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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: