On today’s daf, the rabbis take a detour from their discussion of the cities of refuge to discuss a different kind of social isolation: ostracism.
Rav Yehuda says that Rav says: Ostracism that was declared conditionally requires nullification (even if the condition has not been filled). From where do we derive this? It is derived from Judah, as it is written: “If I do not bring him to you … I would have sinned before you for all days.” (Genesis 43:9)
Ostracism (nidui) is a temporary state of social isolation and public disgrace that must be formally lifted. In fact, we learned back in Berakhot 19a that if it is not lifted before death, the coffin of the ostracized person is stoned.
On today’s daf, Rav states that even if the original conditions for ostracism are not met, the ostracized person still must be released through nullification in order to return to ordinary life. He draws on a biblical example: When Jacob’s sons begged their father to let them take Benjamin with them to Egypt, Judah promised that he would personally return Benjamin safely to his father. Rav reads this verse as Judah declaring that he agrees to be ostracized if Benjamin isn’t returned safely. And even though Benjamin was ultimately safely reunited with Jacob, Rav says that Judah’s declaration still required formal nullification in order to be neutralized. Since it wasn’t, Judah died in a state of ostracism. How do we know?
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And Rabbi Shmuel bar Nahmani says that Rabbi Yonatan says: What is the meaning of that which is written: “Let Reuben live and not die” (Deuteronomy 33:6) “And this for Judah” (Deuteronomy 33:7)? Throughout those 40 years that they were in the wilderness, Judah’s bones were rattling in the coffin, until Moses stood and entreated God to have mercy upon him.
Rabbi Yonatan explains that when the Israelites took the coffins of Jacob and all his sons out of Egypt with them, even then, in death, Judah was not fully integrated into the community. For this reason, his bones rattled disturbingly in their coffin. Forty years later, when Moses blessed the 12 tribes before his death, he started with Reuben, the eldest, and then jumped straight to Judah, Jacob’s fourth child. He didn’t address Simeon and Levi until later, even though they were born before Judah. Moses did this because he was about to intercede with God on Judah’s behalf — to bring an end to his long ostracism. According to Rabbi Yonatan, after signalling intent with the reordered blessings, Moses then personally asked God to remove the conditional vow by arguing for Judah’s righteousness.
Moses said before Him: Master of the Universe, who caused Reuben to confess his sin with Bilhah? It was Judah. “And this is for Judah … hear God, the voice of Judah.” (Deuteronomy 33:7)
Confession is a key component of repentance. According to Moses, seeing his brother Judah admit to his sin with his daughter-in-law Tamar (Genesis 38:26) gave Reuben the courage to admit to his own sin with Bilhah, his father’s enslaved concubine (Genesis 35:22). This is why he was worthy of having the ban of ostracism lifted.
At this point, the Talmud switches from telling the story in Hebrew to Aramaic, which suggests that a different — and probably later — storyteller has added to the text, continuing to interpret the words of Moses from Deuteronomy.
His limbs entered their place. But they would not allow him to enter the heavenly academy. Moses continued: “And bring him to his people.” (Deuteronomy 33:7) He did not know how to engage in the give-and-take of halakhah with the sages. Moses continued: “His hands shall contend for him.” (ibid.) He did not know how to resolve any difficulty. “And You shall be a help against his adversaries.” (ibid.)
This storyteller concludes the first scene by insisting that Judah’s bones were finally quieted. But that was only the first step of a longer process of integration. After all, what is the point of having one’s conditional vow of ostracism annulled, if one can’t learn Torah in the heavenly academy? This later storyteller reads Moses as intervening so that Judah can be welcomed in the yeshiva on high, and his wits sharpened so that he can engage fully in the give and take so characteristic of rabbinic learning.
While we started out with a discussion of how to annul conditional vows of ostracism, the Talmud has taken us on a fascinating detour, enriching and deepening the Torah’s complex story about Judah and his brothers, and ultimately placing them together at the table in the heavenly house of study.
Read all of Makkot 11 on Sefaria.
This piece originally appeared in a My Jewish Learning Daf Yomi email newsletter sent on April 15, 2025. If you are interested in receiving the newsletter, sign up here.
