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[333] Shemos—Mishpatim 22:30 ì:áë íéèôùîZúåîù Shemos—Mishpatim 22:10–12 áéYé:áë íéèôùîZúåîù [320] # 26015

You must not eat flesh that was torn off in the field. eñ flÑ×êÒ³êÕ¤ñ ·íÖõÑþЬí¥ÓðÖOÔaþ·ÖNÖëe that he [the watcher] did not lay his hand B£ðÖ−ì§ÔñÖLê'G-óÌê
Throw it to the dog. ô :B Þ³Òêöe'×ÌñÐLÔzëÓñ£ÓkÔñ on his neighbor’s possession [for his personal use]. eí¢Ñ¼Ñþ³Ó×ê¤ÓñÐôÌa
The owner must accept it [the oath], î−£ÖñÖ¼Ðaì'ÔšÖñÐî
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA RASHI é"ùø AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA and [the watcher] need not make restitution. :óÞÑlÔLÐ−ê'GÐî
11. But if it was indeed stolen from him, B¢n̼ÞÑôë£ÑòÖbÌ−ëÒ'òÖb-óÌêÐî .ê−
Flesh that was torn off in the field. 68 .äÈôÅøÀèäÆãÈOÇaøÈNÈáe
he must make restitution to its owner. :î−ÞÖñÖ¼ÐëÌñó£ÑlÔLÐ−
Actually the same applies within the house, ,öÑk³Ì−ÔaÔa¹Ôê
but [the reason “the field” is mentioned is] êÖlÓê 12. If it was torn apart [killed by wild beasts], ¹£ÑþÖhÌ−¹Ò'þÖ¬-óÌê .ë−
the Torah speaks of what is common— ZíÓîBíÐa ëe³ÖkÔíþÑa−ÌcÓL he [the watcher] must provide witnesses. ð¢Ñ¼eí¤ÑêÌëÐ−
the place where it is usual for animals ³BôÑíÐaCÓþÓcÓL óBšÖô He then need not pay for that which was torn apart. ô :óÞÑlÔLÐ−ê'Gí£ÖõÑþÐhÔí
to be torn apart [by wild beasts]. 69 ;¹ÑþÖh−Ìñ
Similarly: “For he found her in the field,” 70 ,dÖêÖ®ÐôíÓðÖOÔë−ÌköÑ×Ðî
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA RASHI é"ùø AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
Similarly: “One who is unclean þBíÖ¬íÓ−ÐíÌ−êGþÓLÎêöÑ×Ðî
as a result of a nocturnal emission,” 71 ,íÖñÐ−ÖñíÑþÐwÌô
The owner must accept it. .åéÈìÈòÀaçÇ÷ÈìÀå
where the same rule would apply ö−ÌcÔí êeí
[I.e., he must accept] the oath. 37 ,íÖ¼eëÐMÔí
to an emission during the day. ,óB− íÑþКÌôÐñ
The Torah just speaks of what is most common. 72 .íÓîBíÐa ëe³ÖkÔíþÓa−ÌcÓLêÖlÓê And he need not make restitution. óÑlÔLÐ−êGÐî
However, Onkelos translates [íÖõ−ÑþЬíÓðÖÒ¾ÔaþÖNÖëe] as: óÑbÐþÌz ½eñКÐòeêÐî [I.e., the watchman need not make restitution] to him. :óeñÐkþÑôBMÔíBñ
“Flesh torn from a living animal,” ,êÖiÔìêÖî−ÑìöÌô L−ÌñÐzþÔNÐëe [12] If it was torn— .óÅøÈhÄéóÉøÈè-íÄà [áé]
i.e., flesh that was torn off LÔñÐ³Ì pÓLþÖNÖa by a wild animal. :íÖ¼ÖþíÖiÔì−ÑðÐ−ñÔ¼
as a result of an attack by a wolf or lion −ÌþÎêBêëÑêÐï³ÔõÑþЬ−ÑðÐ−ñÔ¼ He must provide witnesses. .ãÅòeäÅàÄáÀé
from a permitted beast, or from permitted cattle, íÖþÑLÐ×íÖôÑíÐaÌôBêíÖþÑLÐ×íÖiÔìöÌô [I.e.,] he shall bring [two] witnesses ó−ÌðѼê−ÌëÖ−
while it was alive [“you must not eat”]. 73 :Öí−ÓiÔìÐë that it was torn apart íÖõÐþЬÌpÓL
Throw it to the dog. .B ÞúÉà ïeëÄìÀLÇzáÆìÆkÇì [in a way that was] beyond his control ½ÓòBêÐa
[You may sell it] also to a gentile. ;ëÓñÓkÔk −BbÔí¹Ôê and he will then not be liable to pay restitution. :þe¬Öõe
Or perhaps it refers only to a dog? ?B¼ÖôÐLÔôÐkëÓñÓkêÖlÓê Bò−ÑêBê He need not pay for that which was torn apart. .íÞÅlÇLÀéàGäÈôÅøÀhÇä
The Torah therefore says regarding neveilah: ,íÖñÑëÐòÌaþÔôBñ ðeôÐñÔz It does not say: óÑlÔLÐ−êGíÖõÑþЬ (he need not óÑlÔLÐ−êGíÖõÑþЬþÑôBê Bò−Ñê
“or sell it to a gentile.” 74 ,−ÌþÐ×ÖòÐñ þB×ÖôBê pay for [any] one which was torn): but, rather, it says: êÖlÓê
[Then we may assume] a fortiori regarding tereifah: 75 íÖõÑþЬÌñþÓôBìÖîñÔš íÖõÑþÐhÔí [for this one that was torn). ,íÖõÑþÐhÔí
that all benefits are permitted .³BêÖòÎíñÖ×Ða³ÓþÓzenÓL [This indicates that] there is a torn one íÖõÑþЬLÑ−
[including selling to a gentile]. 76 for which he must pay, óÑlÔLÐô êeíÓL
If so, why does it state: “to the dog”?! ?ëÓñÓkÔñþÔôBñ ðeôÐñÔzíÔôöÑkóÌê and there is a torn one íÖõÑþЬLÑ−Ðî
for which he need not pay: ;óÑlÔLÐô Bò−ÑêÓL
68 Only in the field?! 69 But the animal still lived to be slaughtered. Otherwise, it would be neveilah. See note For one that was torn apart by a cat, fox, or marten íÖiÌôÐòe ñÖ¼eLÐî ñe³Öì³ÔõÑþЬ
65. 70 “And no one was there to help her” (Devarim 22, 27) and she is not liable to any punishment since she he must pay restitution. 38 ,óÑlÔLÐô
was taken by force. Here, too, if she was helpless within the city the same rule would apply. The only reason “the ,ëÑêÐï³ÔõÑþЬ
Whereas, for one that was torn apart by a wolf,
field” is mentioned is because there it is common for her to shout without anyone coming to her aid. 71 Devarim
23, 11. 72 Mechilta. 73 This prohibition is called −ÔìÔíöÌôþÖNÖÖa—“ flesh from a living animal.” 74 Devarim 14, 21.
75 Which is more lenient than neveilah. 76 The þÓôÒìÖîñÔš is formulated thus: If neveilah which is more stringent than
tereifah in that it renders ritually unclean anyone touching, or even carrying it, yet may be sold to a gentile, then, 37 Bava Kamma 106a. 38 In these instances the watchman could have taken precautions to prevent the animal
certainly, tereifah, which does not cause ritual uncleanness, may be sold to a gentile. in his charge from being killed. # 26015-EYAL - 26015-SHMOT-EYAL | 11 - B | 18-07-18 | 09:55:45 | SR:-