Difference between revisions of "Injury to Bystanders and the Meaning of "יהיה אסון"/2"
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<p>The Torah contrasts a case in which neither the pregnant woman nor her child suffer an "אָסוֹן", with a case in which one or the other does.</p> | <p>The Torah contrasts a case in which neither the pregnant woman nor her child suffer an "אָסוֹן", with a case in which one or the other does.</p> | ||
<mekorot>Karaites, Cassuto, Modern scholars</mekorot> | <mekorot>Karaites, Cassuto, Modern scholars</mekorot> | ||
| − | <point><b>"וְיָצְאוּ יְלָדֶיהָ"</b> – According to these sources, this phrase refers to a premature birth, but not to a miscarriage. | + | <point><b>"וְיָצְאוּ יְלָדֶיהָ"</b> – According to these sources, this phrase refers to a premature birth, but not to a miscarriage.</point> |
<point><b>Definition of "אָסוֹן"</b> – This position could understand the word in one of two ways:<br/> | <point><b>Definition of "אָסוֹן"</b> – This position could understand the word in one of two ways:<br/> | ||
<ul> | <ul> | ||
| − | <li><b>Death</b> – The | + | <li><b>Death</b> – The kataies and Cassuto understand the word to refer to death. The Torah teaches that if despite the early delivery, neither the mother nor her child die, the perpetrator only pays a monetary fine.  However, if either mother or child dies, he pays a "soul for a soul".  According to this read, it is not clear why the Torah then continues with a list of penalties for other bodily injuries (an "eye for an eye" etc.) which are unrelated to the case at hand.</li> |
<li><b>Injury</b> – Alternatively, it is possible that the word refers to an injury and the Torah is contrasting a case in which neither mother nor child suffered any physical harm from the accidental strike, with a case in which any injury, from loss of a tooth to death, occurred.  As such, it is obvious why the Torah does not suffice with mentioning the penalty of "soul for soul" but continues with an "eye for an eye" etc.</li> | <li><b>Injury</b> – Alternatively, it is possible that the word refers to an injury and the Torah is contrasting a case in which neither mother nor child suffered any physical harm from the accidental strike, with a case in which any injury, from loss of a tooth to death, occurred.  As such, it is obvious why the Torah does not suffice with mentioning the penalty of "soul for soul" but continues with an "eye for an eye" etc.</li> | ||
</ul></point> | </ul></point> | ||
| − | <point><b>Relationship between the phrases "וְיָצְאוּ יְלָדֶיהָ" and "וְלֹא יִהְיֶה אָסוֹן"</b> – According tot his position, these two phrases reinforce each other, with both stressing how the victims were not unduly harmed.</point> | + | <point><b>Relationship between the phrases "וְיָצְאוּ יְלָדֶיהָ" and "וְלֹא יִהְיֶה אָסוֹן"</b> – According tot his position, these two phrases reinforce each other, with both stressing how the victims were not unduly harmed.<fn>See below that most of the other positions read them as standing in contrast to one another.</fn></point> |
<point><b>Why pay a monetary fine?</b> If both mother and fetus survive intact, it is not clear why there should be a monetary fine at all:<br/> | <point><b>Why pay a monetary fine?</b> If both mother and fetus survive intact, it is not clear why there should be a monetary fine at all:<br/> | ||
<ul> | <ul> | ||
| − | <li>The Karaites suggest that the aggressor is paying for the woman's suffering ("צער"), rather than bodily damage. </li> | + | <li>The Karaites suggest that the aggressor is paying for the woman's suffering ("צער") or embarrassment ("בושת"), rather than bodily damage.<fn>R. D"Z Hoffmann questions why the Torah would need to present a unique case so as to teach these laws, as they are included in the previous laws of verses 18-19. These sources might answer that in fact the Torah really brought the case only for its second half, when the bystander is actually harmed, since that law is not previously covered and not necessarily self-evident.</fn> </li> |
| − | <li>Cassuto, in contrast, suggests that though no one died, there might have been other damage to the victims which needs compensation.<fn>This is consistent with his understanding of ""</fn> | + | </ul> |
| − | + | <ul> | |
| + | <li>Cassuto, in contrast, suggests that though no one died, there might have been other damage to the victims which needs compensation.<fn>This is consistent with his understanding of the word "" as death.  Those who read it as injury, however, would have to explain like the Karaites, that the fine compensates for the woman's suffering or embarrassment.</fn></li> | ||
</ul></point> | </ul></point> | ||
</category> | </category> | ||
Version as of 11:16, 3 February 2016
Injury to Bystanders and the Meaning of "וְלֹא יִהְיֶה אָסוֹן"
Exegetical Approaches
Woman or Fetus
The Torah contrasts a case in which neither the pregnant woman nor her child suffer an "אָסוֹן", with a case in which one or the other does.
Sources:Karaites, Cassuto, Modern scholars
"וְיָצְאוּ יְלָדֶיהָ" – According to these sources, this phrase refers to a premature birth, but not to a miscarriage.
Definition of "אָסוֹן" – This position could understand the word in one of two ways:
- Death – The kataies and Cassuto understand the word to refer to death. The Torah teaches that if despite the early delivery, neither the mother nor her child die, the perpetrator only pays a monetary fine. However, if either mother or child dies, he pays a "soul for a soul". According to this read, it is not clear why the Torah then continues with a list of penalties for other bodily injuries (an "eye for an eye" etc.) which are unrelated to the case at hand.
- Injury – Alternatively, it is possible that the word refers to an injury and the Torah is contrasting a case in which neither mother nor child suffered any physical harm from the accidental strike, with a case in which any injury, from loss of a tooth to death, occurred. As such, it is obvious why the Torah does not suffice with mentioning the penalty of "soul for soul" but continues with an "eye for an eye" etc.
Relationship between the phrases "וְיָצְאוּ יְלָדֶיהָ" and "וְלֹא יִהְיֶה אָסוֹן" – According tot his position, these two phrases reinforce each other, with both stressing how the victims were not unduly harmed.1
Why pay a monetary fine? If both mother and fetus survive intact, it is not clear why there should be a monetary fine at all:
- The Karaites suggest that the aggressor is paying for the woman's suffering ("צער") or embarrassment ("בושת"), rather than bodily damage.2
- Cassuto, in contrast, suggests that though no one died, there might have been other damage to the victims which needs compensation.3
