Pisqa’ 59¹

1

“These are the laws” (Dt.12:1)—

rules derived from scriptural hermeneutics (midrashot).

“And the rulings” (Dt.12:1)—

the civil judgments (dinim).
“Which you are to preserve” (Dt.12:1)—

the oral-performative tradition (mishnah)

“By performing” (Dt.12:1)—

the deeds that theTorah requires (ma`aseh).²

“In the Land” (Dt.12:1)—

is it possible to say that

all the commandments in their entirety

are observed even beyond the Land?

[To preclude this conclusion,]

the Teaching states:

“By performing in the Land” (Dt.12:1)—

Well, then, is it possible to say that

all the commandments in their entirety

are observed only in the Land?

The Teaching states:

“All the days in which you live on the soil” (Dt.12:1)—

after speaking inclusively,

the verse limits its own application,³

[so that some commandments

are performed on any “soil.”]

2

Look—we learn as much from

what is said in the same context!

What is said in the same context?

“You must utterly destroy all the places” (Dt.12:2)—

just as the prohibition against

serving a foreign cult is unique—

as a commandment involving the body

that does not depend upon being in the Land,

yet which is practiced both in the Land and beyond the Land—

similarly, all commandments involving the body,

that do not depend upon [that body] being in the Land,

are practiced both in the Land and beyond the Land.

And those that depend upon being in the Land,

are practiced only in the Land—

except for prohibitions against

consecrated fruit (Lv.19:23) and mixed species (Lv.19:19)

[which are observed both in and beyond the Land].

R. Eliezer says:

also, the prohibition of the new grain harvest (Lv.23:11-14)

[until the Barley-Sheaf offering is made

on the second day of Passover]⁴

1. H:114-115; JN1:185-186.
2. See Pisqa’ 58.1.
3. This hermeneutical observation is not uncommon in SD, appearing as well at Pisqa’ot 77.3, 221.2, 249
4. //M. Qid.1:9. The identical passage is cited at Pisqa’ 44.1 ad Dt.11:18. See the annotations there.