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[307] Shemos—Mishpatim 21:34 ãì:àë íéèôùîZúåîù Shemos—Mishpatim 21:8 ç:àë íéèôùîZúåîù [282]

34. The owner of the pit must pay. ó flÑlÔLÐ− ·þBaÔíñÔ¼¥Ôa .ðñ 8. If she is displeasing to her master, Öí−§ÓòÒðÎê−«Ñò−ѼÐaí„Ö¼Öþ-óÌê.ì
He must compensate its owner with money, î−¢ÖñÖ¼ÐëÌñë−¤ÌLÖ−¹Ó½£Ók who had not designated her as his wife, d£ÖðÖ¼Ð−B´'ñ-þÓLÎê
and the dead [animal] ³£ÑnÔíÐî he must allow her to be redeemed. d¢ÖcÐõÓíÐî ë−³× êñ´
remains in the possession [of its owner]. ñ :B Þl-íÓ−ÐíÞÌ−
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA RASHI é"ùø AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA RASHI é"ùø AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA [8] If she is displeasing to her master. .ÈäéÆðÉãÂàéÅðéÅòÀaäÈòÈø-íÄà [ç]
[Meaning:] she has not found favor in his eyes î−Öò−ѼÐaöÑìíÖêÐNÖòêHÓL
are [to be treated the same] as the ox, Z þBMÔ×
so that he might marry her. 52 :dÖ½ÐòÖ×Ðñ
for it says elsewhere: ,þÑìÔê óBšÖôÐaþÔôÍêÓò−ÑþÎíÓL
Who had not designated her as his wife. 53 .dÈãÈòÀé Bì-øÆLÂà
“And all your animals;” 241 EÓzÐôÓíÐañÖ×Ðî
[Meaning:] that he should have designated her dÖðμÔ−ÐñBñíÖ−ÖíÓL
here, too, all animals and beasts íÖiÔìÐîíÖôÑíÐañÖköêÖk¹Ôê
and should have married her. 54 ,íÖMÌêÐñBñdÖ½−ÌòÐ×ÔíÐñe
[have the same rules] as the ox. ,þBMÔ×
The money used for her purchase dÖ³−ÖiÌòК¹Ó½Ó×Ðî
The only reason it does state þBôÎìÔî þBL is êÖlÓê þBôÎìÔî þBL þÔôÍêÓòêGÐî
serves as the “money” for executing the marriage. 55 .Öí−ÓLecÌš¹Ó½Ó× êeí
[so that you may infer]: “an ox,” but not a man 242 ,óÖðÖêêGÐî Z þBL
Here the Torah implies ëe³ÖkÔíEÐñïÔôÖþöêÖ×Ðî
a “donkey,” but not vessels. 243 :ó−ÌñÑ×êGÐî Z þBôÎì
that it is a mitzvah for him to marry her. 56 57 ,ðe¼Ì−ÐëíÖîЮÌnÓL
[34] The owner of the pit. 244 .øBaÇäìÇòÇa [ãì]
It [also] indicates to you EÐñïÔôÖþÐî
[This means:] the one who instigated the damage. ;íÖñÖwÔzÔíñÔ¼Ôa
that she requires no other marriage ritual. 58 :ó−ÌþÑìÎêö−ÌLecÌšíÖ×−ÌþЮdÖò−ÑêÓL
Even though the pit does not belong to him, BlÓL þBaÔíö−ÑêÓL−ÌtñÔ¼¹Ôê
He must allow her to be redeemed. .dÈcÀôÆäÀå
i.e., where he made it in the public domain, ó−ÌaÔþÖí ³eLÐþÌëBêÖNμÓL
[dÖcÐõÓíÐî means:] he must give her the opportunity óBšÖôdÖñöÑzÌ−
[nevertheless] the Torah considers him the owner ,î−ÖñÖ¼Ða ëe³ÖkÔíBêÖNμ
to be redeemed and to go free, ,³êÑ®ÖñÐe ³BðÖtÌíÐñ
for the purpose of making him liable for damages. 245 :î−ÖšÖïÐòÌa î−ÖñÖ¼ë−ÑiÔìгÌíÐñ
for he, too, must aid in her redemption. 59 ;dÖ òB−ÐðÌõÐaÔ¼−ÑiÔ½Ðô êeí ¹ÔêÓL
He must compensate its owner with money. 246 .åéÈìÈòÀáÄìáéÄLÈéóÆñÆk
And what is this opportunity that he gives to her? ?dÖñöѳBpÓL óBšÖô êeí íÔôe
The word ë−ÌLÖ− comes to include ³BaÔþÐñ Z ë−ÌLÖ−
He deducts from her redemption price dÖòB−ÐðÌtÌôÔ¼ÑþÖèÐnÓL
[that he may pay with] anything that is worth money 247 ¹Ó½Ó×íÓîÖL
according to the number of years that she has served him, BñЮÓêíÖ³ÐNÖ¼ÓLó−ÌòÖMÔíþÔtнÌôÐk
even “bran” (i.e., a low-quality commodity). 248 :ö−Ìae½ el−ÌõÎêÔî
as if she had been hired by him. 60 .BñЮÓêíÖþe×ÐNê−Ìí el−ÌêÐk
And the dead [animal] remains his. .B Þl-äÆéÀäÞÄéúÅnÇäÀå How is this [calculated]? ?ðÔ®−Ñk
I.e., the injured party’s. .šÖf−ÌpÔñ 61
If [for example] he bought her for a maneh íÓòÖôÐadÖêÖòÐwÓL−ÑþÎí
We evaluate the carcass íÖñÑëÐpÔí³Óêö−ÌôÖL
and he (the injured party) takes it as [partial] payment. ,ó−ÌôÖðÐadÖñЬBòÐî
52 Mechilta, Onkelos. 53 The written text (ë−̳Ðk) is: dÖðÖ¼Ð−êGþÓLÎê—“who has not designated her as his wife,” but it
Then the one who caused the damage pays him š−ÌfÔnÔ íBñóÑlÔLÐôe is read dÖðÖ¼Ð−BñþÓLÎê—“to whom she should have been designated as his wife.” 54 The indication that the Torah
the remainder, so as to make up for his loss. 249 :BšÐïÌò−ÑôeñÐLÔ³Öí−ÓñÖ¼ prefers that he marry her is based on: 1. Since the Torah gives the cause of his not marrying her, viz., that he finds
her displeasing, inferring that were this not so, he should marry her (M.; G.A, B.Y.; others). 2. The ë−̳Ðk: dÖðÖ¼Ð−êGþÓLÎê
and the −ÌþК: dÖðÖ¼Ð−BñþLÎê indicate that he has not married her but he should have done so. (See Tosafos Chullin 65a
241 Devarim 5, 14. 242 I.e., that should a man fall into the pit and die, the one who dug the pit is not liable. õ"¼ê í"ð). 55 ¹Ó½Ó× “Money” is one of the three methods which the Mishnah (Kiddushin 2a) enumerates as means
243 I.e., if an animal loaded with vessels falls into the pit and dies and the vessels break, then the one who dug by which marriage is contracted. 56 See note 54. 57 Mechilta; Bechoros 13a. 58 Kiddushin 19b. 59 Since
the pit is liable only for the animal but not for the vessels. (Bava Kamma 10b) 244 This should not be taken the text does not state íÖ³ÐcÐõÌòÐî—“she shall be redeemed,” but, rather dÖðÐõÓíÐî (in the ñ−̼ÐõÌí (causative) form—“ he shall
to mean that in order to be liable he must actually own the pit. 245 Bava Kamma 29b. 246 ¹Ó½ÓkóÑlÔLÐ− þBaÔíñÔ¼Ôa cause her to be redeemed,” it is an indication that he must be actively involved in her redemption. 60 Though in
î−ÖñÖ¼ÐëÌñ—“ The owner of the pit shall pay to its owner” seems perfectly sufficient; what is the need for the word reality he had bought her outright and by all rights he should be entitled to a full refund of his money if she is to
ë−ÌLÖ−—“ he shall compensate”? 247 I.e., he need not use actual money as his payment but any object which is of leave his service before the allotted time. However, dÖcÐõÓíÐî teaches that regarding her redemption she is like a hired
equal value. 248 The quality of the commodity does not matter, provided that the total value is equivalent to the worker who is compensated for whatever work he has done. Here, too, the master must take the time she has
amount necessary for compensation. If, however, restitution to the damaged party is made with real-estate then already worked for him into account when determining her redemption price, thereby aiding in her redemption.
the best quality land must be used (Bava Kamma 7a). 249 Mechilta, Bava Kamma 10b. SHMOT 10 (Kiddushin 16a, Rashi ibid.) 61 One hundred shekalim. # # 26015-EYAL - 26015-SHMOT-EYAL | 10 - A | 18-07-18 | 09:55:45 | SR: