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[295] Shemos—Mishpatim 21:19–20 ëYèé:àë íéèôùîZúåîù SHMOT 10 Shemos—Mishpatim 21:19 èé:àë íéèôùîZúåîù [294] # 26015

and must pay for his complete cure. ñ :êÞÑtÔþÐ−êÒ'tÔþÐî 19. If he gets up and is able to walk on the outside ±e§ìÔaC'ÑlÔíгÌíÐîóe„šÖ−-óÌê .¬−
Sheini (Second Aliyah) éðù on his own power, B£zÐòÔ¼ÐLÌô-ñÔ¼
20. If a man strikes L−·Ìê »íÓkÔ−-−ÞÌ×Ðî.× the one who struck him shall be acquitted. í¢ÓkÔnÔíí¤ÖwÌòÐî
his male or female slave with a rod, ¬Óë flÑMÔa ·B³ÖôÎê-³ÓêB¥êB•cÐëÔ¼-³Óê Still he must pay for his loss of work, ö£ÑzÌ−B§zÐëÌLš'Ôþ

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“And he will fall into idleness,” ZöÖñЬeëÐññÑtÌ−Ðî
And must pay for his complete cure. .àÞÅtÇøÀéàÉtÇøÀå
[i.e.,] to illness that will keep him from his work. :BzÐ×êÔñÐnÌôBñÐhÔëÐnÓL−ÌñBìÐñ
As Onkelos translates it: [óÑlÔLÐ−êÖ−нÖêþÔèÎêÔî] ,BôebÐþÔ³Ðk
[19] On his own power. .BzÀðÇòÀLÄî-ìÇò [èé]
—he must pay the doctor’s fee. 151 :êÑõBþÖíþÔ×ÐNóÑñÔLÐ−
[Meaning:] on his health and his strength. 143 :BìÒ×ÐîB−Ðþea ñÔ¼
[20] If a man strikes LéÄàäÆkÇé-éÞÄëÀå [ë]
The one who struck him shall be acquitted. .äÆkÇnÇääÈwÄðÀå
his male or female slave. .BúÈîÂà-úÆà Bà BcÀáÇò-úÆà
Would it enter your mind EÐzмÔcñÔ¼íÓñμԳ−Ì×Ðî
This verse speaks of a gentile slave. ,þÑaÔðÐô ëe³ÖkÔí−ÌòμÔòÐkðÓëÓ¼Ða
that this person, who has not killed would be killed?! ?èÔþÖíêHÓLíÓïèÑþÖíÑiÓL
Or perhaps it speaks of a Hebrew [slave]? ?−ÌþÐë̼ÐëêÖlÓê Bò−ÑêBê
But here you are taught [by íÓkÔnÔííÖwÌòÐî] öêÖ×EÐðÓnÌñêÖlÓê
Therefore the Torah states: þÔôBñ ðeôÐñÔz
that he is imprisoned until it becomes clear íÓêÐþÌpÓLðÔ¼ B³Bê ó−ÌLÐëBìÓL
“For he is his master’s property.” ,êeí BtнÔ×−Ìk
whether the other one (the victim) will recover. ;íÓïêÑtÔþгÌ−óÌê
Just as his property is his forever ,³−ÌôÖñB¼ Bñ −eòÖšBtнÔkíÔô
And this is the meaning [of this verse]: ,B¼ÖôÐLÔôöÑ×Ðî
so too the slave [discussed here] ðÓëÓ¼¹Ôê
When the other (the victim) rises íÓïóÖwÓLÐk
is the one that is his forever. 152 ;³−ÌôÖñB¼ Bñ −eòÖwÔí
and walks “with his cane” (i.e., his health returns) ,BzÐòÔ¼ÐLÌôñÔ¼CÑñBíÐî
But he was included in [the general rules]: ñÔñÐ×ÌëíÖ−Öí−ÑþÎíÔî
then the one who struck the blow is acquitted 144 ,íÓkÔnÔííÖwÌòïÖê
“Whoever strikes a man L−ÌêíÑkÔô
but as long as the other has not risen, íÓï óešÖ−êHÓLðÔ¼ñÖëÎê
who dies [shall be put to death]!” 153 ?³ÑôÖî
then the one who struck the blow is not acquitted. 145 146 :íÓkÔôÔííÖwÌòêG
But [the answer is:] that this verse comes ëe³ÖkÔíêÖëêÖlÓê
and singles him out of the general rule, ,ñÖñÐkÔíöÌô Bê−Ì®BíÐî Still he must pay for his loss of work. .BzÀáÄL÷Çø
to indicate that he (the struck slave) is to be judged öBðÖò ³B−ÐíÌñ His loss of work due to the illness. .−ÌñBìÔí³ÔôÎ ìÑôBzÐ×êÔñÐô ñehÌa
by the rule of “a day or two,” ,óÌ−ÔôB− Bê óB− ö−ÌðÐa [E.g.,] if he cut off the other’s hand or foot, ,BñÐèÔþBêBðÖ−¼Ô¬ÖšóÌê
we calculate his loss of work BzÐ×êÔñÐô ñehÌaö−ÌêBþ
that if he did not die beneath his hand BðÖ−³ÔìÔz³ÑôêGóÌêÓL
due to the illness [caused by his injury] −ÌñBìÔí³ÔôÎìÑô
but lingered for a period of twenty-four hours, ,³Ñ¼Ðñ³Ñ¼Ñ ôíÖíÖLÐî
[then the master is] free [from the death penalty]. 154 :þe¬Öt as if he wore a watchman over gourds 147 ,ö−ÌêeMÌšþÑôBL el−ÌêÐk
for even after his illness is over −ÌñBìÔíþÔìÔêÐñ¹Ôê−ÑþÎíÓL
With a rod. .èÆáÅMÇa
he will not be fit for work that requires hands or feet ,ñÓèÓþÖîðÖ−³Ó×êÓñÐôÌñ −eêÖþ Bò−Ñê
When it (the rod) is capable of causing death— ³−ÌôÖíÐñ−ÑðÐ×BaLÑiÓLÐk
and he has already compensated him, Bñ öÔ³ÖòþÖëÐ× êeíÐî
the Torah is speaking. ,þÑaÔðÐô ëe³ÖkÔí
as a result of [his paying him] his damages, BšÐïÌò³ÔôÎìÑô
Or perhaps it refers even to [a rod] el−ÌõÎêBê
the value of his hand or foot, 148 ,BñÐèÔþÐîBðÖ−−ÑôÐð
which is incapable of causing death? 155 ?³−ÌôÖíÐñ−ÑðÐ×Baö−Ñê
as it is said: þÔôÍêÓpÓL
Therefore the Torah says þÔôBñ ðeôÐñÔz
“A hand for a hand, a foot for a foot.” 149 150 :ñÓèÖþ³ÔìÔzñÓèÓþðÖ−³ÔìÔzðÖ−
151 Even if the one who caused the injury is himself a physician the victim can demand to choose his own physician. 143 Ibid. 144 And he is released from prison. 145 And he is not released from prison. 146 Kesubos 33b. 147 Work
(Bava Kamma 85a) 152 I.e., a gentile slave, who is not freed after 6 years, nor during the Jubilee year, as is a that can be performed without a hand or foot. 148 I.e., the loss of the victim’s ability to earn the wages that he
Hebrew slave. 153 Above, v. 12. And why is the death penalty repeated here specifically for the killing of a gentile earned prior to his injury has already been calculated into the payment of “damages.” 149 Below, v. 24. See Rashi.
slave? 154 Mechilta. 155 Yet somehow complications set in whereby the slave died. 150 Bava Kamma 86b. # 26015-EYAL - 26015-SHMOT-EYAL | 10 - A | 18-07-18 | 09:55:45 | SR:-