Daily Chumash & Rashi Parshas Mishpatim Sheiyni: Cases involving monetary damage (Monday, 22nd Shevat)

CANAANITE SLAVE LAWS (21:20–21)

Q1: When the Torah says “If a man strikes his bondman or bondwoman,” which type of slave does it mean?

A: A Canaanite bondman, not a Hebrew slave. This is proven from “for he is his property,” meaning a slave owned forever.

Q2: Why is this law repeated, if killing anyone is already forbidden?

A: To teach the special law of one full day: If the slave survives for 24 hours after the blow, the master is not executed.

Q3: What does “with a rod” teach?

A: The blow must be with an instrument that is capable of killing, similar to laws involving killing a Yisrael.

Q4: What is the meaning of “נָקֹם יִנָּקֵם” (he must be avenged)?

A: Execution by the sword, as the word “avenge” elsewhere refers to death by sword.

Q5: What does “if he stands for a day or two, he is not avenged” mean?

A: It refers to surviving a 24-hour period, “a day that is like two days.”

Q6: Why is the master exempt after 24 hours?

A: Because the slave is “his property,” meaning the master would not kill his own monetary asset intentionally.

Q7: What if someone else hits and kills the slave?

A: Then even if the slave dies after 24 hours, the killer is liable for the death penalty. The exemption applies only to the owner.

PREGNANT WOMAN INJURED (21:22–25)

Q8: What does “men are fighting and strike a pregnant woman” mean?

A: They were fighting each other, intending harm to each other, not the woman, but she was struck accidentally.

Q9: What does “וְלֹא יִהְיֶה אָסוֹן” mean?

A: The woman herself suffers no fatal injury.

Q10: What payment is made for the miscarriage?

A: The value of the lost fetuses, calculated as the woman’s market value increase due to pregnancy.

Q11: What does “עָנוֹשׁ יֵעָנֵשׁ” mean here?

A: That the payment is a monetary fine, not physical punishment.

Q12: What does “as the husband places upon him… according to the judges” mean?

A: The husband makes a claim, and the court determines the amount.

Q13: What if the woman does die?

A: “Life for life” — Rashi brings two opinions:

1. Literal execution,
2. Monetary value of her life (if the killer’s intent was toward someone else).

Q14: What is the meaning of “eye for eye”?

A: Monetary compensation, the value of the eye—not physical retaliation.

Q15: What is “burn for burn”?

A: Payment for pain even when no depreciation in value occurs.

Q16: What is “wound for wound”?

A: Payment for all categories: damage, pain, medical costs, lost work, embarrassment.

Q17: What is “bruise for bruise”?

A: Payment for injuries like blood pooling under the skin (חבורה), even without bleeding.

FREEING A SLAVE FOR LOSS OF LIMBS (21:26–27)

Q18: Which type of slave goes free if his owner knocks out his eye or tooth?

A: Only a Canaanite slave — not a Hebrew servant.

Q19: Why are tooth and eye listed specifically?

A:

• If only eye were written, we’d think only limbs present from birth count.
• If only tooth were written, we’d think even baby teeth count.
  Thus each teaches something essential.

Q20: How many limb tips free a slave if damaged?

A: 24 limbs: 10 fingers, 10 toes, 2 ears, nose, and membrum tip.

THE GORING OX (21:28–32)

Q21: What happens if an ox kills a person?

A: The ox is stoned, and its meat may not be eaten.

Q22: Why must the Torah say “its meat may not be eaten”? Isn’t it a carcass anyway?

A: To teach that even if slaughtered properly after the verdict, it remains forbidden.

Q23: How do we know one may not benefit from the ox at all?

A: “The owner is clean” — like someone “cleaned out” of possessions: he gets no benefit whatsoever.

Q24: What if the ox had gored before and was warned?

A: It becomes a mu’ad; the owner is now held responsible.

Q25: What is the owner’s punishment when a mu’ad kills a person?

A: “He too shall die” — by Heavenly death, not by the court.

Q26: How do we know the ox’s liability includes all forms of killing, not just goring?

A: The verse says “and it killed”—any form: biting, trampling, pushing, kicking, etc.

Q27: What is “kofer” (atonement payment)?

A: A court‑imposed monetary ransom instead of the owner’s life.

Q28: For a boy or girl (minor), is the law different?

A: No — this verse teaches the owner is liable for the death of minors as well as adults.

Q29: What if the ox kills a Canaanite slave?

A: The owner pays a fixed 30‑shekel fine, regardless of the slave’s true market value.

THE PIT (21:33–34)

Q30: What is the case of opening a pit?

A: A person uncovers a covered pit.

Q31: Why mention “or if he digs”?

A: To include one who deepens another’s pit—he is fully liable.

Q32: What animals are included in the pit law?

A: All animals, learned via גזירה שווה from Shabbat laws.

Q33: What does the owner of the pit pay?

A: The full damage, giving the carcass to the victim as partial payment.

THE GORING OX OF TWO OWNERS (21:35–36)

Q34: What happens if one ox kills another and both were equal in value?

A: They divide both the live ox and the carcass, teaching that a tam pays half‑damage.

Q35: Why state the case of equal-value animals?

A: To illustrate half‑damage and show:

• A tam is liable only up to its own value,
• If the tam dies after goring, the victim only receives the carcass, even if worth less.

Q36: What happens if the ox was already known to gore (a mu’ad)?

A: The owner pays full damages, and the carcass belongs to the victim.

STEALING AND SELLING ANIMALS (21:37)

Q37: What is the penalty for stealing and slaughtering/selling a bull?

A: Fivefold payment.

Q38: What is the penalty for sheep/goat theft?

A: Fourfold payment.

Q39: Why is theft of a bull fined more heavily than sheep?

A (R’ Yochanan b. Zakkai): Because the thief suffered no embarrassment carrying a bull (it walks).
A (R’ Meir): Because the bull’s lost work value is greater.

BREAKING AND ENTERING (22:1–3)

Q40: What does “if caught in the tunnel” teach?

A: The burglar is considered already dead, as he surely comes prepared to kill.

Q41: What does “there is no bloodguilt” mean?

A: The homeowner is not liable if he kills the intruder.

Q42: What does “if the sun shone on him” mean?

A: A metaphor: If it is clear the thief does not intend to kill—e.g., a father stealing from a son.

Q43: In such a case, what happens if the homeowner kills the thief?

A: He is guilty of murder.

Q44: According to Onkelos, how is “sun shone” interpreted?

A: “If witnesses saw him”—i.e., since his actions are known, he won’t kill to hide himself.

Q45: If the thief survives and is caught with stolen goods, what must he pay?

A: Double the value of the stolen item.

Q46: Why “two live animals” (שניים חיים)?

A: Payment must be live animals or live-value, not carcasses.