hebrew
1)

What is the meaning of "v'His'halech ba'Chutz Al Mish'anto"?

1.

Rashi and Targum Onkelos: It means that he has regained his full strength. 1

2.

Ramban and Targum Yonasan: It means that he is able to leave his house leaning on his cane. 2

3.

Ramban (citing a Mechilta): It is only if the victim is well enough to go outside - albeit leaning on his cane, that the culprit is Patur even if he (the victim) subsequently dies. The fact that he is able to walk around the house is no indication that he has recovered.

4.

Moshav Zekenim: He can walk well. This is a metaphor, like "Im Zarchah ha'Shemesh Alav", and "u'Farsu ha'Simlah


1

See Sifsei Chachamim. Ramban, citing Ibn Ezra, explains that he is leaning on his own body and not on someone else's.

2

Or on his spear (Targum Yonasan [See Na'ar Yonasan]), as is the way of sick people who have recovered and who are still weak. See for example, Zecharyah, 8:4, Melachim 2, 18:21.

2)

Why does the Torah use the double Lashon "v'Rapo Yerapei"?

1.

Bava Kama 85a: To teach us that even when he is Chayav Nezek, he is Chayav Ripuy as well. 1

2.

Bava Kama 85a: This teaches that doctors are allowed to heal.

3.

Moshav Zekenim #1: Even though the assailant is a doctor, the victim can say 'you seem like a Rasha to me; hire another doctor!'

4.

Moshav Zekenim #2: If one doctor cannot heal him, he may go to another. Do not say that Hashem does not want to heal him.


1

The one is not included in the other. Refer also to 21:25:3:1.

3)

What is the time limit for letting the accused off the hook?

1.

Rashbam: There is no time limit; even if the victim dies from his wounds much, much later, the culprit is Chayav Misah 1 (provided the victim did not leave his house before his wound has healed).


1

As opposed to one's Eved Kena'ani, which the Torah will discuss in the next Pasuk (Rashbam).

4)

Why does the Torah not simply write "Shivto u'Refu'aso Yiten"?

1.

Ramban: To teach us that the culprit is obligated to pay the doctor's fees, and that the victim cannot take the money and use it for other things.

5)

Why does the Torah use the double Lashon "ve'Rapo Yerapei"?

1.

Bava Kama 85a: To teach us that even when he is Chayav Nezek, he is Chayav Ripuy as well. 1


1

The one is not included in the other. Refer also to 21:25:3:1.

6)

Bava Kama 85a learns from "v'Rapo Yerapei" that doctors may heal. We should know this already from "va'Hashevoso Lo", to include Aveidas Gufo!

1.

Hadar Zekenim (17): "Va'Hashevoso Lo" teaches only when he is drowning, and his body will be lost at once.

2.

Moshav Zekenim: We need our verse to teach that a doctor may receive wages for healing. 1

3.

Moshav Zekenim citing Ri: Our verse permits healing maladies due to man. "Va'Hashevoso Lo" permits healing illnesses from Shamayim.

4.

Moshav Zekenim: Refer to 21:19:2:4.


1

What is the source? Perhaps the verse obligates only for the medicines! (PF)

7)

Bava Kama 85a learns from "v'Rapo Yerapei" that doctors may heal. We should know this already from "Ki Yazid", which excludes a doctor [who tried to heal, and killed]!

1.

Moshav Zekenim: The verse exempts him, for he was Shogeg, but does not show that l'Chatchilah he may try to heal. 1


1

The question is not clear to me. If doctors may not heal, we would exclude from "Ki Yazid" only others, e.g. a Shali'ach Beis Din! (PF) Divrei Eliyahu - the Gra remarked that doctors may heal, but there is no source for doctors to say 'there is no Refu'ah'!

8)

Bava Kama 85a learns from "v'Rapo Yerapei" that doctors may heal. Why would I think that they may not? .

1.

Rashi (Bava Kama 85a DH Nitnah): One might have thought that doctors may not heal what Hashem struck. 1

2.

Moshav Zekenim citing R. Chaim: Perhaps the doctor will kill the patient through a potion.


1

Moshav Zekenim: This cannot be, for it says "Lo Sa'amod Al Dam Re'echa"!

9)

Rashi writes that "v'Nikah ha'Makeh" teaches that we incarcerate him, and if the victim dies, we kill him. Perhaps the wind confounded him (he did not die due to the blow- Gitin 70b)!

1.

Moshav Zekenim #1: We are concerned for this only regarding one whose Simanei Shechitah were cut.

2.

Moshav Zekenim #2: The verse discusses one in a marble house (there is no wind).

3.

Moshav Zekenim #3: We are concerned for this only regarding Galus.

4.

Moshav Zekenim #4: It was a great wound that cannot heal. 1 Then, there is no concern for wind.


1

The verse discusses the possibility that he will recover! (PF)

10)

What does "Rak" exclude?

1.

Moshav Zekenim: If the victim transgressed the doctor's words, the assailant need not pay for Refu'ah after this.

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