Why does the Torah insert the (otherwise superfluous) words "ve'Ish" and "Ishah"?
How is it possible for a Shifchah Cana'anis to become betrothed? Who received her Kidushin?
Oznayim la'Torah: (citing the Rashash in Kerisos): The Torah is referring to the daughter of an Eved Ivri and a Shifchah Cana'anis whose father - the Eved Ivri - received Kidushin on her behalf. 1
See Oznayim la'Torah DH 've'Hu Shifchah ... ', who elaborates.
Why does the Torah insert the words "Shichvas Zera" in connection with a Shifchah Charufah?
Yevamos, 55a and Kerisos, 9a: It refers to a regular act of intimacy 1 to preclude Ha'ara'ah (sexual contact without penetration), and Bi'ah she'Lo ke'Darkah (an unnatural Bi'ah - from the back).
Yevamos, 55a: By implication, all other Chayvei La'avin are subject to Malkos, even if one performs only Ha'ara'ah or Bi'ah she'Lo ke'Darkah - See Torah Temimah, note 150.
What are the connotations of "Shifchah Necherefes le'Ish"?
Rashi, Seforno and Targum Onkelos: She is a half-freed Shifchah Cana'anis 1 who has been designated for an Eved Ivri. 2
Ramban #1: "Necherefes" means 'young', 3 or, in the context of a Shifchah or of a relationship between a man and a woman who are not married, 'so-and-so's girl'. 4
Rashbam and Moshav Zekeinim #1: She is a full-fledged Shifchah Cana'anis 6 who is designated (or handed over 7 ) to an Eved Ivri
Ibn Ezra and Moshav Zekenim #2: She is an Amah Ivriyah who is designated for Yi'ud (marriage) to her master or to his son.
Targum Yonason: She is a half-freed Shifchah Cana'anis who is betrothed to a ben Chorin. 8
Refer also to 19:20:3.1:1.
To whom she is permitted.
Ramban and Moshav Zekenim: based on the Pasuk in Iyov (29:4) - "bi'Yemei Chorfi" - 'in the days of my youth'. Winter is called 'Choref' because it occurs at the beginning of the year, when the year is still young.
Just as one tends to do in English.
Hadar Zekenim learns this from Shoftim, 5:18 "Am Cheref Nafsho Lamus", as opposed to the Rashbam. See answer #4 and note.
Like the opinion of R. Yishmael in Kerisos 11a (PF).
Rashbam: As in Shoftim, 5:18 "Am Cheref Nafsho Lamus".
Like the opinion of R. Akiva in Kerisos 11a - See Na'ar Yonasan.
Why does the Torah use the double Lashon "es Ishah ... ve'Hi Shifchah"?
What are the implications of the word "Necherefes"?
Refer to 19:20:2:1-6.
Kerisos, 11a: It implies that she is a Be'ulah (no longer a virgin). 1
Kidushin, 6a: It is a legal term for Kidushin. Consequently, if a man says to a woman 'Harei At Charufasi', she is betrothed. 2
Yerushalmi Kidushin, 1:5: Refer to 19:20:3:2. We learn from here that if the master of a Chatzi Shifchah ve'Chatzi bas Chorin 3 dies, she goes free.
Yerushalmi Kidushin, 1:2: Since the word denotes Kidushin, it teaches us that if a man who is half a ben Chorin and half an Eved divorces his wife, the divorce takes effect. 4
Kerisos: The word literally means 'changed' - as in Shmuel 2, 17:19 "Vatishtach alav ha'Rifos" - 'crushed groats' - that had been changed. See also Torah Temimah, note 155.
Refer to Torah Temimah, note 156.
Torah Temimah: Or of a Chatzi Eved ve'Chatzi ben Chorin.
See Torh Temimah, note 157.
Why does the Torah use the double Lashon "ve'Hofdei Lo Nifdasah"
Rashi: It means that she has only half been set free - 'She has been redeemed; she hasn't been redeemed'. 1
See Torah Temimah, note 158, who elaborates.
What are the implications of "ve'Hofdei Lo Nifdasah"?
Rashi, Targum Onkelos and Targum Yonasan: It means that she has been halF set free 1 via money.
Rashbam: It means that she was not set free and is therefore not subject to Chenek like a married woman. 2
Why does the Torah add (the otherwise superfluous) phrase "O Chufshah Lo Nitan lah"?
Rashi, Targum Onkelos and Targum Yonasan: It means that she has not been set free via a Get Shichrur 1 (a document of freedom). 2
Gitin, 41b: Which we learn from Get, via the Gezeirah Shavah "Lah" "Vekasav lah Seifer Kerisos" - in Ki Seitzei Devarim, 24:3. The Yerushalmi in Sotahm 2:2 learns from the same Gezeitah Shavah that the Get of a Shifchah Charufah must be written Lishmah. See Torah Temimah, note 163.
A document of freedom given to her by one of her two masters.
Why did the Torah write 'O Chufshah Lo Nitan lah" and not "O Lo Nishl'chah la'Chofshi", which is shorter?
Refer to 19:20:3.3:1*.
Chagigah, 4a: In order to teach us, via a Gezeirah Shavah "Lah" "Lah" from Ishah 1 that an Eved Cana'ani is obligated to keep all the Mitzvos of a woman, 2 and that if one sets free half his Eved Cana'ani, the latter, like a married woman, does not acquire himself. 3
Yerushalmi Sotah, 2:2: In order to teach us via the word "Lah" that a Get Shichrur must be written li'Shemah - "Lah", 'li'Shemah'. 4
Refer to 19:20:3.3:1*.
See Torah Temimah, note 159.
See Torah Temimah, note 160.
Se Torah Temimah, note 163.
What is the exact meaning of "Bikores Tih'yeh"?
Rashi #1 (citing the Sifra): Beis-Din examines the case, not to pronounce the death-sentence, 1 since she is still partially a Shifchah; and to give her Malkos 2 but not the adulterer. 3
Rashi #2 (citing Kerisos 11a): "Bikores Tih'yeh" means 'bi'Keri'ah T'hei', 4 which teaches us that every set of Malkos is accompanied by a reading of the Pesukim 5 in Ki Savo, Devarim, 28:58 "Im Lo Sishmor La'asos ... Vehifla Hashem es Makoscha ... ".
Ramban and Moshav Zekenim #1: It means (not 'examination', but) 'Hefker'. 6 with reference to the Shifchah Charufah to the Eved Ivri. What the Pasuk means is that, since the Shifchah is not completely free, the Kidushin is not effective, and she is Hefker to him, 7 which explains why the Shifchah and the adulterer are not Chayav Misah.
Ibn Ezra and Moshav Zekenim #2: It hints that the sinner is lashed with a whip of Bakar (ox-hide).
Kerisos #2 11a: It means that, prior to administering Malkos, Beis-Din examine the sinner to ascertain whether he is able to take the full quota of thirty-nine Malkos or not. 8
See Ramban, who elaborates, but who objects to the explanation.
Which the Gemara in Kerisos 11a learns from the word "Tih'yeh".
Targum Yonasan: The investigation is only whether or not she was Meizid in order to give her Malkos. The man brings an Asham irrespective of whether he was Meizid or Shogeg. The Gemara in Kerisos, 11a actually learns from the word "Bikores" that the Shifchah Charufah receives Malkos, and from "Tih'yeh" that the adulterer does not..
Kerisos 11a: The acronym of "Bikores".
Kerisos (Ibid.): As the Mishnah states in Makos, 22b: The senior Dayan reads the Pesukim, the second Dayan counts and the third Dayan calls out 'strike!' See also Oznayim la'Torah DH 'Bikores Tih'yeh' #1. In fact, the Gemara in Kerisos 11a, learns from the word "Bikores" that the Shifchah receives Malkos, and from "T'hei" that the adulterer does not.
Ramban and Moshav Zekenim: The primary word is 'Hevker', only the Gemara refers to it as 'Hefker', since a 'Fei' and a 'Veis' are interchangeable.
But not betrothed.
Kerisos, (Ibid.): Otherwise, he receives the nearest (lesser) number of Malkos that is divisible by three. See also Torah Temimah, note 164.
Why does the Torah not specifically state that the Shifchah receives Malkos - like it does with regard to a man who sins (in the Parshah of Malkos, in Ki Seitzei Devarim, 25:2)?
Oznayim la'Torah: To teach us how careful we must be to speak in a refined manner - seeing as Malkos is performed on the body, and to mention it with regard to a woman constitutes a lack of Tzeniyus and can lead to lewd thoughts.
Seeing as the Torah is discussing the man who commits adultery with a Shifchah Charufah, why does it discuss the Din of the Shifchah Charufah before that of the man?
Kerisos, 11a: To teach us that he is only Chayav to bring an Asham if the woman actually receives Malkos. But that if, for example, she is a Ketanah, who is not subject to Malkos, he is Patur from bringing an Asham. 1
See Torah Temimah, note 167
Why does the Torah need to add "Ki Lo Chufashah"?
Rashi and Seforno: To teach us that the reason that they are not sentenced to death is because the betrothal was not fully effective, 1 implying that had she been fully freed, the Kidushin would have taken effect and they would have received the death-sentence. 2
Gitin, 43b: To teach us that if, after becoming betrothed to Re'uven, a Shifchah Charufah is set free and is subsequently betrothed by Shimon, the first Kidushin takes effect and she becomes fully betrothed to Reuven - "Ki Lo Chufashah", 3 'Ha Chufashah, Yumasu!'
Why does the Torah juxtapose "Lo Yishkav" (of Shifchah Charufah) to "Lo Ya'aleh" (of Sha'atnez)?
