1)

Why does the Pasuk add the word "Kol Nefesh Adam"?

1.

Rashi: To include where the victim is a Katan 1 (even on the day that he is born - Nidah, 44b) or a woman. 2

2.

Sanhedrin, 78a: It precludes where ten people lay about a person with sticks and he dies, in which case they are all Patur, since none of them individually took his life. 3


1

Rashi: Since in Sh'mos 21:12, the Torah wrote "Makeh Ish va'Meis ... ". On the other hand, "Makeh Ish" precludes where the victim is a Nefel or an eighth-month baby (Sanhedrin, 84b) - See Torah Temimah, note 46.

2

Refer also to Sh'mos, 21:12:1:1 & 3 and 21:12:1:3.

3

See Torah Temimah, note 45.

2)

To which of the four types of death is a murderer sentenced?

1.

Targum Yonasan: He is sentenced to Hereg (death by the sword). 1


1

Even though Misah S'tam generally implies death by Chenek (strangulation).

3)

Why is the connection between the final Pesukim and that of the Mekalel?

1.

Seforno: After conveying the difference between cursing Hashem and cursing a judge or a king, 1 the Torah illustrates how the same callous act can result in different punishments, depending on the status of the victim. And it gives three examples, one regarding the act of killing, 2 one regarding the act of wounding, 3 and one regarding the act of wounding a person. 4


1

Refer to 24:15:1:3.

2

Seforno: For killing a person one is Chayav Misah, whereas for killing an animal, one pays.

3

Seforno: For wounding a person, one ought to be punished bodily, but because such an assessment is impossible, the striker is heavily punished monetarily, and pays five things (refer to Sh'mos 21:18:1:1 and the note there), whereas for wounding an animal one has to pay only for the damage.

4

Seforno: For wounding another person one pays money, whereas someone who wounds his parents is sentenced to death.

QUESTIONS ON RASHI

4)

Rashi writes that our Pasuk obligates a man who killed a woman or a Katan, and "Makeh Ish va'Meis:" (in Sh'mos 21:12) obligates a woman who killed a man. What is the source for a woman who killed a woman or child?

1.

Refer to Sh'mos 21:12:155:1 & 2 and note.

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