Daily Chumash & Rashi Parshas Mishpatim Shelishi: Miscellaneous laws (Tuesday, 23rd Shevat)

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:

1. Jew before non‑Jew
2. Poor before rich
3. Your family’s poor before your city’s poor
4. 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.