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Shelishi
- Property damage caused by animals: If one’s animal ate the food in another person’s yard, the owner must pay.
- Fire damage: If one’s fire spreads and causes property damage to another, the person who lit the fire must pay.
- Caretaker who lost an object: If a caretaker of an item claims the item was lost or stolen from him, he is to take an oath that he did not take the item. [This applies by a Shomer Chinam-one who was guarding for free, however if he was a Shomer Sechar-guarding for payment, then even] if the item was stolen he must pay for it, although if something happened beyond his control, he is exempt.
- Borrower: If a borrowed item became damaged, the borrower must pay, unless the owner was with him.
- Miscellaneous laws:
- Statutory rape: If one seduces an unmarried virgin, he is to marry her as a wife, and if her father refuses he must pay her father.
- Witches: Do not allow a witch to live.
- Bestiality: One who lies with an animal is to be put to death.
- Idolatry: One who slaughters to other G-ds shall be destroyed.
- Verbal abuse against converts, widows and orphans: Do not oppress a convert, widow or orphan as if you do Hashem will hear their cry and take His wrath out on you, turning your wives to widows and sons to orphans.
- Loans: If you lend money to a Jew you may not collect interest on the loan. You may also not pressure them to pay. If you collect clothing as collateral of a debt, you shall return it by sundown.
Q&A on Rashi
Rashi Q&A – Shemot 22:4–26
Damage by Animals (22:4)
Q1: What does “יַבְעֶר…וּבִעֵר” mean?
A: Both come from the root connected to “animals.”
- וְשִׁלַּח = trampling with the foot (regel).
- וּבִעֵר = eating/consuming with the tooth (shen).
Q2: What does “בִּשְׂדֵה אַחֵר” teach?
A: The damage must occur in another person’s field, not the owner’s own.
Q3: What is “מֵיטַב שָׂדֵהוּ…יְשַׁלֵּם”?
A: Damages must be paid from the best-quality land of the damager.
Fire Damage (22:5)
Q4: What is meant by “If a fire breaks out”?
A: Even if it spreads on its own, the person who kindled it is liable.
Q5: What are “קֹצִים” (thorns)?
A: “Cardons” in Old French—the fire spreads via dry thorns.
Q6: Why is the one who lit the fire liable even if it spread unexpectedly?
A: Because he did not guard his fire.
Unpaid Safekeeper (22:6–8)
Q7: What happens if the deposited item is stolen?
A:
- If the thief is found → the thief pays double.
- If the thief is not found → the unpaid guardian must take an oath that he didn’t misuse the item.
Q8: What does “וְנִקְרַב…אֶל הָאֱלֹהִים” mean?
A: The guardian must approach the judges to take an oath.
Q9: When is the guardian liable for double payment?
A: When he swore falsely and witnesses prove he stole the item himself.
Q10: What does “כִּי הוּא זֶה” teach according to Chazal?
A: An oath is only required when the guardian admits part of the claim and denies the rest (modeh b’miktzat).
Paid Safekeeper (22:9–12)
Q11: What is the difference between the earlier section and this one?
A:
- Earlier: unpaid guardian — exempt from theft if he swears.
- Here: paid guardian — liable for theft, exempt only for true accidents.
Q12: What counts as “beyond his control”?
A:
- Natural death,
- Injury,
- Robbery by force,
with no eyewitnesses.
Q13: What must the paid guardian swear?
A: That he did not use (misappropriate) the item (שְׁלִיחוּת יָד).
Q14: When must he pay?
A: If the animal was stolen, he must make restitution.
Q15: What does “If it was torn” (טָרֹף) mean?
A: Torn by a wild animal in an unavoidable way — then he is exempt.
Q16: Why mention “the torn animal (הַטְּרֵפָה)” and not simply “torn”?
A: Because only certain maulings exempt him:
- Exempt: lions, wolves, bears, snakes.
- Liable: cats, foxes, martens (damage that could have been prevented).
Borrowers & Renters (22:13–14)
Q17: What is the law for a borrower?
A: He is liable even for accidents—unless the owner was with him.
Q18: What does “בְּעָלָיו אֵין עִמּוֹ” mean?
A: The owner was not working with him at the time of borrowing → borrower is fully liable.
Q19: What if the owner was working with the borrower?
A: Then the borrower is exempt, even if the item later breaks.
Q20: What is the status of a renter (שָׂכִיר)?
A: The Torah does not specify clearly;
Chazal debate:
- Rabbi Meir → like an unpaid
- Rabbi Yehuda → like a paid
Seducing a Girl (22:15–16)
Q21: What does “יְפַתֶּה” mean?
A: He persuaded her willingly (not rape).
Q22: What must the man do if he seduces her?
A:
- Give her a marriage contract (ketubah),
- Marry
Q23: What if the father refuses the marriage?
A: The seducer must still pay 50 silver shekels, the standard “dowry of virgins.”
Sorcery (22:17)
Q24: What is the punishment for a sorceress?
A: Death by the court, same for men or women; Torah uses feminine because it is more common.
Bestiality (22:18)
Q25: What is the punishment for one who lies with an animal?
A: Stoning.
Idolatrous Sacrifice (22:19)
Q26: Why does the Torah write “לָאֱלֹקים”?
A: The patach under the prefix לָ shows it refers to idols, without needing the word “other.”
Q27: Why specify death here—didn’t the Torah already command death for idol worship?
A: To teach that only acts of sacrificial service (slaughtering, burning, libations) incur death, even if not the idol’s typical worship.
Treatment of Converts (22:20)
Q28: What does “וְגֵר לֹא־תוֹנֶה” mean?
A: Do not taunt or verbally wound a convert.
Q29: What does “וְלֹא תִלְחָצֶנּוּ” mean?
A: Do not oppress him financially.
Q30: Why must we be sensitive to the convert?
A: Because “you were strangers in Egypt”—don’t project flaws you yourselves have.
Widows and Orphans (22:21–23)
Q31: Why mention widows and orphans specifically?
A: They are especially vulnerable; Torah speaks of the common case.
Q32: What happens if someone causes them pain and they cry out to Hashem?
A: Hashem says He will hear and punish—a threat even without explicit punishment stated.
Q33: Why mention that “your wives will be widows and your children orphans”?
A: To indicate:
- Their husbands will die with no witnesses, making the wives living widows (unable to remarry).
- Children cannot claim the estate because death wasn’t confirmed.
Loans & Interest (22:24)
Q34: Why does “אִם־כֶּסֶף תַּלְוֶה” mean “when you lend,” not “if”?
A: Rabbi Yishmael says this is one of three cases where אִם = when, meaning the mitzvah is obligatory.
Q35: What hierarchy of who to lend to does Rashi derive?
A:
- Jew before non‑Jew
- Poor before rich
- Your family’s poor before your city’s poor
- Your city’s poor before other cities.
Q36: What does “לֹא תִהְיֶה לוֹ כְנשֶׁה” mean?
A: Do not pressure him for repayment; do not even appear as a lender if he cannot pay.
Q37: Why is interest called “נֶשֶׁךְ”?
A: Like a snakebite—small and unnoticed at first, then it grows and causes great harm.
Taking Collateral (22:25–26)
Q38: What does “חָבֹל תַחְבֹּל” mean?
A: To take collateral repeatedly — the lender may seize it and must return it daily.
Q39: What lesson does Hashem give from returning collateral?
A: Just as Hashem returns your soul each morning even when you owe Him, you must return collateral to the poor person daily.
Q40: Why return the garment “until sunset”?
A: It is a day garment, needed during the day; at night the lender may hold it again.
Q41: What do “כְּסוּת” and “שִׂמְלָה” mean?
A:
- כְּסוּת = outer cloak
- שִׂמְלָה = inner garment
Q42: What does “במה ישכב?” include?
A: Even a bed is part of his basic needs.