Lang: he;
Title: שמות פרק כא;
Content:
(א) וְאֵלֶּה הַמִּשְׁפָּטִים אֲשֶׁר תָּשִׂים לִפְנֵיהֶם.
(ב) כִּי תִקְנֶה עֶבֶד עִבְרִי שֵׁשׁ שָׁנִים יַעֲבֹד וּבַשְּׁבִעִת יֵצֵא לַחׇפְשִׁי חִנָּם.
(ג) אִם בְּגַפּוֹ יָבֹא בְּגַפּוֹ יֵצֵא אִם בַּעַל אִשָּׁה הוּא וְיָצְאָה אִשְׁתּוֹ עִמּוֹ.
(ד) אִם אֲדֹנָיו יִתֶּן לוֹ אִשָּׁה וְיָלְדָה לוֹ בָנִים אוֹ בָנוֹת הָאִשָּׁה וִילָדֶיהָ תִּהְיֶה לַאדֹנֶיהָ וְהוּא יֵצֵא בְגַפּוֹ.
(ה) וְאִם אָמֹר יֹאמַר הָעֶבֶד אָהַבְתִּי אֶת אֲדֹנִי אֶת אִשְׁתִּי וְאֶת בָּנָי לֹא אֵצֵא חׇפְשִׁי.
(ו) וְהִגִּישׁוֹ אֲדֹנָיו אֶל הָאֱלֹהִים וְהִגִּישׁוֹ אֶל הַדֶּלֶת אוֹ אֶל הַמְּזוּזָה וְרָצַע אֲדֹנָיו אֶת אׇזְנוֹ בַּמַּרְצֵעַ וַעֲבָדוֹ לְעֹלָם.
(ז) וְכִי יִמְכֹּר אִישׁ אֶת בִּתּוֹ לְאָמָה לֹא תֵצֵא כְּצֵאת הָעֲבָדִים.
(ח) אִם רָעָה בְּעֵינֵי אֲדֹנֶיהָ אֲשֶׁר [לוֹ] (לא) יְעָדָהּ וְהֶפְדָּהּ לְעַם נׇכְרִי לֹא יִמְשֹׁל לְמׇכְרָהּ בְּבִגְדוֹ בָהּ.
(ט) וְאִם לִבְנוֹ יִיעָדֶנָּה כְּמִשְׁפַּט הַבָּנוֹת יַעֲשֶׂה לָּהּ.
(י) אִם אַחֶרֶת יִקַּח לוֹ שְׁאֵרָהּ כְּסוּתָהּ וְעֹנָתָהּ לֹא יִגְרָע.
(יא) וְאִם שְׁלׇשׁ אֵלֶּה לֹא יַעֲשֶׂה לָהּ וְיָצְאָה חִנָּם אֵין כָּסֶף.
(יב) מַכֵּה אִישׁ וָמֵת מוֹת יוּמָת.
(יג) וַאֲשֶׁר לֹא צָדָה וְהָאֱלֹהִים אִנָּה לְיָדוֹ וְשַׂמְתִּי לְךָ מָקוֹם אֲשֶׁר יָנוּס שָׁמָּה.
(יד) וְכִי יָזִד אִישׁ עַל רֵעֵהוּ לְהׇרְגוֹ בְעׇרְמָה מֵעִם מִזְבְּחִי תִּקָּחֶנּוּ לָמוּת.
(טו) וּמַכֵּה אָבִיו וְאִמּוֹ מוֹת יוּמָת.
(טז) וְגֹנֵב אִישׁ וּמְכָרוֹ וְנִמְצָא בְיָדוֹ מוֹת יוּמָת.
(יז) וּמְקַלֵּל אָבִיו וְאִמּוֹ מוֹת יוּמָת.
(יח) וְכִי יְרִיבֻן אֲנָשִׁים וְהִכָּה אִישׁ אֶת רֵעֵהוּ בְּאֶבֶן אוֹ בְאֶגְרֹף וְלֹא יָמוּת וְנָפַל לְמִשְׁכָּב.
(יט) אִם יָקוּם וְהִתְהַלֵּךְ בַּחוּץ עַל מִשְׁעַנְתּוֹ וְנִקָּה הַמַּכֶּה רַק שִׁבְתּוֹ יִתֵּן וְרַפֹּא יְרַפֵּא.
(כ) וְכִי יַכֶּה אִישׁ אֶת עַבְדּוֹ אוֹ אֶת אֲמָתוֹ בַּשֵּׁבֶט וּמֵת תַּחַת יָדוֹ נָקֹם יִנָּקֵם.
(כא) אַךְ אִם יוֹם אוֹ יוֹמַיִם יַעֲמֹד לֹא יֻקַּם כִּי כַסְפּוֹ הוּא.
(כב) וְכִי יִנָּצוּ אֲנָשִׁים וְנָגְפוּ אִשָּׁה הָרָה וְיָצְאוּ יְלָדֶיהָ וְלֹא יִהְיֶה אָסוֹן עָנוֹשׁ יֵעָנֵשׁ כַּאֲשֶׁר יָשִׁית עָלָיו בַּעַל הָאִשָּׁה וְנָתַן בִּפְלִלִים.
(כג) וְאִם אָסוֹן יִהְיֶה וְנָתַתָּה נֶפֶשׁ תַּחַת נָפֶשׁ.
(כד) עַיִן תַּחַת עַיִן שֵׁן תַּחַת שֵׁן יָד תַּחַת יָד רֶגֶל תַּחַת רָגֶל.
(כה) כְּוִיָּה תַּחַת כְּוִיָּה פֶּצַע תַּחַת פָּצַע חַבּוּרָה תַּחַת חַבּוּרָה.
(כו) וְכִי יַכֶּה אִישׁ אֶת עֵין עַבְדּוֹ אוֹ אֶת עֵין אֲמָתוֹ וְשִׁחֲתָהּ לַחׇפְשִׁי יְשַׁלְּחֶנּוּ תַּחַת עֵינוֹ.
(כז) וְאִם שֵׁן עַבְדּוֹ אוֹ שֵׁן אֲמָתוֹ יַפִּיל לַחׇפְשִׁי יְשַׁלְּחֶנּוּ תַּחַת שִׁנּוֹ.
(כח) וְכִי יִגַּח שׁוֹר אֶת אִישׁ אוֹ אֶת אִשָּׁה וָמֵת סָקוֹל יִסָּקֵל הַשּׁוֹר וְלֹא יֵאָכֵל אֶת בְּשָׂרוֹ וּבַעַל הַשּׁוֹר נָקִי.
(כט) וְאִם שׁוֹר נַגָּח הוּא מִתְּמֹל שִׁלְשֹׁם וְהוּעַד בִּבְעָלָיו וְלֹא יִשְׁמְרֶנּוּ וְהֵמִית אִישׁ אוֹ אִשָּׁה הַשּׁוֹר יִסָּקֵל וְגַם בְּעָלָיו יוּמָת.
(ל) אִם כֹּפֶר יוּשַׁת עָלָיו וְנָתַן פִּדְיֹן נַפְשׁוֹ כְּכֹל אֲשֶׁר יוּשַׁת עָלָיו.
(לא) אוֹ בֵן יִגָּח אוֹ בַת יִגָּח כַּמִּשְׁפָּט הַזֶּה יֵעָשֶׂה לּוֹ.
(לב) אִם עֶבֶד יִגַּח הַשּׁוֹר אוֹ אָמָה כֶּסֶף שְׁלֹשִׁים שְׁקָלִים יִתֵּן לַאדֹנָיו וְהַשּׁוֹר יִסָּקֵל.
(לג) וְכִי יִפְתַּח אִישׁ בּוֹר אוֹ כִּי יִכְרֶה אִישׁ בֹּר וְלֹא יְכַסֶּנּוּ וְנָפַל שָׁמָּה שּׁוֹר אוֹ חֲמוֹר.
(לד) בַּעַל הַבּוֹר יְשַׁלֵּם כֶּסֶף יָשִׁיב לִבְעָלָיו וְהַמֵּת יִהְיֶה לּוֹ.
(לה) וְכִי יִגֹּף שׁוֹר אִישׁ אֶת שׁוֹר רֵעֵהוּ וָמֵת וּמָכְרוּ אֶת הַשּׁוֹר הַחַי וְחָצוּ אֶת כַּסְפּוֹ וְגַם אֶת הַמֵּת יֶחֱצוּן.
(לו) אוֹ נוֹדַע כִּי שׁוֹר נַגָּח הוּא מִתְּמוֹל שִׁלְשֹׁם וְלֹא יִשְׁמְרֶנּוּ בְּעָלָיו שַׁלֵּם יְשַׁלֵּם שׁוֹר תַּחַת הַשּׁוֹר וְהַמֵּת יִהְיֶה לּוֹ.
(לז) כִּי יִגְנֹב אִישׁ שׁוֹר אוֹ שֶׂה וּטְבָחוֹ אוֹ מְכָרוֹ חֲמִשָּׁה בָקָר יְשַׁלֵּם תַּחַת הַשּׁוֹר וְאַרְבַּע צֹאן תַּחַת הַשֶּׂה.
===
Lang: en;
Title: Shemot 21;
Content:
(1) And these are the ordinances which you shall set before them:
(2) If you buy a Hebrew slave,a Hebrew slave | עֶבֶד עִבְרִי – Though the term is ambiguous and can also sustain the meaning: "a slave of a Hebrew," allowing for the possibility that the verse speaks also of Canaanite slaves, Rabbinic consensus is that the verse refers only to a Hebrew slave (Mekhilta DeRabbi Yishmael). he shall work for six years and in the seventhin the seventh | וּבַשְּׁבִעִת – See Rashbam (and most commentators) that the verse refers to the seventh year from the time the slave was bought. Cf. R"Y Bekhor Shor who uniquely suggests that the verse refers to the Sabbatical year when agricultural work is prohibited. he shall go free,go free | יֵצֵא לַחׇפְשִׁי – It is debated whether the word "לַחׇפְשִׁי" is an adjective with an extraneous "ל" in the beginning (compare the "ל" of "לְאַבְשָׁלוֹם" in Divrei HaYamim I 3:2) or a noun ("to freedom") with a superfluous "י" at the end, similar to "הַיֹּשְׁבִי" of Tehillim 123:1 (Ibn Ezra). gratis.gratis | חִנָּם – Both the Hebrew "חנם" and the English "gratis" relate to the word grace/חן. The verse teaches that there is no redemptive fee, and even if the master had paid for medical expenses and the like the freed slave is not obligated to pay him back (Mekhilta DeRashbi).
(3) If he comes alone,alone | בְּגַפּוֹ – The root "גּף" occurs only here and in Mishlei 9:3. Though all agree that our verse refers to the slave's arriving unmarried, the noun's etymology is debated. It might relate to the word "גב", a back (R. Saadia Gaon), "גוף", a body (Ibn Ezra), or "כנף", an edge, often of a cloak (Rashi, Shadal, understanding that the verse is saying that he came with nothing but the coat on his back, and compare Bereshit 32:11). he shall go out alone; if he is husband to a wife, his wife shall go out with him.
(4) If his master gives him a wife and she bears him sons or daughters, the wife and her children shall be her masters, and he shall go out alone.
(5) And if the slave should clearly say,clearly say | אָמֹר יֹאמַר – This form, an infinitive followed by another form of the verb, generally expresses emphasis. However, the Sages learn from the doubling that the slave may only continue his servitude and have his ear pierced if he repeated this declaration both during his term of service and when it was completed (Mekhilta DeRabbi Yishmael). "I love my master, my wife, and my children, I shall not go free",
(6) his master shall have him approach the judges,judges | הָאֱלֹהִים – See Mekhilta DeRabbi Yishmael that the word takes its secular meaning of "judges" and see Ibn Ezra that they are so-called because they "establish God's laws in the land". and have him approach the door or the doorpost, and his master shall pierce his ear with the awl,with an awl | בַּמַּרְצֵעַ – This term might refer to any tool used for piercing. and he shall serve him forever.forever | לְעֹלָם – See Rashbam that the connotation is: "for life", pointing to the term's usage in Shemuel I 1:22. However, the Sages learn from Vayikra 25:10 that the slave goes free at the Jubilee year (Mekhilta DeRabbi Yishmael).
(7) And if a man sells his daughter as a handmaid, she shall not go out as the male slaves do.
(8) If she is unpleasing in the eyes of her master to whom she was designated,to whom she was designated | אֲשֶׁר לוֹ יְעָדָהּ – This is the way the clause is read; in the Torah, though, it is written: "אֲשֶׁר לא יְעָדָהּ", "that he did not designate her". The intent is the same; though she was sold with the intent that her master designate her as his wife, he did not do so. he must let her be redeemed. He has no authorityHe has no authority | לֹא יִמְשֹׁל – The root "משל" means to rule or have dominion over, here referring to authority. It is not clear if the clause refers to the master (R"Y Bekhor Shor), the father (Bavli Kiddushin 18b, Mekhilta DeRabbi Yishmael), or both (Rashi). to sell her to a foreign peopleto a foreign people | לְעַם נׇכְרִי – See Mekhilta DeRabbi Yishmael that the verse prohibits selling the maidservant to a Gentile, or R"Y Bekhor Shor that it prohibits the master from giving the woman in marriage to his Canaanite slave. Alternatively: "to another person" (Targum Onkelos), prohibiting selling the maidservant to even an Israelite, and see R. Saadia (Bereshit 40:4) that "עם" might sometimes refer to an individual, as in the phrase "הֲגוֹי גַּם צַדִּיק תַּהֲרֹג" (will you kill even an innocent nation/person), where "גוי" might be a reference to just one person. Cf. Shadal and R. D"Z Hoffmann who suggest that the term refers to a non-relative, understanding "עם" to mean "family" or "tribe" rather than nation. once he has betrayed her.once he has betrayed her | בְּבִגְדוֹ בָהּ – The subject is ambiguous and might refer either to the master who betrayed the maidservant by not taking her in marriage, or to the father who betrayed his daughter by selling her (see R. Yishmael and R. Yonatan b. Avtalmos in Mekhilta DeRabbi Yishmael, respectively).
(9) And if he designates her to his son, he shall deal with her as is the legal custom of daughters.
(10) And if he takes another, he shall not diminish her food,her food | שְׁאֵרָהּ – Literally: "her flesh". This could refer to meat, as in Tehillim 78:27, and here, by extension, to all food (many commentators). Ibn Ezra reaches the same conclusion but translates: "(that which sustains) her flesh". He also suggests that the word might relate to the noun "מִשְׁאֶרֶת", a kneading bowl (Devarim 28:5), and refer to bread. Cf. R. Yehuda HaNasi in Mekhilta DeRabbi Yishmael and Ramban that here the term refers to sexual intercourse, pointing to the root's usage in this context in Vayikra 18:6-13. clothingher clothing | כְּסוּתָהּ – The noun relates to the verbal root "כסה", to cover, and might more literally be translated as: "covering". and cohabitation.cohabitation | וְעֹנָתָהּ – The word might relate to the noun "מעונה", a dwelling, and refer either to shelter (Rashbam) or sexual intercourse (see R. D"Z Hoffmann). Alternatively, it relates to the noun "עונה" or "עת", a season or period of time, referring to a set time for relations (Ibn Ezra). Cf. Shadal that the word relates to the root "ענה", to respond or to fulfill a request, and thus came to mean "the fulfilling of a matter's conditions", or in this case: one's "conjugal rights".
(11) And if he does not do these three things for her, she shall go out gratis, without money.without money | אֵין כָּסֶף – See R. Saadia (quoted by Ibn Ezra) that this is simply an elaboration of the previous clause, emphasizing that the handmaid need not pay anything when she is freed.
(12) He who strikes a man so that he dies, shall surely be put to death.
(13) But he who did not act with premeditation,did not act with premeditation | וַאֲשֶׁר לֹא צָדָה – Similarly: "he did not lie in wait for him" or "he did not act intentionally" (See Onkelos, Rashi, and Rashbam, pointing to Bemidbar 35:11 and Shemuel I 24:11 where the root "צדה" implies intent and plotting.) but God caused it to happen, I will make for you a place to which he might flee.place to… flee | מָקוֹם אֲשֶׁר יָנוּס שָׁמָּה – The verse refers to the cities of refuge discussed at length in Bemidbar 35 and Devarim 19. See also Cities of Refuge or Exile.
(14) And if a person schemes against his fellow to kill him with cunning, from my altarfrom my altar | מֵעִם מִזְבְּחִי – As altars were considered places of sanctuary where one accused of murder might flee (see Melakhim II 2:28), the verse stipulates that in cases of intentional murder, even one who is holding onto the horns of the altar should be taken to be punished. you shall take him to die.
(15) And he who strikes his father or mother shall surely be put to death.
(16) And he who kidnaps a person and sells him, and he was found in his hand,and he was found in his hand | וְנִמְצָא בְיָדוֹ – See Rashi and R"Y Bekhor Shor that the connotation is that there were witnesses to the theft and/or sale. Cf. Ramban, following Bavli Sanhedrin 85b, that the phrase teaches that the kidnapper is not guilty until he brings the abductee into his own domain (into "his hand"). Alternatively, the "ו" of "וְנִמְצָא" means "or" rather than "and", so that the verse reads: "whether he has sold him or whether he is found in his hand" (HaKorem, many modern translations). shall surely be put to death.
(17) And he who cursescurses | וּמְקַלֵּל – The word stems from the root "קלל", to be slight, and hence can also mean: "to dishonor", "treat with contempt", or: "to trivialize". It is the opposite of the root "כבד", to be heavy or honored, so that our prohibition is in essence the flipside of the command "honor your father and your mother". However, according to Mekhilta DeRabbi Yishmael, one is not guilty unless one curses their parent with the name of God. his father or mother shall surely be put to death.
(18) And if men quarrel, and a man strikes his fellow with a stone or clod of earth,clod of earth | בְאֶגְרֹף – This word appears only here and in Yeshayahu 58:4, making it difficult to define. See Ibn Ezra who connects it to the noun "מִגְרָפָה" (itself appearing only once, in Yoel 1:17), understood to mean: a clump of dirt. Cf. Rashbam: "brick" or "rock", suggesting that the word must be parallel to "אֶבֶן" in the earlier part of the verse. Alternatively: "fist", as per the word's usage in Rabbinic and modern Hebrew (see R. D"Z Hoffmann, who relates the word to the verb "לגרף" (Shofetim 5:21), which he understands to mean: "to gather in the hand"). For further discussion, see Changing Meanings. and he does not die, but is bedridden,
(19) if he rises and walks about outside on his cane,on his cane | עַל מִשְׁעַנְתּוֹ – Literally: "on his support", and see R. Yishmael in the Mekhilta that the term should be understood metaphorically to mean: "by his own power", that the injured person is cured enough that he can walk without outside assistance. the one who struck will be acquitted; only he shall provide for his loss of workhis loss of work | שִׁבְתּוֹ – Literally: "his cessation", from the root "שבת", or: "his sitting", from the root "ישב" (Ibn Ezra) and to thoroughly heal him.
(20) And if a man strikes his slave or maidservant with a staff,a staff | בַּשֵּׁבֶט – See Rashbam that the verse intentionally chooses an implement with which a master is likely to rebuke a slave, to teach that if he instead struck him with a sword or the like, he would be culpable even if the slave first died after a couple of days. and he dies under his hand,under his hand | תַּחַת יָדוֹ – In other words, the slave died at the time of the smiting, and did not survive a day or two (R. Avraham b. HaRambam). Alternatively: "in his possession," teaching that the master is only accountable if the slave was still in his possession at the time he died. If he smote his slave but sold him before he died, he is not culpable, presumably because the fact that another bought him indicates that the slave did not appear to be dying at the time of the sale (Mekhilta). he shall surely be avenged.
(21) But if he survives a day or two, he shall not be avenged for he is his money.for he is his money | כִּי כַסְפּוֹ הוּא – Since the slave is his property, the owner has a right to rebuke him via physical punishment (but not to kill him), and it is thus assumed that, unless he dies immediately, that his intention was not to kill him (Ibn Ezra, Shadal). According to this reasoning, if one smote a slave who is not one's property, he would be held accountable even if the victim survived a day or two.
(22) And if men fight and they smite a pregnant woman, and her children come out,her children come out | וְיָצְאוּ יְלָדֶיהָ – It is not clear if the phrase refers to a miscarriage (most commentators) or simply to a premature birth (several Karaite commentators). but there is no harm,harm | אָסוֹן – This word appears only here and in the Yosef narratives making it difficult to define precisely. Though in both contexts it relates to some type of injury or accident, it is not clear how severe, i.e. if the verse refers specifically to death (most commentators) or also to lesser injuries. Moreover, it is ambiguous whether the harm spoken of relates to the mother (most commentators), the fetus (several Karaite commentators), or one of the assailants (Rambam). For discussion, and the ramifications of each reading for how Torah views both the status of a fetus and injury to untargeted victims, see ="https://alhatorah.org/Injury_to_Bystanders_and_the_Meaning_of_%22%D7%99%D7%94%D7%99%D7%94_%D7%90%D7%A1%D7%95%D7%9F%22/1/en" target="_blank">Injury to Bystanders. he shall surely be punished as the women's husband imposes upon him, and he shall give according to the judges.according to the judges | בִּפְלִלִים – See Targum Onkelos, Rashi and others, pointing to usage of the root in Shemuel I 2:25. Similarly: "according to the reckoning" (Rashbam), or: "by arbitration".
(23) If there is harm, you shall give life for life,
(24) eye for eye,eye for eye | עַיִן תַּחַת עַיִן – Though the verse appears to refer to talionic punishment, literally giving an eye for an eye, the vast majority of Rabbinic commentators understand the verse metaphorically to refer to monetary compensations. For discussion, see https://alhatorah.org/%22%D7%A2%D6%B7%D7%99%D6%B4%D7%9F_%D7%AA%D6%B7%D6%BC%D7%97%D6%B7%D7%AA_%D7%A2%D6%B7%D7%99%D6%B4%D7%9F%22_%E2%80%93_An_Eye_for_an_Eye/1/en" target="_blank">Eye for an Eye. tooth for tooth, hand, for hand, leg for leg,
(25) burn for burn, wound for wound, bruise for bruise.
(26) And if a man strikes the eye of his slave or the eye of his maidservant, and destroys it, he shall send him free for his eye.
(27) And if he knocks out the tooth of his slave or the tooth of his maidservant, he shall send him free for his tooth.
(28) If an ox gores a man or a woman, and they die, the ox shall surely be stoned, and its flesh shall not be eaten, but the owner of the ox is acquitted.
(29) But if the ox is a gorer from yesterday or the day before, and it was warned about to the owner, but he did not watch over it, and it killed a man or woman, the ox shall be stoned and also its owner shall be put to death.shall be put to death | יוּמָת – See Mekhilta and Bavli Sanhedrin 15a that the verse refers to "death by the hand of God" rather than in human courts.
(30) IfIf | אִם – See R"Y Bekhor Shor, Shadal, and Hoil Moshe that the heirs (or perhaps the court) have the choice of either exacting death or seeking monetary compensation. Alternatively: "when" (Mekhilta DeRashbi and Rashi, understanding that taking a ransom is obligatory, not a choice). a ransom is set for him, he shall give a redemption for his soulfor his soul | נַפְשׁוֹ – See Shadal. Alternatively: "of his soul" with the verse stipulating that he must pay either the value of the person who was killed (R. Yishmael) or the value of the owner of the ox (R. Akiva). as is set upon him.
(31) Whetherwhether | אוֹ – Literally: "or", and see Ramban that the word highlights that this law comes to add to the previous one about an ox goring adults. Alternatively: "if" (rejected opinion in Ramban). it gores a son or gores a daughter, according to this ordinance it shall be done to him.
(32) If the ox gores a slave or a maidservant, he shall give thirty shekels of silver to his master, and the ox shall be stoned.
(33) If a man opens a pit or if a man digs a pit and does not cover it, and an ox or donkey falls into it,
(34) the owner of the pit shall pay; he shall restore money to its owner, and the dead shall be his.shall be his | יִהְיֶה לּוֹ – The verse is ambiguous as to whether the dead body belongs to the one who sustained the loss (see Rashbam) or to the one who caused it (Mekhilta, Bavli Bava Kamma 10b ).
(35) And if a man's ox gores his fellow's ox, and he dies, they shall sell the live ox and halve its money, and also the dead they should halve.
(36) Or if it is known that the ox was a gorer from yesterday or the day before, and the owner did not watch over it, he shall surely pay an ox for the ox, and the dead shall be his.
(37) If a person steals an ox or a sheep and slaughters it or sells it, he shall pay five cattle for the ox and four sheep for the sheep.sheep for the sheep | צֹאן תַּחַת הַשֶּׂה – The Hebrew uses two distinct terms, "צֹאן", referring to the entire category of small domesticated animals, including both goats and sheep, and a "שֶׂה" which refers to any member of that category.