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[283] Shemos—Mishpatim 21:8–9 èYç:àë íéèôùîZúåîù Shemos—Mishpatim 21:33 âì:àë íéèôùîZúåîù [306]

He has no power [right] to sell her to an alien people d£ÖþÐ×ÖôÐññÒ 'LÐôÌ−-ê ÞG−§ÌþÐ×Öòó'Ô¼Ðñ 33. If a man uncovers a pit, þB†aL−•Ìêì·ÔzÐõÌ−-−ÞÌ×Ðî .èñ
for he has dealt deceitfully with her. :dÞÖë-BðÐèÌëÐa or if a man digs a pit, þÒ£aL−§Ìêí'ÓþÐ×Ì−-−ÞÌkBê…
9. If he has designated her as a wife for his son, íÖp¢ÓðÖ¼−ÞÌ−B£òÐëÌñ-óÌêÐî.¬ and does not cover it, ep¢ÓqÔ×Ð−êÕ¤ñÐî

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA RASHI é"ùø AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA and an ox or a donkey falls into it; :þB ÞôÎìB'êþB £MíÖn'ÖL-ñÔõÞÖòÐî
and she has worked for him for two years, ,ó−ÌòÖL−ÑzÐLBñЮÓêíÖ³ÐNÖ¼Ðî AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA RASHI é"ùø AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
they say to him: ,Bñ ó−ÌþÐôBê
of [the province of] Cologne. 234 :ê"Ö−ÐòBñBš ñÓL
“You were aware that she was destined to go free ³êÑ®ÖñíÖð−̳μÓLÖ³−Ì−ÖíÔ¼ÑðB−
at the end of six years. ,LÑL ¹B½Ðñ [33] If a man uncovers a pit— .øBa LéÄàçÇzÀôÄé-éÄëÀå [âì]
Consequently you have bought each year’s work íÖòÖLÐîíÖòÖLñÖk³ÔðBëμֳ−ÌòÖwÓLêÖ®ÐôÌò which was covered and he uncovered it. :eíÖlÌèÐîíÓqe×ÐôíÖ−ÖíÓL
for one-sixth of a maneh. ,íÓòÖnÔí³−ÌMÌLÐë Or if [a man] digs. .äÆøÀëÄé-éÞÄkBà
Now she has served you for two years. ,ó−ÌòÖL−ÑzÐLEÐñЮÓêíÖ³ÐNÖ¼Ðî Why need this be said? ?þÔôÍêÓòíÖnÖñ
Thereby [giving you] −ÑþÎí If he is liable for uncovering it, 235 ,ë−ÖiÔìíÖì−̳ÐtÔíñÔ¼óÌê
one-third of a maneh’s [worth of service]. ,íÓòÖnÔí³−ÌL−ÌñÐL then he certainly [is liable] for digging it. ?öÑkÓLñÖ×êGí−ÖiÌþÐkÔíñÔ¼
Take therefore two-thirds of a maneh íÓòÖnÔí ³BiÌL−ÌñÐL−ÑzÐL ñB¬ But the answer is: [the intent here is] to include ê−ÌëÖíÐñêÖlÓê
and let her go free from your possession.” 62 :EÐñЮÓêÑôêѮѳÐî one who digs a pit [to completion] after another has dug: íÓþBk þÔìÔêíÓþBk
He has no power to sell her to an alien people. 63 .dÈøÀëÈîÀììÉLÀîÄé-à ÞGéÄ øÀëÈðíÇòÀì he (the one who completed the pit) is liable. 236 :ë−ÖiÔì êeíÓL
[Meaning:] that he may not sell her to another man— ,þÑìÔêÐñdÖþÐ×ÖôÐñ−êÔMÔþ Bò−ÑêÓL And does not cover it. .epÆqÇëÀéàGÀå
neither the master nor the father [may do so]. 64 65 :ëÖêÖíêGÐî öBðÖêÖíêG But if he covers it, he is not liable. 237 ;þe¬ÖteíÖqÌkóÌêêÖí
For he has dealt deceitfully with her. .dÞÈá-BãÀâÄáÀa The Torah speaks of digging in the public domain. 238 239 :ëe³ÖkÔíþÑa−Ìcó−ÌaÔþÖí ³eLÐþÌaþÑõBìÐëe
[Meaning:] if he (the master) intends êÖaóÌê An ox or a donkey. .øB ÞîÂçBàøBM
to deal deceitfully with her ,dÖa ðBbÐëÌñ The same law applies to any animal or beast, ,íÖiÔìÐîíÖôÑíÐañÖ×Ðñö−ÌcÔí êeí
by not fulfilling with her dÖaó−ÑiÔšÐñêHÓL because wherever it says þBôÎìÔî þBL þBôÎìBêþBLþÔôÍêÓpÓL óBšÖôñÖ×Ð aÓL
the mitzvah of designating her as his wife. 66 ,ðe¼Ì−³ÔîЮÌô we derive it [from a íÖîÖLíÖþ−ÑïÐb] B³Bê ó−ÌðÑôÐñeòÖê
So too the father [may not sell her again], Ö í−ÌëÖêöÑ×Ðî that “þBL” [is the same as] “þBL” regarding Shabbos, ,³ÖaÔMÌô þBL þBL
since he has dealt deceitfully with her dÖaðÔèÖaÓLþÔìÔêÑô where it is said: þÔôÍêÓpÓL
by selling her to this one. 67 :íÓïÖñdÖþÖ×Ðôe “So that your ox and donkey may rest.” 240 ,EÐþÒôÎìÔîEÐþBL ÔìeòÖ−öÔ¼ÔôÐñ
[9] If he has designated her as a wife for his son. .äÈpÆãÈòéÞÄé BðÀáÄì-íÄàÀå [è] And just as in the latter case all animals and beasts íÖiÔìÐîíÖôÑíÐañÖköÖlÔíÐñíÔô
[“He” refers to] the master. 68 ;öBðÖêÖí
This teaches that the son, too, BòÐa¹ÔêÓLðÑnÔñÐô 234 Rashi here gives the weight of the shekel customary in his time and locale. Though this would seem academic
since the payment of the thirty shekalim is a ½ÔòК—“ a court-imposed fine” and the law is :ñÓëÖaÐa ³B½ÖòКö−ÌëBb ö−Ñê—“ Fines
may stand in his (the master’s) place î−ÖzÐìÔzóÖš
are not collected in Bavel (i.e., outside of Eretz Yisrael).” However, should the injured party seize the fine on his
for the purpose of designating her as his wife, dÖðμÔ−Ðñ own, then the court would allow him to keep it. It is, therefore, necessary to know how much the fine imposed
if his father consents, ,î−ÌëÖêíÓ®ÐþÌ−óÌê by the Torah is in contemporary terms. Tosafos (Bechoros 49b) suggest that Rashi had this information from his
teachers to whom it was transmitted through the generations. 235 Though he had no part in creating the pit.
and he will not require another marriage ritual, ,ó−ÌþÑìÎêö−ÌLecÌšdÖLÐcÔšÐñC−ÌþÖ® Bò−ÑêÐî
236 E.g., person A dug a pit to the depth of nine tefachim, which is deep enough to cause injury to an animal but not
but rather just says to her: ,dÖñþÑôBê êÖlÓê
to kill it. Then person B digs an additional tefach, thereby making it a pit ten tafachim deep, which is sufficient to kill
an animal that might fall in. The Torah holds person B completely responsible for this pit—even for the damages it
62 Kiddushin 14b. 63 Rashi renders −ÌþÐ×ÖòóÔ¼Ðñ as: “to another man,” but the Ramban explains it literally: “to an alien causes animals. (S.C. from Bava Kamma 51a) 237 I.e., there is no need for him to fill the hole. 238 Or anywhere
nation.” 64 The Gemara learns from this that an íÖ−ÌþÐë̼íÖôÖê cannot be sold more than once. 65 Kiddushin 18a. else where the damaged party’s animal has a right to be. The Torah only means to exclude from liability a pit dug
66 Mechilta. Since there is a mitzvah of ðe¼Ì−, there is an assumption that the master will ultimately marry her. Not on the property of the one who caused the damage. There, he can say to the injured party: “What was your animal
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