are you not the head of the Jews? He answered him, yes. He said to him, look what is written: You certainly shall put a king over yourself [Deut. 17:15.] . It does not say “I shall put”, but “you shall put”, you appoint him over yourself [For him the role of king and all appointed officers, including rabbis, is one of human convention, without religious meaning.] .