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1)

What does "Ayin Tachas Ayin" mean?

1.

Rashi and Ramban (both citing Bava Kama 84a) and Targum Yonasan: It means that (if Reuven blinded Shimon


1

Rashi: If one were to sell him in the market, how much less he would be worth without the eye than with it.

2

Ramban: As we find in Vayikra 24:18. Even though taking ransom money to free a murderer from the death-penalty is forbidden, in this case (to save his eye) the Torah permits it. See Ramban, who elaborates.

3

Kesuvos (Ibid.): In case he dies as a result, and the Torah writes "Ayin Tachas Ayin", and not 'Ayin ve'Nefesh Tachas Ayin'.

4

See Torah Temimah, note 173.

5

See Oznayim la'Torah.

2)

Seeing as the Mazik pays the value of an eye for an eye, why does the Torah say "Ayin Tachas Ayin"?

1.

Ramban #1 (citing the Ibn Ezra): Because, in the event that he fails to atone through paying ransom money, his eye is taken out. 1

2.

Ramban #2: The Pasuk is speaking about where the blemish is permanent, in which case the Mazik's eye, tooth, hand or foot is removed. 2 In that case however, he is Patur from paying Sheves and Ripuy. 3

3.

Seforno: Because in reality, the culprit deserves to lose an eye (Midah Ke'neged Midah), but a traditon teaches that he pays money, in case we err and inflict a greater damage than was done,.


1

See Ramban, who rejects the Ibn Ezra's explantion.

2

Ramban: As in Emor, Vayikra, 24:20.

3

And the Pesukim that talk about Sheves and Ripuy are speaking where the wound is not permanent, and where the Nizak is only temporarily bed-ridden. See Ramban DH ;'u'Lefi Derech ha'Peshat', where he elaborates, concluding 've'ha'Kelal ki Derech ha'Kabalah be'Chol Makom Emes' (Refer to 21:24:1:1 - 5)..

QUESTIONS ON RASHI

3)

Rashi writes that "Ayin Tachas Ayin" is money. What is the source for this?

1.

Ramban (citing the Mechilta) and Bava Kama, 84a: This is the standard expression for the obligation to pay - as we find in Vayikra 24:18. This is according to the tradition as passed down to Chazal (which is always Emes). 1

2.

Hadar Zekenim (23) - it cannot mean that we similarly afflict him. If so, why does he pay Sheves and Ripuy? The same was done to him!

3.

Rosh: If we remove his eye, sometimes he dies through this, and it would be Nefesh Tachas Ayin.

4.

Divrei Eliyahu, Kol Eliyahu: If one removed an eye, the penalty is Tachas Ayin, i.e. the letters after Ayin, Yud and Nun, i.e. Pei, Chaf and Samech, the letters of 'Kesef'.


1

See how the Ramban explains the entire Parshah (which he splits into three different sets of Dinim), according to the simple interpretation of the Pesukim. Refer also to 21:24:1:1**.

4)

Rashi writes that "Yad Tachas Yad" is money. It says in Nidah (13b) that a hand that often checks (touches) the Ever should be cut off. This is the law, and not just a curse!

1.

Moshav Zekenim left this difficult. (It says that he asks that if sometimes Beis Din truly cuts the hand off, we should say so also here! - PF) For answers to this, refer to 21:24:151:1-4.

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