hebrew
1)

Reuven and Shimon are fighting. What exactly happened?

1.

Rashi: Reuven meant to strike Shimon and he inadvertently hit a pregnant woman and killed her babies.

2.

Kesuvos, 33a: It is speaking about where Reuven actually intended to kill Shimon, 1 but he inadvertently struck a pregnant woman (presumably Shimon's wife) and her fetuses fall out.


1

Kesuvos (Ibid.): Since Pasuk 3 states "Nefesh Tachas Nafesh", it must be a case where he is potentially Chayav Misah (in the event that the woman dies).

2)

What sort of punishment does the striker receive?

1.

Rashi: He is obligated to pay 1 for the fetuses.


1

Rashi: Because "Onesh' refers to money

3)

What are the implications of the word "Anashim"?

1.

Bava Kama, 42a: "Anashim", 've'Lo Shevarim'.- The Dinim contained in the current Parshah do not apply in the case of an ox that intended to gore another ox and inadvertently struck a pregnant woman - or even if it meant to gore the woman herself.

4)

Since the Pasuk continues "Veyatz'u Yeladehah", why does the Torah add the words "Ishah Harah"?

1.

Bava Kama, 49a #1: To teach us the value that the pregnancy adds to the woman goes to the husband. 1

2.

Bava Kama, Reuven is only Chayav to pay for the fetuses if he strikes the woman in the area of the womb. 2

3.

Mechilta: To teach us that, although the Pasuk writes "ha'Ishah vi'Yeladehah" (plural), Reuven is Chayav to pay for even one fetus that falls out. 3


1

See Torah Temimah, note 157.

2

Anywwhere on her torso, but not on her head, arms or legs. See Torah Temimah, note 158.

3

Had it taught only about one fetus, one might have thought that he pays for only one fetus, for he had no reason to suspect than there is more than one inside - just like Chachamim exempt for hidden things burned through a fire. (PF). This is debatable however, since that may well be a Din that is confined to fire.

5)

What are the implications of "ve'Lo Yih'yeh Ason"?

1.

Kesuvos, 36a: It implies that if the woman dies, Reuven is Patur from paying, because whoever is Chayav Misah, is exempt from paying. 1

2.

Oznayim la'Torah: It implies that he is not Chayav Misah, even though the babies died


1

Refer to 21:22:2.4. Because a person is never Chayav two punishments. See Torah Temimah, note 161. Kesuvos, 30a: And we learn via a Gezeirah Shavah "Ason" "Ason" on to Mikeitz, 42:38, in connection with Binyamin, that the same principle applies to 'Ason bi'Yedei Shamayim'. See Torah Temimah, note 160.

6)

What are the conotations of "Anosh Ye'anesh"?

1.

Mechilta: It means Mamon. 1


1

Even though the damage that Reuven inflict,ed is not a monetary one. See Torah Temimah, note 162.

7)

Why does the Pasuk begin in the plural ("Venagfu ... ") and end in the singular ("Anosh Ye'anesh")?

1.

Oznayim la'Torah: Apparently, the Torah is speaking where Reuven and Shimon were pushing each other, and Reuven pushed Shimon on to the woman ... ; and the Torah obligates Reuven to pay.

8)

What does "Ka'asher Yashis aLa'av Ba'al ha'Ishah" mean?

1.

Rashi and Ramban #1 (citing the Mechilta): It means 'when 1 her husband claims from him, he must pay whatever the Dayanim obligate him to pay'.

2.

Ramban #2 (citing Targum Onkelos) and Targum Yonasan: It means that he is obligated to pay in accordance with her husband's claim. 2

3.

Ramban #3 (citing Ibn Ezra): He comes to terms with the husband. 3


1

Like "Ka'asher Yitav lach", in Bereishis 40:14 (Ramban).

2

Refer to 21:22:5:1 (Ramban).

3

Failing which "ve'Nasan bi'Felilim" - he pays according to Beis-Din's assessment. See Ramban's objection to this explanation and refer to 21:2:5:1*. See also Rav Chavel's footnotes.

9)

What are implications of the word "Ba'al ha'Ishah"?

1.

Bava Kama, 43a: It implies that Reuven is obligated to pay the father of the fetuses even if he was not married to their mother. 1


1

The Yerushalmi in Bava Kama, 5:5, confines this to where the father is fit to be the husband of the mother

10)

Why does the father claim and not the mother?

1.

Ramban: Because the fetuses belong to the father and not to the mother.

11)

What is the meaning of "ve'Nasan bi'Felilim"?

1.

Rashi, Ramban (citing the Mechilta), Rashbam, Targum Onkelos and Targum Yonasan: He pays according to the Beis-Din's 1 assessment. 2

2.

Ramban (citing the Mechilta: He pays according to the Beis-Din's assessment - and not whatever he chooses to pay.

3.

Megilah, 15b and Mechilta: We learn from here that "Pelilim" mean Dayanim. 3 .


1

Since "Pelilim" means Dayanim - Beis-Din See Shmuel 1, 2:25 (Rashi) and Ha'azinu, Devarim, 47:31 (Mechilta). Refer also to 21:22:3:1 & 21:22:3:3*.

2

The Ramban explains that the Torah mentions this because otherwise, he ought to have been Patur from paying, since there is no guarantee that the fetuses would have come out alive. The Torah therefore needs to issue a ruling that, following the father's claim, the Beis-Din impose a K'nas on the striker. See Targum Yonasan who also describes this ruling as a K'nas.

3

Mechilta: As in Ha'azinu, Devarim, 47:31 and Shmuel 1, 2:25.

12)

How do Beis-Din assess the payment?

1.

Rashi: By assessing how much she could have been sold for (as a sLa'ave) whilst she was pregnant and how much she could be sold for now.

13)

Having taught the Din of two people who are quarreling in Pesukim 18-19, why does the Torah add the Parshah of "ve'Chi Yinatz'u Anashim"?

1.

Yerushalmi Sanhedrin, 9:3: To teach us that 'Eino Miskaven' is also Chayav Misah. 1 And the Torah inserts the Pasuk of "ve'Chi Yerivun Anashim" (which we would know from a Kal va'Chomer) 2 to teach us that Reuven is Chayav to pay for cutting off Shimon's hand, even though he did not intend to do so. 3


1

Refer to 21:22:1:2*.

2

Torah Temimah.

3

See Torah Temimah, note 125, who elaborates.

14)

Why is he not killed for killing the fetus? If it is due to the minority of Nefalim, we cannot kill a murderer, due to the minority of Tereifos!

1.

Riva: One is not liable for killing one who did not yet enter the air of the world. 1 Moshav Zekenim - this is due to two minorities that exempt - some fetuses are Nefalim. And even if it is viable, perhaps it is Tereifah! We do not kill based on two majorities.

2.

Moshav Zekenim: One opinion always exempts one who killed someone for whom he did not intend.


1

Riva: Even though a Ben Noach is killed for a fetus - we learn from "Shofech Dam ha'Adam ba'Adam" (Bereishis 9:6) - he is killed for all his Isurim, unlike a Yisrael. Moshav Zekenim - we say that nothing is permitted to Yisrael and forbidden for a Ben Noach, but a Ben Noach can have a more severe punishment.

15)

If the woman died, what is the law?

1.

Moshav Zekenim: Even if he was not warned, he does not pay [Demei Vlados], like anyone who was Shogeg about an Aveirah of Misas Beis Din.

16)

Why do we need "v'Lo Yihyeh Ason"? We already know from the Hekesh "u'Makeh Vehemah Yeshalmenah" that one who was Shogeg about an Aveirah of Misah does not pay!

1.

Moshav Zekenim: One might have thought that a Mezid is exempt from Kofer, but a Shogeg pays Kofer. We could say that "Nefesh Tachas Nafesh" obligates money for one who killed a different person than he intended for. Therefore, we need the Hekesh. 1


1

Moshav Zekenim: According to R. Meir, who does not infer the positive from the negative, what is the source for Kam Lei bid'Rabah Minei (that one who is Chayav Misah does not incur other liabilities)? (We learn a bigger Chidush from the Hekesh, i.e. even if he was Shogeg and is not Chayav Misah! Presumably, we expound so only because we already know Kam Lei bid'Rabah Minei from elsewhere - PF.)

17)

Why does it say that it is according to her husband's claim? Beis Din decides how much he pays!

1.

Moshav Zekenim: "Ka'asher Yashis [ALa'av Ba'al ha'Ishah] " teaches that he pays only if her husband claims. He need not answer her claim.

2.

Oznayim la'Torah: Due to the pain that he caused the father, it befits the Mazik to appease him and to discuss with him how much he has to pay, and it is only if he refuses to come to terms that Beis-Din assess how much he has to pay.

QUESTIONS ON RASHI

18)

Rashi writes that her husband gets the Shevach (added value) due to her pregnancy. She should receive this, for it comes through her, like we say about a pregnant cow in which someone else owns the fetus!

1.

Moshav Zekenim: Here is different, for her husband has a share in the Shevach, for he enjoys when she looks nicer. 1


1

We find that men are less attracted to pregnant women (refer to Bereishis 38:7:1:1, 4:19:151:1)! Perhaps this is the norm, but there are exceptions, and due to this, he always gets the Shevach. (PF)

19)

Rashi writes that her husband gets the Shevach due to her pregnancy. She is worth less when she is pregnant, due to the danger of birth!

1.

Moshav Zekenim: Her husband gets the amount that one would pay for the fetuses.

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