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[309] Shemos—Mishpatim 21:35 äì:àë íéèôùîZúåîù #26015-EYAL - 26015-SHMOT-EYAL | 10 - B | 18-07-18 | 09:55:45 | SR:-- | Yellow 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-
Shemos—Mishpatim 21:7

and divide the money received for it. B fltнÔk-³Óêe¤®ÖìÐî 7. If a man sells his daughter to be a maidservant, í¢ÖôÖêÐñB£zÌa-³ÓêL−§ÌêþÒ'kÐôÌ−-−ÞÌ×Ðî.ï
she shall not go out [free] in the manner of male slaves. :ó−ÞÌðÖëμÞÖí³ê'Ñ®Ðkê£Ñ®Ñ³ê'G
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA RASHI é"ùø AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA RASHI é"ùø AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
not more and not less. 253 .þѳB− êGÐî ³BìÖõêG
Or perhaps I might think otherwise: ñB×Ö−Bê [7] If a man sell his daughter åzÄa-úÆàLéÄàøÉkÀîÄé-éÞÄëÀå [æ]
that even if they (the oxen) were not of equal value öÓí−ÑôÐðÌaö−ÌîÖLöÖò−ÑêÓLÐa¹Ôê to be a maidservant. .äÈîÈàÀì
when they were both alive ó−ÌiÔìöÑíÓLÐk This verse speaks of a minor [daughter]. ;þÑaÔðÐô ëe³ÖkÔííÖpԬКÌa
the Torah states: they divide them both. ?óÓí−ÑòÐL³Óêe®ÍìÓ− ,ëe³ÖkÔíþÔôÖê One might think [that the verse applies] ñB×Ö−
[This cannot be so for] if you would say this ,öÑkÖzÐþÔôÖêóÌê even if she shows signs [of puberty]. ,ó−ÌòÖô−̽íÖê−ÌëÑí el−ÌõÎê
then there would be times ó−ÌôÖ¼Ðt You must say [that this is not so] a fortiori: ,þÓôBìÖîñÔšÖzÐþÔôÖê
when the one causing the damage š−ÌfÔnÔíÓL Just as one who is sold beforehand (as a minor) öÑ×ÖñóÓðBš íÖþe×ÐníÔôe
may profit a great deal— ,íÑaÐþÔíþÑkÔzÐNÌô goes free upon showing signs [of puberty], Zö−ÌòÖô−̽ÐëíÖêЮB−
in a case where the carcass íÖñÑëÐpÔíÓLÐk as is written: ëe³ÖkÓLBôÐk
is worth much more, when sold to gentiles, þѳB− íÑaÐþÔíó−ÌþÐ×ÖòÐñþÑ×Ön−ÌñíÖîÖL “She goes out free, with no repayment of money,” 46 ,¹Ó½Ökö−ÑêóÖpÌìíÖêЮÖ−Ðî
than the worth of the damaging ox. 254 š−ÌfÔnÔí þBL −ÑôÐcÌô which we expound B³Bê ö−ÌLÐþBð eòÖêÓL
And it is inconceivable that the Torah should state ëe³ÖkÔíþÔôêÒiÓLþÖLÐõÓê−ÌêÐî as referring to one who shows signs of adolescence, 47 Z ³eþμÔò−ÑòÖô−̽Ðñ
that the one causing the damage should profit. .þÖkÐNÌ òš−ÌfÔnÔíêÑíÐiÓL then one who has not yet been sold [at this age] íÖþe×ÐôdÖò−ÑêÓL
Or sometimes [it will result] ó−ÌôÖ¼ÐõBê does logic not dictate ö−Ìð Bò−Ñê
in the damaged party getting ñѬBò šÖf−ÌpÔíÓL that she not be sold at all? 48 :þÑ×Ön̳êHÓL
much more than the worth of full damages— ZóÑñÖLšÓïÑò−ÑôÐcÌôþѳB− íÑaÐþÔí She shall not go out [free] àÅöÅúàG
where the half the value of the goring ox š−ÌfÔnÔí þBL −ÑôÐð−Ì®ÎìÓL in the manner of male slaves. .íéÞÄãÈáÂòÞÈäúàÅöÀk
is worth more þѳB− ö−ÌîÖL [I.e.,] in the manner that gentile slaves go free, ó−ÌòμÔòÐkó−ÌðÖëμ³Ôê−Ì®−Ìk
than the full value of the damaged ox. 255 ZšÖï−ÌpÔí þBL −ÑôÐcñÖkÌô for they go free [for the loss] of a “tooth and an eye.” 49 ,öÌ−Ô¼ÖîöÑLÐaó−ÌêЮBiÓL
If you would accept this, ,öÑkÖzÐþÔôÖêóÌêÐî But this woman Bï ñÖëÎê
then a óÔz would be more stringent þeôÖìóÖ³−ÑþÎí does not go free for the loss of “tooth and eye” öÌ−Ô¼ÖîöÑLÐëêѮѳêG
than a ðÖ¼eô (an ox who had already gored three times). !ðÖ¼enÌô but rather she serves for six years or until the Jubilee, ,ñÑëBiÔíðÔ¼Bê,LÑL³ÓðÓëB¼ êÖlÓê
Hence you are forced to admit EÎìÐþÖkñÔ¼ or until she shows signs of puberty. ,ö−ÌòÖô−̽ê−ÌëÖzÓLðÔ¼Bê
that the Torah here speaks only in a case ëe³ÖkÔíþÑa−ÌðêG Whichever [of these] comes first óÑðBwÔíñÖ×Ðî
where [both animals] are of equal value, ,ö−ÌîÖLÐëêÖlÓê brings her freedom first. 50 ,dÖ³eþ−ÑìÐñóÑðBš
and it teaches you that a óÔz pays half the damages. ,šÓïÑò−Ì®ÎìóÑlÔLÐôóÖzÔíÓLEÐðÓnÌñÐî However, he (the master) must reimburse her dÖñöѳBòÐî
And from [the case] where they are of equal value ö−ÌîÖMÔíöÌ ôe for the value of her eye or the value of her tooth. .dÖp−ÌL−ÑôÐðBêdÖò−Ѽ−ÑôÐc
you derive [the law] to where they are of unequal value, ,ö−ÌîÖLöÖò−ÑêÓLÐñ ðBôÐñÌz Or perhaps this is not so, Bò−ÑêBê
but rather “she shall not go free êѮѳêGêÖlÓê
253 If, for example, the goring animal is worth 150 zuz and the victim was worth 400 zuz, and the dead carcass is
in the manner of the slaves” ó−ÌðÖëμÖí³êÑ®Ðk
worth 100 zuz, whereby the net total damage is 300 zuz, then we do not rule that each—the š−ÌfÔô and the šÖï−Ìò (the
damaged party)—take half the live and half of the dead animal. But rather the šÖï−Ìò will take the entire live ox of the [means in the manner of Hebrew slaves
š−ÌfÔô, which is worth 150, which also happens to equal to half the damages. (R.M.) 254 If, for example, the goring
ox is worth 50 and the dead carcass 150, then, if each party will get half the live and half the dead animal, the š−ÌfÔô 46 V. 11. 47 Usually between the ages of 12 and 122. 48 Mechilta; Arachin 29b. 49 Or the loss of any one of
will receive 100 zuz, resulting in a net profit for him of 50 zuz! (R.M.) 255 If, for example, the goring ox is worth the twenty four limbs when inflicted by the master. See v. 26. 50 If the Jubilee year arrives before she has served
300 and the damaged ox was worth 100 and the dead carcass is worth 50, then, if each party would get half the live six years, she goes out free. If she shows signs of puberty before six years and/or before the Jubilee year, she goes
and dead animals, the šÖï−Ìò would receive 175, resulting in the šÖï−Ìò receiving 75 more than he had in the first place! out free.

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