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Meshech Chochma — Mishpotim 5783

Выпуск: Meshech Chochma — Mishpotim 5783. Темы: family_education, parsha_commentary. Поисковые термины: воспитание, дети, семья, chinuch, family, חינוך, ילדים, משפחה, недельная глава, парша, parsha, פרשה, פרשת השבוע. Behold, the pasuk states (Bamidbar 35:31), “ ַ‫ — וְ ֹלא תִ קְ חּו כ ֹפֶ ר לְ נֶפֶ ׁש ר ֹצֵ ח‬do not take ransom for the soul of the murderer,” [this teaches us that] only for a murderer we do not take ransom,4 but for loss of a limb or other injury there is ransom. That is generally true in all such cases, with the exception of physical injury, for the Torah explicitly included one who injures his fellow in monetary payments, as it says, “‫ — רַ ק ׁשִ בְ ּתו ֹ יִ ּתֵ ן וְ רַ ּפ ֹא יְ רַ ּפֵ א‬only for his lost time he shall pay, and for his healing” (Shemot 21:19). With this we can understand with full precision the words of the pasuk in the case of a murderer (Bamidbar 35:31), “ ַ‫ — וְ ֹלא תִ קְ חּו כ ֹפֶ ר לְ נֶפֶ ׁש ר ֹצֵ ח‬do not take ransom for the soul of the murderer,” from which Chazal infer (Bava Kama 83b), “‫ — אבל לראשי אברים אתה לוקח‬but for loss of limb you may take ransom.” According to R’ Eliezer, we are taking ransom of the damager’s eye that should have been taken out, as opposed to the case of murder where we take his soul mamash, with no possibility of ransom. In that case no one asks, what does the family of the dead person gain from the beit din killing his murderer, for it is middah k’neged middah.” So too here, based on middah k’neged middah, the punishment should be “ayin tachat ayin” — mamash! (Shemot 21:24) She’eylat HaKeytzad — Asking “How?” The Torah states that the punishment for inflicting injury on another is “‫ — עַ יִ ן ּתַ חַ ת עַ יִ ן‬an eye for an eye.” As we know, the halachah is that the perpetrator does not actually have his own eye taken out but instead pays the victim the value of his eye. At the same time, the Gemara (Bava Kama 83b–84a) did not refrain from getting involved in the question of “keytzad,” namely, how can we find a source for kabbalat Chazal in the pesukim even though the basis for the halachah is not the pasuk but the kabbalah of Chazal? After a long discussion (two amudim of Gemara!), Chazal find a source for the halachah through a gezeirah shavah.1 1 Gezeirah shavah is one of the principles of midrash halachah whereby a key word that features in two different places in She’eylat HaMadu

Издание

Meshech Chochma

Дата

16 февраля 2023 г.

Страниц

5

Темы: family_education, parsha_commentary