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[303] Shemos—Mishpatim 21:28–29 èëYçë:àë íéèôùîZúåîù #26015-EYAL - 26015-SHMOT-EYAL | 10 - A | 18-07-18 | 09:55:45 | SR:-- | Yellow 26015-EYAL - 26015-SHMOT-EYAL | 10 - A | 18-07-18 | 09:55:45 | SR:-- | Magenta 26015-EYAL - 26015-SHMOT-EYAL | 10 - A | 18-07-18 | 09:55:45 | SR:-- | Cyan 26015-EYAL - 26015-SHMOT-EYAL | 10 - A | 1
Shemos—Mishpatim 21:12 áé:àë íéèôùîZúåîù

The owner of the ox shall go unpunished. :− ÞÌšÖòþB £MÔíñÔ¼'Ôëe 12. If one strikes a man and he [the victim] dies, ³£ÑôÖîL−§Ìêí'ÑkÔô .ë−
29. But if the ox had gored êe•íì·ÖbÔò »þBL ó”ÌêÐî .¬×
yesterday and the day before, óÒ †LÐñÌLñÒ¤ôÐzÌô AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA RASHI é"ùø AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
and a warning was given to its owner, ·î−ÖñÖ¼ÐëÌað¥Ô¼eíÐî Therefore they are both said óÓí−ÑòÐLeþÐôÍêÓòCÖ×Ðñ
but he had not taken proper precautions to guard it, ep flÓþÐôÐLÌ−ê¤GÐî so as not to give an opening íÓt öBìгÌtöÑz−ÌñêHÓL
and kills a man or a woman, í¢ÖMÌêB¤êL−£Ìê³−'ÌôÑíÐî to one who may want to oppose [the said conclusion] ö−ÌcÔíñÔ¼ÔëÐñ
to dispute it. 81 :šBñÎìÔñ SHMOT
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA RASHI é"ùø AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA [12] If one strikes a man and he [the victim] dies. .úÅîÈåLéÄàäÅkÇî [áé]
Many verses were written 82 ó−Ìëe³Ð×íÖnÔk
which is to be understood as when a man says to another: ,BþÑëÎìÔñþÑôBêÖíóÖðÖêÐk in the sections concerning murderers ,ö−ÌìЮBþ ³ÔLÖþÖõÐaeþÐôÍêÓò
“So and so has (−ÌšÖòêÖ®Ö−) been cleaned out −ÌšÖò−ÌòBñÐõêÖ®Ö− and whatever is in my ability to explain LÑþÖõÐñ−ÌðÖ−ÐaÓMíÔôe
of his properties 208 î−Ö½Ö×ÐpÌô as to why they were stated, I shall explain. :LÑþÖõÎê ,óÖle× eêÖëíÖnÖñ
and has no benefit from them whatever.” ,óeñÐkñÓLíÖêÖòÎíóÓíÖëBñö−ÑêÐî If one strikes a man and he dies. .úÅîÈåLéÄàäÅkÇî
That is its midrashic explanation (i.e., of −ÌšÖò þBMÔíñÔ¼Ôëe). .BLÖþÐðÌôeíÓï Why was said? 83 ?þÔôÍêÓòíÖnÖñ
But its plain meaning is as it implies: ,B¼ÖôÐLÔôÐ× B¬eLÐõe Since it is said: þÔôÍêÓpÓL−ÌõÐñ
Since regarding a ðÖ¼eô 209 it is stated: ,ðÖ¼enÔaþÔôÍêÓpÓL−ÌõÐñ “If a man should strike any human being óÖðÖêLÓõÓòñÖkíÓkÔ−−ÌkL−ÌêÐî
“and the owner shall also die,” 210 ,³Öôe− î−ÖñÖ¼ÐaóÔèÐî he shall be put to death,” 84 ,³Öôe− ³Bô
it was necessary to state, regarding a óÔz, 211 ,óÖzÔaþÔôBñ CÔþЮeí I might conclude [from this:] −ÌòÎêÔ¼ÑôBL
“And the owner of the ox shall go unpunished.” :−ÌšÖò þBMÔíñÔ¼Ôëe [even if it is] a blow which does not cause death. 85 ,íÖ³−ÌôêGÐëíÖêÖkÔí
[29] Yesterday and the day before— .íÉLÀìÄLìÉîÀzÄî [èë] Therefore the Torah says [here]: þÔôBñ ðeôÐñÔz
making it a total of three gorings. 212 213 :³Bì−ÌèÐòLñÖL−ÑþÎí “If one strikes a man and he dies” Z³ÑôÖîL−ÌêíÑkÔô
[thereby clarifying that] he is not liable ë−ÖiÔì Bò−Ñê
And a warning was given to its owner. .åéÈìÈòÀáÄaãÇòeäÀå
unless he struck a blow which caused death. 86 .íÖ³−ÌôñÓLíÖêÖkÔíÐëêÖlÓê
[ðÔ¼eíÐî is] a term denoting a warning given before witnesses ,ó−ÌðѼÐëíÖêÖþгÔí öBLÐñ
as in: “The man has (ð̼ÑíðѼÖí) warned us.” 214 :L−ÌêÖíeòÖað̼ÑíðѼÖíBôÐk If [only] ¾−ÌêíÑkÔô—“If one strikes a man” was said, L−Ì êíÑkÔôþÔôÍêÓòóÌêÐî 10
and íÓkÔ−−ÌkL−ÌêÐî—“If a man should strike” was not said, ,íÓkÔ−−ÌkL−ÌêÐîþÔôÍêÓòêGÐî
And it kills a man, etc. 215 .'åâå LéÄàúéÄîÅäÀå
I would have concluded þÑôBê −̳−Ì−Öí
Since it has been stated [in the previous verse]: þÔôÍêÓpÓL−ÌõÐñ
that he is not liable unless he strikes an adult man; ,L−ÌêíÓkÔiÓLðÔ¼ë−ÖiÔì Bò−Ñê
“If [an ox] will gore” ,ìÔbÌ−−Ìk
but were he to strike a woman or a minor öÖ¬ÖwÔí³ÓêÐîíÖMÌêÖí³ÓêíÖkÌí
I could only know [that this law applies] êÖlÓê−Ìñö−Ñê
how would we know [that he is liable]? ?öÌ−ÔpÌô
when it killed him through goring. ,íÖì−ÌèÐòÌë B³−ÌôÍíÓL
Therefore the Torah says: þÔôBñ ðeôÐñÔz
Were it to kill him with biting, shoving, and kicking, íÖ¬−̼Ðëe íÖõ−ÌìÐðíÖ×−ÌLÐòÌë B³−ÌôÍí
“If he should strike any human being”— ZóÖðÖêLÓõÓòñÖkíÓkÔ−−Ìk
how would I then know it? ?öÌ−ÔpÌô
even a minor, even a woman. 87 ;íÖMÌê el−ÌõÎêÔîöÖ¬Öš el−ÌõÎê
Therefore the Torah states: þÔôBñ ðeôÐñÔz
Furthermore, had it said [only] L−ÌêíÑkÔô ,L−ÌêíÑkÔôþÔôÍêÓò el−Ìê ,ðB¼Ðî
I would have concluded that −ÌòÎêÔ¼ÑôBL
208 I.e., he has gone bankrupt. 209 An ox that has gored three consecutive times, whereby the owner in obligated
to exercise greater care. 210 Below, v. 40. 211 An animal who has previously not been destructive i.e., it has 81 Mechilta; Kiddushin 4a. 82 With some seemingly redundant. (B.Y.) 83 I.e., there are other verses in the Torah
gored less than three times. 212 I.e., the two gorings prior to today’s plus today’s goring (S.C.). This renders the that indicate that a murderer is punishable by death! 84 Vayikra 24, 17. 85 For this verse does not tell us that the
ox a ðÖ¼eô and the next (fourth) time he gores he shall be liable for full damages, etc. 213 Mechilta; Bava Kamma victim died. 86 Mechilta. 87 Ibid. The commentaries offer various explanations as to how we could contemplate
23b. 214 Bereishis 43, 3 See Rashi ibid. 215 This is seemingly redundant for in the previous verse it has already the possibility that the murder of a woman or a minor might not be punishable by death. See Moshav Zekenim,
been stated: “If an ox will gore a man or woman and the victim dies”! (M.; see B.Y.) Riva, Mizrachi, etc. (R.M.)

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