1)

Seeing as the Pasuk concludes "Ve'ashmah ha'Nefesh ha'Hi" (which incorporates women), why does the Torah need to insert the words "Ish O Ishah ki Ya'asu mi'Kol Chatos ha'Adam"

1.

Kidushin, 35a: To teach us that women are subject to all punishments 1 (La'avin) in the Torah just like men.


1

See Torah Temimah, note 17.

2)

What is "mi'Kol Chatas ha'Adam" referring to?

1.

Ramban: It refers to all kinds of sins that one man performs against another - in respec of denying his claims.

3)

Having taught the Din of someone who steals and swears falsely - in Vayikra, 5:21, why does the Torah repeat it here?

1.

Rashi: Because of two new Halachos which it did not teach there - 1. That one is only Chayav an extra fifth and a Korban Asham if one confesses, but not if one is implicated by witnesses; 2. That in the event that one steals from a Ger - who has no relatives - and the Ger died, he must return the money to the Kohanim of that Mishmar.

2.

Ramban: Having arranged the camps of Yisrael, separating the Eirev Rav from their midst, the Torah now inserts the Parshah of Asham Gezeilos, incorporating the Din of Gezel ha'Ger.

4)

The person stole from a Ger. Why does the Torah rfer to it ss ?Lim?ol Ma?al ba?Hashem??

1.

Ramban: Because he swore falsely by the Name of Hashem.

2.

Seforno: Because he desecrated the Name of Hashem in the eyes of the Ger who came to take shelter under His Wings.

5)

Bearing in mind the principle that women are obligated in all Mitzvos not subject to time, why does the Torah find it necessary to include them here?

1.

Ramban: Because, since it is unusual for women to steal, we may otherwise have thought that they are not included in the penalty of a fifth and a Korban Asham. 1


1

See R. Chavel's footnotes. Refer also to 5:6:0:5:1.

6)

What is 'mi'Kol Chatos ha'Adam ... Vehisvadu" coming to include?

1.

Sifri: It includes a person who is about to die 1 - even he must confess his sins in order to attain forgiveness. 2


1

See hya'Torah ve'ha'Mitzvah.

2

See Torah Temimah, note 19.

7)

Seeing as the term "Chatas" genearly refers to Shogeg, why does the Torah employ it in connection with Gezel?

1.

Oznayim la'Torah: The term "Chator ha'Adam" implies a sin that most people tend to transgress - as Chazal stated in Bava Basra, 165a - since people tend to make allowances for themselves - particularly with money that they already have and are obligated to return. 1


1

And this is certainly the case with money of a Ger.

8)

Why does the Torah insert the words "Lim'ol Ma'al ba'Hashem"?

1.

Rashi: Refer to Vayikra, 5:21:1:1* & 5:21:1:2.

2.

Ramban: Because the Pasuk is talking about someone who upholds his denial by swearing falsely 1 in the Name of Hashem.

3.

Seforno: Because, seeing as this Parshah is written with reference to Gezel ha'Ger, 2 someone who steals from a Ger causes a Chilul Hashem and is therefore termed a 'Mo'el ba'Kodesh' (someone who desecrates the Name of Hashem in the eyes of the Ger). 3


1

And Me'ilah is an expression of dealing falsely. Refer to Vayikra, 5:15:1:2.

2

Refer to 5:6:2:1.

3

See also Ba'al ha'Turim. This is difficult however, bearing in mind that Vayikra 5:21 obligates an Asham for swearing falsely to avoid paying anyone, and the Torah writes there too, "u'Ma'alah Ma'al ba'Shem"? (EC)

9)

Why does the Torah not mention Gezel here, like it does in Vayikra, 5:21 - in connection with the Asham Gezeilos?

1.

Oznayim la'Torah: Because, granted the sin is twofold - Gezel and Shevu'as ha'Pikadon, for which the money and the Asham atone, half each. Here however, where the Torah is speaking about a Ger who died leaving no relatives, since there is no-one to whom to return the money, the issue of Mamon no longer exists, and only the Bein Adam la'Makom remains.

10)

Having written earlier "Ish O Ishah", why does the Torah "Ve'ashmah ha'Nefesh ha'Hi" and not simply 'Ve'ashmu ... '?

1.

Sifri: To incorporate Ger, Tumtum and Androginus in the current Din. 1


1

But not Katan. See Torah Temimah, note 18.

QUESTIONS ON RASHI

11)

Rashi writes that this is repeated to teach us that Gezel ha'Ger is given to a Kohen. But we know this from the Pasuk in Korach, 18:9 "le'Chol Ashamam asher Yashivu Li ... l'cha Yih'yeh"?

1.

Moshav Zekeinim #1 (in Pasuk 9) #1: There the Torah makes no mention of the fact that Gezel ha'Ger goes to the Kohanim of that Mishmar. 1

2.

Moshav Zekeinim #2 (in Pasuk 9) #2: Gezel ha'Ger is taught primarily here. There it is mentioned Agav (along with) the other twenty-three Matnos Kehunah.


1

Refer to 5:8:3:1.

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