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[339]  Shemos—Mishpatim 23:6–7 æYå:âë íéèôùîZúåîù  Shemos—Mishpatim 22:3–4 ãYâ:áë íéèôùîZúåîù  [314]


 Chamishi (Fifth Aliyah)  éùéîç  he must pay two live animals. ñ :óÞÑlÔLÐ−óÌ−£ÔòÐLó−¢ÌiÔì
 6. Do not bend justice [even] for your needy £EÐòÒÞ−ÐëÓê¬'ÔtÐLÌôí§ÓhÔ³ê'G.î  Sh’lishi (Third Aliyah)  éùéìù
 in his dispute. :B Þë−ÌþÐa  4. If he damages a field or vineyard with his animal— óÓþ flÓ×-Bê í¤ÓðÖN ·L−Ìê-þÓ¼ÐëÔ−−¥Ìk.ð
 7. Keep far away from anything false. š¢ÖìÐþÌzþÓš£ÓL-þÔëÐcÌô.ï  he lets his livestock loose, í flÕþ−̼Ða-³Óê ·ìÔlÌLÐî
 Do not kill an innocent righteous man, èÕ flþÎíÞÔz-ñÔê ·š−ÌcÔ®Ðî−¥ÌšÖòÐî  and [or] it feeds in another man’s field— þ¢ÑìÔêí¤ÑðÐNÌaþ£Ñ¼Ìëe
 AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA RASHI  é"ùø AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA  from his [own] prime field and prime vineyard B £ôÐþÔkë'Ô¬−Ñôe eí§ÑðÖNë'Ô¬−Ñô
                     he must compensate [the owner]. ô :óÞÑlÔLÐ−
 You should make every effort to help him—  .B ÞnÄòáÉæÂòÞÇzáÉæÈò
 to unload the burden,  ;êÖOÔnÔíšÑþÖõÐñ  AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA RASHI  é"ùø AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
 [as Onkelos translates the words Bñ ëBïμÑô]:  Z d−ÑññÔšÐLÌôÐlÌô
                               or any lost object, etc.  íÖðÑëÎêñÖkñÔ¼
 “from removing a load from it.”  :epÓnÌôBêÖOÔô ñBh−ÌlÌô
                 he must pay two-fold to his fellow man.” 4  :eíѼÑþÐñóÌ−ÔòÐLóÑlÔLÐ−
 [6] Your needy.  .EÀðÉÞéÀáÆà [å]
                      He must pay two live animals. 5  .íÞÅlÇLÀéíÄéÇðÀLíéÄiÇç
 [EÐòÒ−ÐëÓê is] from the root íëê—“ longing,”  ,íÓëBê öBLÖñ
                     He may not pay him with dead ones,  ,ó−̳ÑôBñóÑlÔLÐ−êGÐî
 for he is destitute and longs for anything good.  19  :íÖëB¬ ñÖ×ÐñëÑêÖ³ÐîñÖcÐñeðÐô êeíÓL
                               but only with live ones  ó−ÌiÔìêÖlÓê
 [7] Do not kill an innocent righteous man. 20  .âÉøÂäÞÇz-ìÇà÷éÄcÇöÀåéÄ÷ÈðÀå [æ]  or with money that is equivalent to live ones. 67  :ó−ÌiÔì−ÑôÐðBê
 From where do we derive [that in a case]  öÌ−ÔpÌô
                            [4] øÅòÄáe ,äÉøéÄòÀa-úÆà,øÆòÀáÇééÄk. 8  .øÅòÄáe BøÄòÀa-úÆà,øÆòÀáÇééÄk [ã]
 where one has left the court after having been convicted  ë−ÖiÔìö−Ìc³−ÑaÌôêÑ®BiÔñ
                        These are terms relating to cattle  ,íÖôÑíÐa öBLÐñóÖñek
 and a person says:  ,ðÖìÓêþÔôÖêÐî
                      as in: “We (eòÑþ−̼Ðëe) and our cattle.” 9  :eòÑþ−̼Ðëe eòÐìÔòÎêBôÐk
 “I have evidence to suggest his innocence!”  ,³e×Ðï î−ÖñÖ¼ðÑnÔñÐñ−ÌñLÑ−
                                          øÆòÀáÇééÄk.  .øÆòÀáÇééÄk
 that we bring him (the defendant) back? 21  ?B³Bê ó−Ìþ−ÌïÎìÔnÓL
                       [þÓ¼ÐëÔ−−Ìk means:] he leads his cattle  î−Ö³BôÎíÔa C−ÌñB−
 Because the Torah states (addressing the court):  þÔôBñ ðeôÐñÔz
                 into the field or vineyard of his fellow man  ,BþÑëÎìñÓLóÓþÓ×ÐëBêíÓðÖNÐa
 “Do not kill an innocent man.”  ,èÒþÎíÔzñÔê−ÌšÖòÐî
       and causes him damage in one of the two following ways:  ,elÑê−ÑzÐLÌô³ÔìÔêÐa B³Bê š−ÌfÔ−Ðî
 And though he may not be a righteous man  ,š−ÌcÔ® Bò−ÑêÓL−ÌtñÔ¼¹ÔêíÓïÐî
          either by sending in his cattle [to trample on things]  Bþ−̼ÐaÔìelÌLÐaBê
 for he has not yet been acquitted in court,  ,ö−Ìc³−ÑëÐašÑcԬЮÌòêHÓL
                      or [by allowing them] to feed there.  ,þe¼ÌëÐaBê
 nevertheless he is (−ÌšÖò) innocent from a death verdict  ,íÖ³−Ìôö−ÌcÌô êeí −ÌšÖò óBšÖôñÖkÌô
                [Accordingly] our Sages explained that ìÔlÌLÐî  "ìÔlÌLÐî,, eò−ѳBaÔþeLÐþ−Ñõe
 for you must try to vindicate him.  .B³BkÔïÐñEÐñLÑ−−ÑþÎíÓL
               is damage caused by trampling with the foot,  ,ñÓèÓþ¹ÔkCÔþÐðÌô−ÑšÐïÌò êeí
 And from where do we derive [that in a case]  öÌ−ÔpÌôe
               whereas þѼÌëe is damage caused by the “tooth”  ,öÑMÔí−ÑšÐïÌò êeí "þѼÌëe,,
 where one has left the court  ö−Ìc³−ÑaÌôêÑ®BiÔñ
                           which eats and consumes. 10  :³ÓþÖ¼ÔëÐôe ³ÓñÓ×BêÖí
 after having been found innocent,  −êÔkÔï
                             In another man’s field.  .øÅçÇàäÅãÀNÄa
 and a person says:  ,ðÖìÓêþÔôÖêÐî
                  [þÑìÔêíÑðÐLÌa means:] in another man’s field.  :þÑìÔêL−ÌêñÓLíÓðÖNÐ a
 “I have evidence to suggest his guilt,”  ,íÖëBì î−ÖñÖ¼ðÑnÔñÐñ−ÌñLÑ−
 that we do not bring him back to court?  ?ö−Ìc³−ÑëÐñ B³Bê ö−Ìþ−ÌïÎìÔôö−ÑêÓL  From his prime field  ,eäÅãÈNáÇèéÅî
 Because the Torah states:  þÔôBñ ðeôÐñÔz  he must compensate [the owner].  .íÞÅlÇLÀé
 “Do not kill a righteous person!”  ,èÒþÎíÔzñÔêš−ÌcÔ®Ðî  We evaluate the damage  ,šÓïÓpÔí³Óêö−ÌôÖL
       4 Bava Kamma 62b.  5 Though the word ó−Ì−Ôì has an êÖzÐìÔòгÓê beneath it, which would indicate that it refers to êÑ®ÖnÌíóÌê
 prohibited and, therefore, practically speaking, there is no difference whether the animal is a Jew’s or a gentile’s—you  BðÖ−ÐëêÑ®ÖnÌz and conveys that the stolen item was found alive in the thief’s possession, (the Rashbam’s explanation)
 must help unload the animal in either case.  19 Mechilta.  20 1. The prohibition against murder was already stated  nevertheless, Rashi explains it as referring to the payment . . .  6 If the value of the theft diminished between the
 in the Ten Commandments, above, 20, 13. 2. If this is intended as prohibiting murder, then why only the innocent  time of the theft and when the case comes to the Beis Din, the thief must pay its original worth. That is what Rashi
 and the righteous? 3. From the context here, it apparently is speaking of judges. (B.Y.)  21 So that the court may  means by: “or with money that is equivalent to live ones.” (S.A.)  7 Mechilta.  8 The root þ−̼Ða has two meanings:
 hear the new evidence.  SHMOT  11  1. cattle 2. to consume or destroy.  9 Bamidbar 20, 4.  10 Bava Kamma 2b.        #                                                              #  26015-EYAL - 26015-SHMOT-EYAL | 11 - A | 18-07-18 | 09:55:45 | SR:-- | Cyan   26015-EYAL - 26015-SHMOT-EYAL | 11 - A | 18-07-18 | 09:55:45 | SR:-- |
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