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[289] Shemos—Mishpatim 21:13 âé:àë íéèôùîZúåîù Shemos—Mishpatim 21:25 äë:àë íéèôùîZúåîù [300]
then I will designate for you a place, óB flšÖô ·EÐñ−¥ÌzÐôÔNÐî [of] a bruise for a bruise. ô :íÞÖþeaÔì³Ôì£Ôzí–ÖþeaÔì

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‘Wickedness emanates from the wicked.’ ” 106 .¼ÔLÓþêÑ®Ñ−ó−̼ÖLÐþÑô
The “proverb of the Ancient One” refers to the Torah, ,íÖþBzÔíê−Ìí−ÌòBôÐðÔwÔíñÔLÐôe he must pay damages. ,šÓïÑòöѳBò
which is the “proverb” of God, ,í"ÖaÖwÔíñÔLÐôê−ÌíÓL If [the victim] is confined to bed, ,ëÖkÐLÌôÐññÔõÖòóÌêÐî
Who is the “Ancient One” (i.e., precedes) of the universe. .óÖñB¼ ñÓL BòBôÐðÔš êeíÓL he must pay for loss of work, ³ÓëÓLöѳBò
And where is it that the Torah said ,íÖþB³ íÖþÐôÖêöÖ×−ÑíÐî and medical costs, −etÌþÐî
that wickedness emanates from the wicked? ?¼ÔLÓþêÑ®Ñ−ó−̼ÖLÐþÑô and the shame the victim suffers ³ÓLëe
[Here where] “God brought it to his hand”; .BðÖ−ÐñíÖpÌêó−ÌíGÍêÖíÐî and the pain the victim suffers. 185 .þÔ¼Ô®Öî
for what is the case that this verse discusses? ?þÑaÔðÐô ëe³ÖkÔííÓnÔa Actually this verse is superfluous. 186 ,êeí þѳÖ−íÓïêÖþКÌôe
[It concerns] two people— ,óÖðÖê−ÑòÐë−ÑòÐLÌa In the Chapter Hachovel 187 our Sages expound it eò−ѳBaÔþ eíeLÖþÐcñÑëBìÔíÐëe
one killed accidentally 107 èÑèBL èÔþÖíðÖìÓê to make him liable for inflicting pain þÔ¼ÔvÔíñÔ¼ë−ÑiÔìÐñ
and the other killed with premeditation 108 ,ð−ÌïÑôèÔþÖíðÖìÓêÐî even where damages [have been paid], ZšÓïÑò óBšÐôÌa el−ÌõÎê
but there were no witnesses ó−ÌðѼe−ÖíêGÐî i.e., although he has compensated him Bñ öѳBpÓL−ÌtñÔ¼¹ÔêÓL
who could testify [against them]. ,eð−̼ÖiÓLþÖëÖcÔa for the value of his hand, ,BðÖ−−ÑôÐð
[Hence] the latter one was not executed èÔþÍíÓòêGíÓï we do not absolve him from [paying for] the pain, ,þÔ¼ÔvÔíöÌô B³Bê ó−ÌþЬBt ö−Ñê
and the former was not sent into exile. 109 ,íÖñÖèêGíÓïÐî by suggesting that since he (the damager) ñ−ÌêBí ,þÔôBñ
God then causes them to meet at the same inn. ,ðÖìÓêšÖcÐòeõÐñöÖòÐnÔïÐôí"ÖaÖwÔíÐî has, in effect, bought his (the victim’s) hand 188 BðÖ−íÖòÖšÐî
The one who killed with premeditation ð−ÌïÑôÐaèÔþÖíÓLíÓï he therefore should have the right to sever it dÖ×гÖìÐñ î−ÖñÖ¼LÑ−
is sitting under a ladder ,óÖleqÔí³ÔìÔzëÑLB− in whatever manner he wishes, 189 ,íÓ®ÐþÌiÓMíÔôñÖ×Ða
and the one who killed accidentally èÑèBL èÔþÖíÓLíÓïÐî But rather we say: ,ó−ÌþÐ ôBê êÖlÓê
goes up the ladder óÖleqÔëíÓñB¼ he should have severed it with an anesthetic, ,óÔ½ÐadÖ×гÖìÐñBñLÓ−
and falls upon the one who killed with premeditation, ð−ÌïÑôÐaèÔþÖíÓLíÓïñÔ¼ñÑõBòÐî whereby the victim would not endure so much pain. ,CÖkñÖkþѼԬЮÌô Bò−ÑêÓL
and kills him, and witnesses testify against him î−ÖñÖ¼ó−Ìð−̼Ðôó−ÌðѼÐî ,BèÐþBíÐî But he, however, severed it with metal ñÓïÐþÔëÐadÖ×Ö³ÎìíÓïÐî
making him liable to be exiled. 110 .³BñÐèÌñ B³Bê ó−Ìë−ÐiÔìÐôe and inflicted pain :Bþμ̮Ðî
The result is that the one who killed accidentally èÑèBLÐaèÔþÖíÓLíÓïêÖ®ÐôÌò [and he must therefore pay for that pain]. 190
is exiled 111 ,íÓñBb A bruise. 191 .äÈøeaÇç
and the one who killed with premeditation is killed. 112 :èÖþÓíÐòð−ÌïÑôÐaèÔþÖíÓLíÓïÐ î íÖþeaÔì is a wound where the blood collects dÖaþÖþЮÌòóÖcÔíÓLíÖkÔôê−Ìí
Then I will designate for you a place. 113 .íB÷ÈîEÀìéÄzÀîÇNÀå but does not break through [the skin] ,êÑ®B− Bò−ÑêÐî
even [for now] in the desert 114 ,þÖaÐðÌnÔa¹Ôê only that the flesh of that area becomes red. 192 ,BcÐèÓòÐkþÖNÖaÔíó−ÌðÎêÔnÓLêÖlÓê
The term íÖþeaÔì is taje 193 in Old French ,ïÔ¼ÔñÐa ê"š¬ íÖþeaÎì öBLÐñe
106 I Shmuel 24, 14. 107 And deserves to be sent into exile into one of the cities designated for this purpose.
See Bamidbar 34, 11; Devarim 10, 1–10. 108 And deserves the death penalty. 109 For both penalties, death and
exile, require witnesses. 110 Rashi means that he fell from the ladder while descending, for the Mishnah states in 185 This is determined by how much a person, condemned by the authorities to lose such a limb, would be willing to
Makkos 10b that only when the accident takes place while descending is he liable to be exiled. (M.) 111 Some ask: pay to be anesthetized so as not to suffer the pain (Bava Kamma 84a). This is a subjective decision, for the suffering
but his first accidental killing has gone unpunished, for he is exiled but once! and they answer: he is justly exiled of pain varies from person to person. (Rambam Chovel U’mazik 2, 9) 186 . . . for the obligations of paying for ,šÓïÓò
only once, for on the second occasion he killed a person who deserved to die. (S.C.) 112 Mechilta; Makkos 10b. ³ÓLa ,³ÓëÓL ,−etÌþ,þÔ¼Ô® we derive from elsewhere in the Torah: From ó−̾ÖòÎê öeë−ÌþÐ−−Ì×Ðî (v. 18ff.) we learn ³ÓëÓL and −et−Ìþ; from
113 To this point the Torah speaks of the murderer in the third person viz. “he did not lie in wait,”“ God brought to öÌ−Ô¼³ÔìÔzöÌ−Ô¼ (v. 24) we learn šÓïÓò; from Devarim 25, 11 we learn ³Ó¾Òa. (B.Y.; R.M.) 187 Bava Kamma 84a. 188 I.e.,
his hand.” Why, then, does it now revert to the second person? Also the command to set up ¬ÖñКÌô−ÑþÖ¼—“ cities of that his payment for the loss of the hand “entitles” him to the hand. 189 And should therefore not be held liable to
refuge,” was first issued later (Bamidbar 35, 11)! 114 The Sages derive this from the fact that the second person compensate the victim for the pain he inflicts on him. 190 Bava Kamma 85a. 191 What is the difference between
reference EÐñ—“ for you” is addressed to Moshe. a ¼Ô®Ót and a íÖþeaÔì? 192 Whereas ¼Ô®Ót is a wound where blood is drawn. 193 A spot or discoloration.