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[287] Shemos—Mishpatim 21:12–13 âéYáé:àë íéèôùîZúåîù # Shemos—Mishpatim 21:27–28 çëYæë:àë íéèôùîZúåîù 26015-EYAL - 26015-SHMOT-EYAL | 10 - A | 18-07-18 | 09:55:45 | SR:-- | Black 26015-EYAL - 26015-SHMOT-EYAL | 10 - A | 18-07-18 | 09:55:45 | SR:-- | Magenta 26015-EYAL - 26015-

he shall be put to death. :³ÞÖôe− ³B 'ô 27. If [he knocks out] the tooth of his slave, B§cÐëÔ¼ö'ÑL-óÌêÐî .ï×
13. But if he did not lie in wait [to ambush him] í flÖðÖ®ê¤G ·þÓLÎêÞÔî .è− or knocks out the tooth of his female slave, ñ−¢ÌtÔ−B£³ÖôÎêö'ÑL-Bê
he shall set him [the slave] free ep£ÓìÐlÔLÐ−−'ÌLÐõÖìÞÔñ
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA RASHI é"ùø AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA as compensation for the tooth. ô :BÞpÌL³Ôì'Ôz
28. If an ox gores a man or woman í£ÖMÌê-³ÓêB'êL−§Ìê-³ÓêþB 'Lì·ÔbÌ−-−ÞÌ×Ðî .ì×
even were a minor to strike a blow and kill èÔþÖíÐîíÖkÌíÓLöÖ¬Öš el−ÌõÎê
and the victim dies, ³¢ÑôÖî
he would be liable. 88 ,ë−ÖiÔìêÑíÐ−
Therefore the Torah says: þÔôBñ ðeôÐñÔz the ox shall be stoned [to death], þB †MÔíñ•ÑšÖqÌ−ñB·šÖ½
“If a man should 89 strike a blow,” ,íÓkÔ−−ÌkL−ÌêÐî and its flesh may not be eaten. B flþÖNÐa-³Óê·ñÑ×ÖêÞÑ−ê¥GÐî
but not a minor who struck a blow. 90 ;íÖkÌíÓLöÖ¬ÖšêGÐî
Furthermore, [had it said only:] ,ðB¼Ðî AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA RASHI é"ùø AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
“If he should strike any human being” ,óÖðÖêLÓõÓòñÖkíÓkÔ−−Ìk
even the prematurely born would be included. ,¼ÖôÐLÔnÔa ó−ÌñÖõÐò el−ÌõÎê whereas “the tooth” was not created together with him. 202 ;Bn̼êÖþÐëÌòêGöÑL−ÑþÎíÔî
The Torah therefore says: þÔôBñ ðeôÐñÔz Had “the tooth” been mentioned öÑLþÔôÍêÓòóÌêÐî
“If one strikes a man.” ,L−ÌêíÑkÔô and “the eye” not been mentioned, ,öÌ−Ô¼þÔôÍêÓòêGÐî
indicating that he is not liable ë−ÖiÔì Bò−Ñê I would have said [that this law also includes] þÑôBê −̳−Ì−Öí
unless he kills a viable person êÖô−ÖiÔšöÓaíÓkÔiÓLðÔ¼ even a “baby-tooth,” though it replaces itself. ,ö−Ìõ−ÌñÎìdÖñLÑiÓL šBò−ÌzöÑL el−ÌõÎê
who is fit to be “a man.” 91 :L−Ìê ³B−ÐíÌñ −eêÖþÖí Therefore “the eye” is mentioned. 203 204 :öÌ−Ô¼þÔôÍêÓòCÖ×Ðñ
[13] But if he did not lie in wait. .äÈãÈöàGøÆLÂàÇå [âé] [28] If an ox gores. .øBL çÇbÄé-éÄëÀå [çë]
[I.e.,] he did not wait for him in ambush Bñ ëÔþÖêêG Whether it be an ox or any animal, beast or bird. ,¹B¼ÖîíÖiÔìÐîíÖôÑíÐañÖkðÖìÓêÐî þBL ðÖìÓê
and he had no intent [to kill him]. 92 93 :öîÑeÔkгÌòêGÐî But the Torah speaks of what is common. 205 :íÓîBíÐa ëe³ÖkÔíþÑa−ÌcÓLêÖlÓê
Lie in wait. .äÈãÈö And its flesh may not be eaten. .BøÈNÀa-úÆàìÅëÈàÞÅéàGÀå
íÖðÖ® “means to lie in ambush.” ,ëÔþÖê öBLÐñ From that which is implied by what is said: þÔôÍêÓpÓL¼ÖôÐLÔnÌô
Similarly it states: ,þÑôBê êeí öÑ×Ðî “The ox shall be stoned” ,þBMÔíñÑšÖqÌ− ñBšÖ½
“You (íÓðÒ®) lie in ambush for my soul, to take it.” 94 ;dÖzÐìÔšÐñ−ÌLÐõÔò³ÓêíÓðÒ®íÖzÔêÐî would I not myself know that it is neveilah 206 ,íÖñÑëÐò êeíÓLÔ¼ÑðB− −Ìò−Ñê
It is impossible to say þÔôBñ öÑ×ÖzÌ−êGÐî and the eating of neveilah is prohibited? ?íÖñ−Ì×ÎêÔëíÖþe½ÎêíÖñÑëÐòe
that íÖðÖ® is derived from ðÌ−Ô®ðÖvÔí— ,ðÌ−Ô®ðÖvÔí öBLÐñíÖðÖ® But then why does the Torah state [here] þÔôBñ ðeôÐñÔzíÔôêÖlÓê
[“the one that has hunted game”], 95 “and its flesh may not be eaten?” ?BþÖNÐa³ÓêñÑ×ÖêÑ−êGÐî
for the [verb for] “hunting” of animals ³BiÔì³Ôð−ÑvÓL [To teach] that even were he to ritually slaughter it B¬ÖìÐL el−ÌõÎêÓL
does not take the letter hey in its verb, 96 ,dÖlÓLñÔ¼BtÔaê"ÑíñÑõBò ö−Ñê after the sentence has been set by the court, 207 Bò−ÌcþÔôÐèÌpÓLþÔìÔêÐñ
and the noun [for hunting] is ðÌ−Ô® ,ðÌ−Ô®dÖaþÖëÖcóÑLÐî nevertheless, its eating is prohibited. ;íÖñ−Ì×Î êÔa þe½Öê
whereas the other one’s noun is íÖiÌðЮ (lying in wait) ,íÖiÌðЮBaþÖëÖcóÑLíÓïÐî From where do we derive that all benefit [is prohibited ?öÌ−ÔpÌôíÖêÖòÎíÔa
as well]? The Torah states: þÔôBñ ðeôÐñÔz
“The owner of the ox shall be −ÌšÖò (lit. clean),” ,−ÌšÖò þBMÔíñÔ¼Ôëe
88 For in the verse L−ÌêíÑkÔô it does not specify who the murderer is. 89 L−Ìê always indicates an adult man. 90 The
commentaries wonder why it is necessary to stipulate that a minor, who is never held liable for any transgressions
that he might commit, is liable for murder. Rabbeinu Ovadiah mi’Bertinoro suggests that the crime of murder, being 202 I.e., the tooth first appears sometime after the person’s birth. I could therefore conclude that the master’s severing
so vile, evil and vicious, might warrant that even a minor be held responsible. See also Mizrachi. 91 Mechilta. the tip of any limb with this characteristic (of the tooth) would not go free. To avoid this misconception, the
92 I.e., intent to kill alone is sufficient to warrant the death penalty. It is not necessary that the murderer actually lie Torah had to specifically list “the tooth.” 203 To indicate that “the tooth” must have the same characteristic as
in ambush for the victim. (D. D.) 93 Sifre Bamidbar 35, 22. 94 I Shmuel 24, 1. 95 Bereishis 27, 33. And þÓLÎêÔî “the eye,” viz., it does not replace itself. 204 Kiddushin 24a, 25a. 205 Mechilta; Bava Kamma 54b. 206 Neveilah
íÖðÖ®êG would then take the meaning: “If he did not pursue him in order to capture him.” 96 And it would then (íÖñ−ÑëÐò)=an animal that died without shechitah—ritual slaughter. 207 I.e., he failed to carry out the court’s sentence
have said ðÖ®êGþÓLÎêÔî—without the letter hey at the end of ðÖ®. 26015-EYAL - 26015-SHMOT-EYAL | 10 - A | 18-07-18 | 09:55:45 | SR:-- | Cyan 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:-- | Black #2601

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