hebrew
1)

What does the Pasuk mean? What are the connotations of "Yom O Yomayim Ya'amod"? If he survives one day, Kal va'Chomer two?

1.

Rashi, Ramban #1 (citing the Mechilta) and Targum Yonasan: It means that if the victim survives (not until nightfall, but) for twenty-four hours (one day that is akin to two), the master is Patur. 1

2.

Ramban #2: It means that the master is Patur if the victim is able to stand up 2 on the same day or on the next. 3

3.

Hadar Zekenim: If the sLa'ave stands in rebellion for one or two days and does not want to do anything for his master, the master is exempt, for he is his property, and he may do as he wants to him, even to kill him.


1

See Ramban.

2

"Ya'amod" means literally 'stands up.

3

In which case it is not considered "Tachas Yado" (Ramban). Oznayim la'Torah: In all likelihood this is the source for the Din of examining a Nefulah (an animal that fell)

2)

Why does the Torah let the master off the hook if the Eved survives twenty-four hours, which is not the case when one strikes one's fellow-Jew?

1.

Rashbam (20,21) and Seforno: A master is permitted to strike his Eved, to chastise him. 1 However, he may not hit him so hard that he dies within a day, for that is an act of murder.

2.

R. Bachye: If he did not die so quickly, this shows that he did not intend 2 to kill him. He is his property; normally, one does not want to cause a loss to himself!


1

Rashbam and Seforno: Because "a sLa'ave cannot be chastised with words alone" (Mishlei 29:19).

2

Misas Beis Din is only if he accepted warning. Surely he intended! Perhaps we discuss a Chacham, who does not need warning (Sanhedrin 8b). Alternatively, the witnesses warned 'you are prone to kill him', and he said 'even so, I want to hit him.' If it is his property, and he lived 24 hours, presumably, he intended not to kill him. Alternatively, he accepted warning only to scare and pain the Eved, If one said that he will slaughter another's animal for idolatry and accepted warning, we asked (Chulin 41a) whether he merely intended to pain his friend, and did not intend for idolatry. Here it is easier to say that he intended only to pain, for he expects the Eved to live, so he does not fear being executed for accepting the warning! (PF)

3)

What are the implications of "Ki Kaspo Hu"?

1.

Rashi #1 and Ramban: Refer to 21:20:1:1.

2.

Rashi #2: It implies that if someone else strikes the Eved, he is Chayav Misah even if he dies only after twenty-four hours.

3.

Rashbam and Seforno: Since his Eved belongs to him, he is entitled to chastise him. 1

4.

Hadar Zekenim: Refer to 21:21:1:3.

5.

R. Bachye: Refer to 21:21:2:2.


1

And it sometimes happens that the Eved acts rebelliously drawing a harsh response from his master - as in Mishlei, 17:11 (Seforno).

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