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Shemos—Mishpatim 21:21–22 áëYàë:àë íéèôùîZúåîù
Shemos—Mishpatim 21:16–17 æéYæè:àë íéèôùîZúåîù
[his death] is not avenged, ó flÔwŠ−ê¤G if he is found in his hand, he shall be put to death. ñ :³ÞÖôe− ³B 'ôB£ðÖ−Ðëê'Ö®ÐôÌòÐî
for he [the slave] is his [master’s] property. ô :êe ÞíB£tнÔ×−'Ìk 17. Whoever curses his father or his mother B £nÌêÐîî−§ÌëÖêñ'ÑlÔšÐôe .ï−
22. If men will fight ó− †ÌLÖòÎêe¤®ÖpÌ−-−ÞÌ×Ðî .ë×
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA RASHI é"ùø AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
and they strike a pregnant woman, ·íÖþÖíí¥ÖMÌêe•õÐèÖ·òÐî
causing her to miscarry, Öí− flÓðÖñÐ−e¤êЮÞÖ−Ðî It is for this reason that both [verses] are necessary, ,óÓí−ÑòÐLe×ÐþЮeí CÖ×Ðñ
but there is no fatal injury [to the woman], öB¢½Öêí£Ó−ÐíÞÌ−êÕ'ñÐî what one omits the other reveals. 124 :íÓïíÖl−ÌbíÓïþÑq−ÌìÓLíÔô
he [the guilty one] is to be punished LB¤òÖ¼ If he is found in his hand. 125 .BãÈéÀáàÈöÀîÄðÀå
[Meaning:] that witnesses saw him ó−ÌðѼ eíeêÖþÓL
with a [monetary] penalty L†ÑòÖ¼ÞÑ−
stealing him and selling him ,BþÖ×Ðôe BëÖòÐbÓL
and he was already in his (the thief’s) possession BðÖ−ÐaþÖëÐ×êÖ®ÐôÌòÐî
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA RASHI é"ùø AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA before he sold him. 126 :íÖþ−Ì×ÐôóÓðBš
He shall be put to death— .úÞÈîeé úBî
[The death] is not avenged for he is his property. .àe ÞäBtÀñÇëéÄkíÇwËéàG
by strangulation. ;šÓòÓìÐa
But if another person 166 would strike him, ,eíÖkÌíÓLþÑìÔêêÖí
Wherever the Torah mentions an unspecified death ,óֳнíÖþBzÔaíÖþeôÎêÖííÖ³−ÌôñÖk
then even were he to linger for 24 hours ³Ñ¼Ðñ³Ñ¼ÑôíÖíÖMÓL−ÌtñÔ¼¹Ôê
it refers to strangulation. 127 ê−ÌíšÓòÓì
before dying, ,³ÑnÓLóÓðBš
(It [the Torah] interrupted the context and wrote: ëÔ³Ö×ÐîöÖ−Ðò̼Öíš−̽ÐõÌíÐî)
he (the one who struck the slave) would be liable. 167 :ë−ÖiÔì
“Whoever steals a man” "L−ÌêëÑòÒèÐî,,
[22] If men will fight— .íéÄLÈðÂàeöÈpÄé-éÞÄëÀå [áë] between “Whoever strikes his father or mother” "BnÌêÐîî−ÌëÖêíÑkÔô,, ö−Ña
with one another, 168 ,íÓïó̼íÓï and “Whoever curses his father or mother.” 128 ,"î−ÌëÖêñÑlÔ šÐô"Ìñ
and one intended to strike the other BþÑëÎì³Óê ³BkÔíÐñöîÑeÔkгÌòÐî It seems to me that this is the basis for the dispute ,êÖzÐèeñÐõ eò−Ð−Ôí−ÌñíÓêÐþÌòÐî
and [inadvertently] struck the woman. 169 :íÖMÌêÖí³ÓêíÖkÌíÐî [between the Sages], 129 where one maintains þÔëÖ½þÔôÐc
And they strike. .eôÀâÈðÀå that we compare striking to cursing íÖñÖñКÌñíÖêÖkÔíöÖò−ÌLКÔô
íÖõ−ÌèÐò always has the meaning of “shoving” and “striking,” ,íÖêÖkÔíÐîíÖõ−ÌìÐc öBLÐñêÖlÓêíÖõ−ÌèÐòö−Ñê and the other holds that we do not compare them 130 131 ) (:öÖò−ÌLКÔôêÖñþÔëÖ½þÔôe
as in: “Lest you strike your foot against a rock,” 170 ,EÓñÐèÔþöÓëÓêÖa ¹BbÌzöÓtBôÐk [17] Whoever curses his father or his mother. .úÞÈîeé úBî BnÄàÀå åéÄáÈàìÅlÇ÷Àîe [æé]
[or:] “before your feet are struck,” 171 ,óÓ×−ÑñÐèÔþeõÐbÔòгÌ−óÓþÓ¬Ðëe Why is this said? ?þÔôÍêÓòíÖnÖñ
[or:] “For a stone for striking.” 172 :¹ÓèÓòöÓëÓêÐñe Since it states: ,þÑôBê êeíÓL−ÌõÐñ
but there is no fatal injury— .ïBñÈàäÆéÀäÞÄéàGÀå “If a man curses his father” 132 ,î−ÌëÖê³ÓêñÑlÔšÐ−þÓLÎêL−ÌêL−Ìê
to the woman. :íÖMÌêÖa I might think that only a man L−ÌêêÖlÓê−Ìñö−Ñê
He is to be punished— .LÅðÈòÞÅé LBðÈò who cursed his father [is liable]. ,î−ÌëÖê³ÓêñÑlÌwÓL
by paying for the value of the offspring ³BðÖñÐî−ÑôÐcóÑlÔLÐñ But if a woman cursed her father, Ö í−ÌëÖê³ÓêíÖñÐlÌwÓLíÖMÌê
to the husband. 173 ;ñÔ¼ÔaÔñ how would we know [that she is liable]? ?öÌ−ÔpÌô
[How is their value determined?] The Torah therefore says: þÔôBñ ðeôÐñÔz
we evaluate what her price would be íÖ−eêÐþíÖ³Ð−ÖííÖnÔkdÖ³Bê ö−ÌôÖL “Whoever curses his father or mother,” BnÌêÐîî−ÌëÖêñÑlÔšÐôe
if she were sold in the market place [as a slave], šeMÔaþÑ×Ön−Ìñ
124 Mechilta; Sanhedrin 85b. 125 If he sold the victim then how could he be found in his hand?! 126 Whereas
if he sells the victim before actually taking possession of him he is not liable. Hence the witnesses must also testify
166 Who is not the slave’s master. 167 Mechilta. 168 I.e., this should not be misconstrued as meaning that they that the kidnapper had the victim in his possession prior to selling him. (M., B.Y.) 127 Mechilta; Sanhedrin 84b.
intend to fight against the woman. Rather, we are dealing with the case where a person, aiming to kill one 128 And it would be expected that the laws of transgressing against one’s parents immediately follow one another!
person, inadvertently kills another. (Mechilta) 169 Sanhedrin 79a. 170 Tehillim 91, 12. 171 Yirmiyahu 3, 16. 129 Whether striking one’s parents after their death is punishable by death as in the case when cursing them.
172 Yeshaiyahu 8, 14. 173 But there is no death penalty for the killing of the fetus. 130 Since the Torah interrupts between the two. 131 Sanhedrin 85b. 132 Vayikra 20, 9.