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[293] Shemos—Mishpatim 21:17–18 çéYæé:àë íéèôùîZúåîù # Shemos—Mishpatim 21:20–21 àëYë:àë íéèôùîZúåîù 26015-EYAL - 26015-SHMOT-EYAL | 10 - B | 18-07-18 | 09:55:45 | SR:-- | Magenta 26015-EYAL - 26015-SHMOT-EYAL | 10 - B | 18-07-18 | 09:55:45 | SR:-- | Cyan 26015-EYAL - 26015-SH

shall be put to death. ñ :³ÞÖôe− ³B 'ô and [the slave] dies under his hand, B¢ðÖ−³Ôì¤Ôz³£Ñôe
18. When men quarrel ó− flÌLÖòÎêö¤Šë−ÌþÐ−-−ÞÌ×Ðî .ì− [the death] must be avenged. :ó ÞÑšÖpÌ−óÒ£šÖò
and one man hits his fellow eí flѼÑþ-³Óê ·L−Ìê-íÖkÌíÐî 21. However if he [the slave] survives for a day or two, ð¢ÒôμÞÔ−óÌ−£ÔôB− B'êóB§−-óÌêC'Ôê .ê×
with a stone or with [his] fist; ¹¢ÒþÐèÓêÐëB¤êöÓë£ÓêÐa
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA RASHI é"ùø AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
andhe[thevictim]doesnotdiebutbecomesbedridden, :ëÞÖkÐLÌôÐññ'ÔõÖòÐî³e £ôÖ−êÕ'ñÐî
concerning a Yisraelite [victim]: ,ñÑêÖþÐNÌ−Ða
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA RASHI é"ùø AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA “And if with a stone in his hand, ðÔ−öÓëÓêÐaóÌêÐî
whereby he would die, did he strike him.” 156 ,eíÖkÌídÖa ³eôÖ−þÓLÎê
generalizing so as to include both man and woman. ,íÖMÌêö−Ñëe L−Ìêö−Ña,óֳн
Now in this matter does it not follow a fortiori. ,þÓôBìÖîñÔšó−ÌþÖëÐcêGÎíÔî
If so then why is it necessary to state: þÔôÍêÓòíÖnÖñöÑkóÌê
Just as [when the victim is] a Yisraelite ñÑêÖþÐNÌ−íÔô
“If a man curses?” ?ñÑlÔšÐ−þÓLÎêL−Ìê 157
[whose murder is] more stringent, ,þeôÖì
It is to exclude a minor [from liability]. 133 :öÖ¬ÖwÔí³Óêê−Ì®BíÐñ
and he (the murderer) is not liable [to be put to death] î−ÖñÖ¼ë−ÖiÔìö−Ñê
He shall be put to death— .úÞÈneé úBî unless he struck him with something þÖëÖðÐëeíÖkÌíöÑkóÌêêÖlÓê
by stoning. 134 ;íÖñ−̚нÌa that is capable of causing death, ³−ÌôÖíÐñBaLÑiÓL
Wherever it is said: “His blood is upon him” "Ba î−ÖôÖð,, þÔôÍêÓpÓL óBšÖôñÖ×Ðî and upon a limb which is capable of causing death ³eôÖñ−ÑðÐ× êeíÓLþÓëÑêñÔ¼Ðî
[then the death penalty] is stoning. ,íÖñ−̚нÌa with this sort of a blow, ,Bï íÖêÖkÔíÐa
The original verse [from which we know this to be] ëÖêöÔ−ÐòÌëe then regarding [a victim who is] a slave, ðÓëÓ¼
in all cases 135 ,óÖle×Ðñ whose killing is more lenient, 158 ñÔwÔí
[is:] “They shall be stoned with rocks, óÖ³ÒêeôÐbÐþÌ−öÓëÓêÖa it follows even more so. 159 160 :öÑkÓLñÖ×êG
their blood is upon them,” 136 ,óÖaóÓí−ÑôÐc
[The death] must be avenged. .íÞÅ÷ÈpÄéíÉ÷Èð
and regarding one who curses his father or mother BnÌêÐîî−ÌëÖêñÑlÔšÐôÌëe
Through death by the sword, ,¹−Ì−Ô½³Ô³−Ìô
it states: “His blood is upon him” 137 138 :"Ba î−ÖôÖc,, þÔôÍêÓò
for the Torah similarly states: 161 “a sword that avenges ³ÓôÓšÒòëÓþÓ ì,þÑôBê êeí öÑ×Ðî
[18] When men quarrel. .íéÄLÈðÂàïËáéÄøÀé-éÞÄëÀ å [çé] the vengeance of the covenant.” 162 163 :³−ÌþÐaóÔšÐò
Why is this said? 139 ?þÔôÍêÓòíÖnÖñ
[21] However, if he survives for a day or two ãÉîÂòÇéíÄéÇîBé Bà íBé-íÄàCÇà [àë]
From that which is said: “An eye for an eye” 140 ,"öÌ−Ô¼³ÔìÔzöÌ−Ô¼,, þÔôÍêÓpÓL−ÌõÐñ
his death is not avenged. .íÇwËéàG
we would learn only [the requirement to compensate] êÖlÓêeòÐðÔôÖñêG
If one day[’s survival] êeí ðÖìÓê óB− ñÔ¼óÌê
the value of his (the injured person’s) limbs 141 ,î−ÖþÖëÑê−ÑôÐð
frees [the master from the death penalty,] ,þe¬Öõ
but [the requirement to compensate for] ñÖëÎê
then is not two days’ survival even more self-evident? ?öÑkÓLñÖ×êGóÌ−ÔôB− ñÔ¼
the loss of work and medical costs −etÌþÐî³ÓëÓL
But [the answer is that óÌ−ÔôB− is said to teach that] êÖlÓê
we would not have learned. ,eòÐðÔôÖñêG
“one day” should be as two days. ,óÌ−ÔôB−Ð× êeíÓL óB−
Therefore this section needed to be said. 142 :Bï íÖLÖþÖtíÖþÐôÓêÓòCÖ×Ðñ
And how is this? íÓï?íÓï−ÑêÐî
But becomes bed ridden. .áÞÈkÀLÄîÀììÇôÈðÀå A full day of twenty-four hours. 164 165 :³Ñ¼Ðñ³Ñ¼Ñô
As Onkelos translates it: ,BôebÐþÔ³Ðk
156 Bamidbar 35, 17. The Torah stresses “whereby he would die” to indicate that the stone must be capable of
causing death. 157 I.e., the rule of “a day or two” does not apply and even were he to die days later his murderer
133 Mechilta. 134 Though Rashi in verses 15 and 16 has stated that “wherever the Torah mentions an unspecified would be subject to the death penalty. 158 I.e., If he survives “a day or two” his murderer is not subject to the
death penalty it refers to strangulation, nevertheless here it is otherwise. . . 135 A ëÖêöÔ−ÐòÌa is one of the thirteen death penalty. 159 That the instrument used in his murder must be capable of inflicting death for the murderer to
methods of expounding the laws of the Torah enumerated in the Beraisa of R. Yishmael at the beginning of Toras be subject to the death penalty. 160 Mechilta. 161 That vengeance indicates death by the sword. 162 Vayikra 26,
Kohanim. 136 Vayikra 20, 27. 137 Ibid. 9. 138 Mechilta; Sanhedrin 66a; Toras Kohanim. 139 The obligation 25. 163 Mechilta; Sanhedrin 52b. 164 Had it said only óB−—“ one day,” I would have concluded that if he lived till
to compensate for damages is discussed later in v. 24. 140 V. 24 I.e., one who gouges out another’s eye must the end of the day when the master struck him it would be considered it as “one day.” However, comparing óB− to
compensate the injured party for the full value of his eye. 141 Which is derived by calculating the difference of ó−Ì−ÔôB− indicates that the slave must survive a full day, even if it requires two days within which to complete the day,
the value of the injured party (were he sold as a slave) with his limb and without his limb. 142 Mechilta. 26015-EYAL - 26015-SHMOT-EYAL | 10 - B | 18-07-18 | 09:55:45 | SR:-- | Black 26015-EYAL - 26015-SHMOT-EYAL | 10 - B | 18-07-18 | 09:55:45 | SR:-- | Magenta 26015-EYAL - 26015-SHMOT-EYAL | 10 - B | 18-07-18 | 09:5

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