📘 Parsha Insights – Rashi Commentary Q&A on Rishon
- “וְאֵלֶּה הַמִּשְׁפָּטִים” — These Are the Laws
Q: Why does the section begin with “וְאֵלֶּה” (and these)?
A: Because “AND these” connects to earlier content — meaning, just as the Ten Commandments were given at Sinai, so too these civil laws were taught at Sinai.
Q: Why is the section about civil laws placed next to the passage about the altar?
A: To teach that the Sanhedrin must sit near the Temple/altar.
Q: What does “אֲשֶׁר תָּשִׂים לִפְנֵיהֶם” teach?
A: Moses must present the laws clearly and in full detail, like a table set before someone — not just recite the laws, but ensure understanding.
Q: What does “לפניהם”—before them—exclude?
A: Jewish cases must not be brought to non‑Jewish courts, even if their rulings match Torah law.
- Hebrew Bondman — עֶבֶד עִבְרִי
Q: Who is an “עֶבֶד עִבְרִי”?
A: A Jewish man sold into servitude — not a Canaanite slave.
Q: Who sells the man in this verse — the man himself or the court?
A: This verse refers to a man sold by the court for theft.
Q: How long does an עבד עברי serve?
A: Six years, then he goes free in the seventh.
- Entering and Leaving Alone
Q: What does “בְּגַפּוֹ” (“alone”) mean?
A: That he came into servitude unmarried.
Q: What does “בְּגַפּוֹ יֵצֵא” teach?
A: If he entered alone, the master may not give him a Canaanite maidservant.
Q: If he had a Jewish wife, does she enter servitude with him?
A: No — but the verse teaches that the master must provide for her and their children during his time of service.
- The Canaanite Maidservant
Q: When may the master give the servant a maidservant?
A: When the servant was already married to a Jewish woman at entry; then the master may give him a Canaanite maidservant to produce slaves.
Q: Why must the children stay with the master when the servant is freed?
A: Because they are Canaanite slaves, belonging to the master.
- The Servant Who Chooses to Stay — רציעה (Ear‑Piercing)
Q: What must the master do if the servant says “I love my master…I won’t go free”?
A: Bring him before the court, then pierce his right ear at the door.
Q: Why specifically the ear?
A (Rabbi Yochanan ben Zakkai):
The ear heard at Sinai “Do not steal” and “They are My servants,” yet this man chose another master.
Q: Why pierce him at a door or doorpost?
A (Rabbi Shimon):
Because the doorposts witnessed the Exodus — when G-d freed Israel from slavery — yet this servant chose slavery again.
Q: What does “forever” mean — how long does he serve?
A: Until the Yovel (Jubilee) year.
- The Hebrew Bondwoman — אָמָה עִבְרִיָּה
Q: Who may be sold as a Hebrew maidservant?
A: Only a minor girl, under 12.
Q: How does she NOT go free?
A: Not like a Canaanite slave — not due to loss of a tooth or eye.
Q: How does she go free?
A: Through one of the following:
- Six years,
- Jubilee,
- Puberty,
- Full maturity.
- Designation — ייעוד
Q: What does “אֲשֶׁר לֹא יְעָדָהּ” mean?
A: The master should have designated her to marry him — using the sale money as kiddushin.
Q: If he does not marry her, what must he do?
A: Allow her to be redeemed, deducting the value of the years she already served.
Q: May he sell her to someone else?
A: No — neither he nor her father may sell her again.
Q: If the master designates her for his son, what status does she have?
A: She becomes like a daughter‑in‑law with full rights.
Q: What are the three rights he may not diminish?
A:
- Food,
- Clothing,
- Conjugal rights.
- Homicide Laws
Intentional vs. Unintentional
Q: What does “מַכֵּה אִישׁ וָמֵת” teach?
A: Only someone who delivers a fatal blow to a viable human is executed.
Q: What is the source that women and children are included as victims?
A: “מַכֵּה נֶפֶשׁ אָדָם”—any human life.
Q: When is a killer not executed but exiled?
A: If he did not lie in wait — i.e., killed unintentionally.
Q: What does “וְהָאֱלֹהִים אִנָּה לְיָדוֹ” mean?
A: G-d arranged the circumstances — e.g., pairing two hidden killers so justice is served.
Q: Where does such a killer flee?
A: To the place of refuge, which in the desert was the Levite camp.
Premeditated Murder
Q: What does “יָזִיד…עַל רֵעֵהוּ” exclude?
A: Doctors, judges, fathers disciplining children — these are not murderers, as there is no guile.
Q: What does “מֵעִם מִזְבְּחִי תִּקָּחֶנּוּ לָמוּת” teach?
A: Even a kohen serving at the altar is to be removed for execution.
- Other Capital Offenses
Striking Parents
Q: When is someone who strikes a parent executed?
A: Only if he caused a wound.
Kidnapping
Q: What is the punishment for kidnapping a Jew and selling him?
A: Death by strangulation.
Cursing Parents
Q: What is the punishment for cursing a parent?
A: Stoning.
- Bodily Injury and Compensation
Q: What is learned from “וְנָפַל לְמִשְׁכָּב”?
A: The injured person is bedridden/unfit for work.
Q: Why is the assailant “acquitted” only when the victim walks again?
A: Because until recovery the attacker is held, to see if the victim dies.
Q: What must the attacker pay aside from damages?
A:
- Lost work (שבת) — loss of income,
- Medical costs (רפוי) — doctor’s fees.
