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[335] Shemos—Mishpatim 23:2 á:âë íéèôùîZúåîù #26015-EYAL - 26015-SHMOT-EYAL | 11 - A | 18-07-18 | 09:55:45 | SR:-- | Yellow 26015-EYAL - 26015-SHMOT-EYAL | 11 - A | 18-07-18 | 09:55:45 | SR:-- | Magenta 26015-EYAL - 26015-SHMOT-EYAL | 11 - A | 18-07-18 | 09:55:45 | SR:-- | Cyan 26015-EYAL - 26015-
Shemos—Mishpatim 22:9

Do not respond with your opinion in a dispute ë†Ìþ-ñÔ¼í¤ÓòμÞÔ³-êGÐî 9. If a man gives his neighbor, eí•Ñ¼Ñþ-ñÓêL−·Ìê »öÑzÌ−-−ÞÌk.¬
a donkey, an ox, a sheep, í§ÓN-Bê þB 'L-Bê þB·ôÎì

AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA RASHI é"ùø AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA RASHI é"ùø AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
From here they derived eLÐþÖcöêÖkÌô
“this object, about which you swore ,î−ÖñÖ¼ÖzмÔaÐLÌpÓLíÓï êeí −Ìk
that a guilty verdict should not be arrived at íÖëBìÐñö−ÌhÔôö−ÑêÓL
5
[that it was stolen]; is [really] in your possession.” ,EÐñЮÓê êeí −ÑþÎí
by a majority of one judge. 6 ;ðÖìÓêö−ÖiÔc³Ô¼ÖþÐ×ÔíÐa SHMOT
Then their dispute shall come before the judges, ,óÓí−ÑòÐL-þÔëÐcêÒëÖ−ö−Ìò−ÖiÔcÔíðÔ¼
And they explain the end of the verse as follows: ,eLÐþÖcêÖþКÌnÔí ¹B½Ðî
and they will examine the testimony. ,ó−ÌðѼÖí³ÓêeþКÐìÔ−Ðî
“It must be decided by a majority,” .³Ò ÞhÔíÐñó−ÌaÔþ−ÑþÎìÞÔê
If they [turn out to] be honest óÑíó−ÌþÑLÐkóÌêÐî
[meaning] that if there are two more for conviction þѳB− ö−Ìë−ÐiÔìÐôóÌ−ÔòÐLLÑ−óÌêÓL
and they [Beis Din] find the watchman guilty, 23 ,íÓïþÑôBLÐñ eíe¼−ÌLÐþÔ−Ðî
than there are for acquital, ,ö−ÌkÔïÐôÔíñÔ¼
he must pay twofold. ,óÌ−ÔòÐLóÑlÔLÐ−
then decide the case according to them (the majority) óÓí−ÌtñÔ¼ö−ÌcÔííÑhÔí
But if the witnesses perjure themselves ,ó−ÌðѼÖí³Óê e¼−ÌLÐþÔ−óÌêÐî
for a guilty verdict. ,íÖëBìÐñ
for they are found to be conspiring witnesses (ö−ÌôÐôBï), 24 ,ö−ÌôÐôBï eêЮÐôÌpÓL
[According to this explanation]
they must then pay twofold to the watchman. 25 26 .þÑôBMÔñóÌ−ÔòÐLóÑí eôÐlÔLÐ−
this verse is dealing with capital crimes. 7 ;þÑaÔðÐô ëe³ÖkÔí ³BLÖõÐò−Ñò−ÌðÐëe
However, our Sages of blessed memory ñ"ï eò−ѳBaÔþÐî
And they explained the middle of the verse as follows: ,eLÐþÖðêÖþКÌnÔí¼Ô®ÐôÓêÐî
expounded it [that the watchman claims:] eLÐþÖc
ë−ÌþñÔ¼íÓòμԳêGÐî [should be understood] ,áÄÉø-ìÇòäÆðÂòÞÇ ú-àG
“This is it!” [i.e., “this is what remains of the object, "íÓï êeí −Ìk,,
[as if it were written] ëÔþñÔ¼ (against the elder), ,ëÔþñÔ¼ the rest was stolen], which teaches us ,ðÑnÔñÐ ñ
i.e., that one must not contradict ö−ÌšÐñBì ö−ÑêÓL
a more eminent member of the court. ,ö−Ìc³−ÑëÐaÓLêÖñÐõeô ñÔ¼ that we do not obligate him to take an oath íÖ¼eëÐL B³Bê ö−Ìë−ÐiÔìÐôö−ÑêÓL
,³Ö®ÐšÌôÐëíÖðBí öÑkóÌêêÖlÓê
unless he made a partial admission
It is for this reason that CÖ×−ÌõÐñ
in capital cases we begin ³BLÖõÐò−Ñò−ÌðÐa ö−Ìñ−ÌìгÔô by saying: So much and so much I owe you ,EÐñë−ÖiÔì−ÌòÎêCÖ×ÐîCÖkþÔôBñ
but the rest was stolen from me.” 27 :−ÌòÓnÌôëÔòÐèÌòþÖ³BnÔíÐî
[hearing the opinions of the judges] from öÌô
[9] If a man gives his neighbor eäÅòÅø-ìÆàLéÄàïÅzÄé-éÞÄk [è]
the side [benches], ZðÔvÔí
i.e., the youngest among them öÓíÖaÓLó−ÌpԬКÌñ a donkey or an ox. .øBL-Bà øBîÂç
are the first ones asked to state their opinion. 89 .óÖzмÔc³ÓêeþÐôêÒiÓLíÖlÌìÐz ö−ÌñÎêBL The first section 28 deals with íÖþÐôÍêÓòíÖòBLêÌþíÖLÖþÖt 11
According to [the above] words of our Sages, eò−ѳBaÔþ−ÑþÐëÌð−ÌõÐñe a óÖpÌìþÑôBL—a watchman who receives no compensation. ,óÖpÌìþÑôBLÐë
the interpretation of the verse is as follows: ,êÖþКÌnÔí öBþгÌtCÖk
23 24 Of having stolen the item himself. 25 I.e., it was discovered that at the time of which they testified, they were
Do not follow the majority to do evil— ,úÉòÈøÀì íéÄaÇø-éÞÅøÂçÞÇàäÆéÀäÞÄú-àG elsewhere and therefore could not have possibly seen what they claim to have seen. Hence they have attempted to
to sentence [a defendant] to death íÖ³−Ìôë−ÑiÔìÐñ wrongfully make the watchman liable. 26 Thus, according to its plain meaning this verse is explained as follows:
on account of the judge [whose vote] ðÖìÓêö−ÖiÔ cñ−ÌëÐLÌa íÓï êeí −ÌkþÔôêÒ−þÓLÎê—about which the witnesses will testify that the object, of which the watchman took an oath that it
was stolen, is still in the possession of the watchman, then . . . óÓí−ÑòÐLþÔëÐðêÒëÖ−ó−ÌšGÍêÖíðÔ¼—let this matter come before
causes those favoring conviction to outnumber ö−ÌëÐiÔìÐôeaÐþÌiÓL the Beis Din, who will investigate the truthfulness of the witnesses . . . eíѼÑþÐñóÌ−ÔòÐLóÑlÔLÐ−ó−ÌíGÍê öe¼−ÌLÐþÔ−þÓLÎê—Then
those who vote for acquital. ;ö−ÌkÔïÐôÔíñÔ¼ whomever the Beis Din finds guilty shall pay twofold to his fellow-man, i.e., if the watchman is guilty, he must pay
twofold to the owner of the item; if the witnesses wrongfully accused the watchman, they must pay the watchman
Do not dispute an elder— ëÔþÖíñÔ¼íÓòμԳêGÐî
double the amount of which they testified. 27 Summary of the Sages’ explanation: The owner claims that he gave
by veering from his opinion. ,î−ÖþÖëÐcÌô ³B¬ÐòÌñ
the watchman two items for safekeeping and the watchman admits to the items. However, he says that he has only
one (íÓï êeí −Ìk) but the other was stolen and, he, being a óÖpÌìþÑôBL—“ a watchman who receives no compensation,”
is not responsible for the theft (see next Rashi). Hence the watchman admits to owing the owner the one item he
5 In capital offenses, where a minimum of 23 judges are required to sit in judgment. 6 E.g., if 12 judges voted for still retains. He must now swear that the other item was actually stolen so as not to have to pay for it. Accordingly
conviction and 11 against, he is not convicted. 7 Sanhedrin 2a. 8 The younger judge states his opinion first so íÓï êeí −ÌkþÔôêÒ−þÓLÎê means: “that the watchman will claim that this is what remains of the items.” 28 Bava Kamma
that he may not be intimidated by an opinion of an elder who might precede him. 9 Sanhedrin 32a. 106b. 29 I.e., v. 6–8.

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