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[291] Shemos—Mishpatim 21:15–16 æèYåè:àë íéèôùîZúåîù 10 SHMOT Shemos—Mishpatim 21:22–23 âëYáë:àë íéèôùîZúåîù [298]
shall be put to death. ñ :³ÞÖôe− ³B¤ô when the husband demands compensation. í flÖMÌêÞÖíñÔ¼¤Ôa ·î−ÖñÖ¼³−¥ÌLÖ−þ·ÓLÎêÞÔk
16. Whoever steals [kidnaps] a man and sells him, B§þÖ×Ðôe L−«Ìêë·ÑòÒèÐî .ï¬ He shall pay as determined by the judges. :ó−ÞÌñÌñÐõÌaö£Ô³ÖòÐî

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA RASHI é"ùø AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA 23. However if there is a fatal injury, í¢Ó−ÐíÞÌ−öB£½Öê-óÌêÐî .è×
you shall give [up] a life for a life. :LÓõÞÖò³Ôì'ÔzLÓõ£Óòí'ÖzÔ³ÞÖòÐî
that one who wounds his fellow man BþÑëÎìÔañÑëBìÔíñÔ¼
is liable to pay for damages ö−ÌôeñÐLÔ³Ðë êeíÓL AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA RASHI é"ùø AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
but he is not to be put to death, ,íÖ³−ÌôÐëêGÐî
it was necessary to state þÔôBñ CÔþЮeí increasing her value due to her pregnancy. 174 175 :dÖòB−ÐþÓíñ−ÌëÐLÌaÖí−ÓôÖðÐa ³BñμÔíÐñ
that one who wounds his father î−ÌëÖêÐañÑëBìÔíñÔ¼ He is to be punished. .LÅðÈòÅé LBðÈò
is to be put to death. ,íÖ³−ÌôÐë êeíÓL They shall impose monetary compensation on him ,öBôÖôepÓnÌôeaÐèÌ−
But he is liable only êÖlÓêë−ÖiÔì Bò−ÑêÐî as in: “(eLÐòÖ¼Ðî) they shall impose upon him B³ÒêeLÐòÖ¼ÐîBôÐk
with a blow which causes a wound. 119 :íÖþeaÔìdÖaLÑiÓLíÖêÖkÔíÐë a payment of one hundred silver [shekels].” 176 177 :¹Ó½Ó×íÖêÑô
His father or his mother. .BnÄàÀå åéÄáÈà When the husband demands etc. .'åâå åéÈìÈòúéÄLÈéøÆLÂàÞÇk
[Meaning:] either one or the other. :íÓïBêíÓïBê [I.e.,] when the husband summons him ñÔ¼ÔaÔíepÓ¼ÖaгÌiÓLÐk
He shall be put to death— .úÞÈîeé úBî to the court [asking the court] ö−Ìc³−ÑëÐa
by strangulation. 120 :šÓòÓìÐa to place a penalty on him for this. :CÖkñÔ¼LÓòB¼ î−ÖñÖ¼³−ÌLÖíÐñ
[16] Whoever steals a man and sells him. .BøÈëÀîe LéÄàáÅðÉâÀå [æè] He shall pay. .ïÇúÈðÀå
Why is this said? 121 ?þÔôÍêÓòíÖnÖñ I.e., the one who struck [the one woman] íÓkÔnÔí
Since it is said: þÔôÍêÓpÓL−ÌõÐñ [shall pay] the value of the offspring. ³BðÖñÐî−ÑôÐc
“If a man be found to have stolen ëÑòBb L−ÌêêÑ®ÖnÌ−−Ìk As determined by the judges. .íéÞÄìÄìÀôÄa
a person from among his fellow—men [he shall die]” 122 ,î−ÖìÓêÑôLÓõÓò [ó−ÌñÌñÐtÌë means:] as determined by the judges. 178 :ó−Ìò−ÖiÔcÔí−ÌtñÔ¼
I would know only [that this applies to] êÖlÓê−Ìñö−Ñê [23] However if there is a fatal injury— .äÆéÀäÞÄ é ïBñÈà-íÄàÀå [âë]
a man who stole another person. ,LÓõÓòëÔòÖbÓLL−Ìê to the woman. :íÖMÌêÖa
But a woman, or one whose gender is indistinguishable, óe¬Ðôe¬ Bê íÖMÌê
You shall give [up] a life for a life. .LÆôÞÈðúÇçÇzLÆôÆðäÈzÇúÞÈðÀå
or a hermaphrodite [who stole], ½Bò−ÌèBþÐcÐòÔêBê
Our Sages have differing opinions regarding this matter. ,þÖëÖðÔaó−ÌšÐñBì eò−ѳBaÔþ
how would we know [that this law applies]? ?öÌ−ÔpÌôeëÐòÖbÓL
Some say [that it means] literally, a life. 179 ,LÖnÔôLÓõÓòó−ÌþÐôBê LÑ−
Therefore the Torah says: þÔôBñ ðeôÐñÔz
Others, however, say [that it means] ó−ÌþÐôBê LÑ−Ðî
“Whoever steals a person and sells him.” 123 .BþÖ×Ðôe L−ÌêëÑòÒèÐî
monetary compensation ,öBôÖô
And since it is stated here: ,öêÖkþÔôÍêÓpÓL−ÌõÐñe
but not, literally, a life, ,LÖnÔôLÓõÓòêGñÖëÎê
“Whoever steals a man,” ,L−ÌêëÑòÒèÐî
for one who intends to kill one person íÓï³Óê èBþÎíÔñöîÑîÔkгÌnÔíÓL
I might think that [this applies] −Ìñö−Ñê
and killed another, is exempt from the death penalty. ,íÖ³−ÌnÌô þe¬ÖtíÓï³ÓêèÔþÖíÐî
only if he steals a man. ,L−ÌêëÑòBè êÖlÓê
He must compensate the heirs î−ÖLÐþB−ÐñóÑlÔLÐôe
How would I know if he steals a woman? ?öÌ−ÔpÌôíÖMÌêëÑòBb
with his (the victim’s) worth î−ÖôÖc
Therefore the Torah says: þÔôBñ ðeôÐñÔz
as if he were someone sold in the marketplace. 180 :šeMÔaþÖkÐôÌòíÖ−ÖíÓLBôÐk
“If he steals a person.” .LÓõÓòëÑòÒb
174 Hence he must pay the difference between her value as a pregnant slave and as one who is not pregnant.
119 There is controversy among the Rishonim and Acharonim whether or not this wound must draw blood or if a 175 Bava Kamma 49a. 176 Devarim 22, 19. 177 Mechilta. 178 Mechilta. 179 I.e., the one who struck the woman
bruise is sufficient to make him liable. See Shaarei Aharon. 120 Mechilta. See Rashi next verse ³îô í"ð. 121 It is and killed her, though inadvertently, is liable to the death penalty, for that blow was intended to kill someone, albeit
already discussed in great detail in Devarim 24, 7! 122 Devarim 24, 7. 123 But now what is added by the verse in another person. This opinion follows the rule: ë−ÖiÔìíÓï³ÓêèÔþÖíÐîíÓï³Óê èBþÎíÔñöîÑeÔkгÌò—“ If he intended to kill this person and
Devarim? killed another he is liable to the death penalty.” 180 Mechilta; Sanhedrin 79a.