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[337] Shemos—Mishpatim 23:3–5 äYâ:âë íéèôùîZúåîù Shemos—Mishpatim 22:6–8 çYå:áë íéèôùîZúåîù [316]

3. Do not show favor [even] to the poor in his dispute. ô :B Þë−ÌþÐaþ£ÔcÐíÓ³êÕ'ññ–ÖðÐî.è 6. If a man gives his neighbor eí•Ñ¼Ñþ-ñÓêL−·Ìê »öÑzÌ−-−ÞÌk.î
4. If you come across your enemy’s ox §EÐëÌ−Ò ÞêþB «L¼„ÔbÐõ̳−¤Ìk.ð money or articles to safeguard þÒ flôÐLÌñ ·ó−ÌñÑ×-Bê ¹Ó½¥Ók
or his donkey going astray, í¢Ó¼ÒzB£þÒôÎìB'ê and they are stolen from the house of the [watch]man, L−¢ÌêÖí³−¤ÑaÌôë£ÔpŠèÐî
bring it back to him. ô :B Þñep£Óë−ÌLÐzë'ÑLÖí if the thief is found, he must pay double. :óÌ−ÞÖòÐLó'ÑlÔLÐ−ë£ÖpÔbÔíê'Ñ®ÖnÌ−-óÌê
5. If you see the donkey of your enemy †EÎêÞÔòN þB¤ôÎìí„ÓêÐþ̳-−ÞÌk.í 7. If the thief is not found, ëflÖpÔbÔí ·êÑ®ÖnÌ−ê¥G-óÌê.ï
lying under its burden, B flêÖOÔô³Ôì¤Ôz ·±ÑëÒþ the owner of the house [the watchman] must come ³Ì−£ÔaÔí-ñÔ¼ÞÔaë'ÔþКÌòÐî
before the judges [Beis Din], [to swear] ó−¢ÌíGÍêÞÖí-ñÓê
AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA RASHI é"ùø AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA that he did not lay a hand B£ðÖ−ì§ÔñÖLê'G-óÌê
on his neighbor’s possessions [for his personal use]. :eíÞѼÑþ³Ó×ê'ÓñÐôÌa
Do not follow the majority to do evil. úÉòÈøÀì íéÄaÇø-éÞÅøÂçÞÇàäÆéÀäÞÄú-àG
8. In every question of dishonesty ¼ÔLÓ”t-þÔëÐc-ñÖk-ñÔ¼.ì
If you see wicked men distorting justice, ,¬ÖtÐLÌôö−ÌhÔôó−̼ÖLÐþÖ³−ÌêÖþóÌêZ
do not say: “since they are the majority óÑíó−ÌaÔþÐîñ−ÌêBí ,þÔôêÒ³êG whether it involves an ox, a donkey, a sheep, í·ÓN-ñÔ¼þB…ôÎì…-ñÔ¼þB ”L-ñÔ¼
I may as well lean towards them.” 11 ,óÓí−ÑþÎìÔêíÓ¬Bò −ÌòÐòÌí a garment, or anything that was [allegedly] lost í†ÖðÑëÎê-ñÖk-ñÔ¼í•ÖôÐñÔN-ñÔ¼
Do not respond, in dispute, to lean, etc. ,'åâå úÉèÀðÄìáÄÉø-ìÇòäÆðÂòÞÇú-àGÀå
And if the defendant should ask you öBðÖpÔíEÐñÖêÐLÌ−óÌêÐî AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA RASHI é"ùø AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA
[your opinion] regarding that judgment, ,¬ÖtÐLÌnÔí B³Bê ñÔ¼
do not respond to him, about the dispute, ë−ÌþÖíñÔ¼eòÓòμÔzñÔê [6] And they are stolen áÇpËâÀå [å]
with a statement that leans towards the majority opinion, ó−ÌaÔþöÖ³Bê −ÑþÎìÎêíÓ¬BpÔíþÖëÖc from the house of the [watch]man— 17 .LéÄàÈä úéÅaÄî
thereby distorting the judgment from the truth. ,Bz−ÌôÎêÑô¬ÖtÐLÌnÔ í³Óê ³BhÔíÐñ according to his own testimony. 18 :î−ÖþÖëÐð−ÌõÐñ
But rather render the decision as it really is ,êeí þÓLÎêÔk¬ÖtÐLÌnÔí³Óê þBôÍêêÖlÓê If the thief is found he must pay— íÅlÇLÀéáÈpÇbÇäàÅöÈnÄé-íÄà
and let the collar (i.e., the responsibility) hang −eñÖ³þÖñBwÐî the thief shall pay two-fold to the owners. 19 :ó−ÌñÖ¼ÐaÔñ.óÌ−ÞÖòÐLëÖpÔbÔí
from the necks of the majority. :ó−ÌaÔþÖíþêÔeÔ®Ða
[7] If the thief is not found— .áÈpÇbÇäàÅöÈnÄé àG-íÄà [æ]
[3] Do not show favor. .øÇcÀäÆú-àG [â] then this watchman, who is the owner of the house— ,³Ì−ÔaÔíñÔ¼Ôa êeíÓL,íÓfÔíþÑôBMÔíêÖëe
Do not show special regard for him ðBëÖ× Bñ šBñÎìÔ³êG must come— .áÇøÀ÷ÄðÀå
by finding in his favor in a lawsuit, ö−ÌcÔë B³BkÔïÐñ to the judges, ,ö−Ìò−ÖiÔcÔíñÓê
and say, “He is poor. êeí ñÔc,þÔôBñÐî so as to adjudicate the case between him (the watchman) öeðÖñ
I will find in his favor and show him regard.” :epÓðÐaÔ×ÎêÔîepÓkÔïÎê and the other (the original owner of the object), íÓïó̼
[5] If you see the donkey of your enemy, etc. 12 .'åâå EÂàÞÇðN øBîÂçäÆàÀøÄú-éÞÄk [ä] and he must swear to him Bñ ¼ÔëÖM−ÌñÐî
Here you have the word −Ìk being used LÑnÔLÐô−Ìk−ÑþÎí that he did not in any way misappropriate his property. 20 :BlÓLÐëBðÖ−ìÔñÖLêHÓL
to mean: “perhaps” (or “possibly”), ,êÖôÐñÌc öBLÐñ
[8] In every question of dishonesty. .òÇLÆt-øÇáÀc-ìÈk-ìÞÇò [ç]
which is one of the four meanings ³BòBLÐñ¼ÔaÐþÔêÑô êeíÓL Where he is found to have lied under oath— ZB³Ö¼eëÐLÌaöÖþКÔLêÑ®ÖnÌiÓL
that the word −Ìk is used to express. ,−Ìk−ÑLenÌLñÓL where witnesses testify that he (the watchman) êeíÓLó−ÌðѼ eð−̼ÖiÓL
This is, then, how [the verse] is to be interpreted: ,BòBþгÌõíÒ×Ðî stole it himself ZBëÖòÐèBôЮԼ
It is possible that you might see his donkey BþBôÎìíÓêÐþ̳êÖnÓL and the court finds him guilty [of perjury], ó−ÌíGÍê eíe¼−ÌLÐþÔ−Ðî
lying under its burden— BêÖOÔô³ÔìÔz±ÑëBþ
based on the testimony of the witnesses, [then—] ,ó−ÌðѼÖí−ÌtñÔ¼

11 Since, ultimately, my opinion will make no difference. 12 However, Rashi does not explain it according to our 17 We could not possibly know this as a fact for the watchman must swear to this! (S.C.) 18 I.e., L−ÌêÖí³−ÑaÌôëÔpŠèÐî is
English translation. not a given fact, but, rather, the claim made by the watchman. 19 Bava Kamma 63b. 20 See Ramban. # # 26015-EYAL - 26015-SHMOT-EYAL | 11 - B | 18-07-18 | 09:55:45 | SR: