1)

Why does the Torah need to insert "Ki Yih'yeh Riv"?

1.

Rashi: What begins with a quarrel, ends in Beis-Din. This teaches us that Shalom does not come out of quarrels. 1


1

See Torah Temimah, note 1.

2)

Why does the Torah inset the (otherwise superfluous) phrase "Venigshu el ha'Mishpat"?

1.

Sifri: To incorporate in the Din of Mishpat 1 two women or a woman and a man who are quarelling. 2


1

The Pasuk is basically discussing the Din of Malkos. See Oznayim la'Torah.

2

See Torah Temimah, note 2.

3)

Is everyone who is found guilty in Beis-Din (of a La'av or an Asei) subject to Malkos?

1.

Rashi: "Im Bin Hakos ha'Rasha" (in Pasuk 2) implies that it is only sometimes - where he transgressed a La'av that is not Nitak la'Asei (rectifiable by performing an Asei) 1 - that he is Chayav Malkos.


1

Refer to 24:5:153:1.

4)

What are the implications of the word "u'Shefatum"?

1.

Sanhedrin, 10a: It implies that two judges are required to adjudicate - and based on the principle that a Beis-Din can never comprise an even number of judges, three are required. 1


1

See Torah Temimah, note 3. Also see Oznayim la'Torah on Pasuk #2 DH 'ha'Shofet' citing Makos, 22 - that each of the three Dayanm participates in the Malkos. Refer to 25:1:3:1:3.

5)

What is the connection between Malkos - in Pasuk 2), which one receives for transgressing a La'av, and a quarrel between two people, and what is the significance of "Vehitzdiku es ha'Tzadik"?

1.

Ramban (citing Makos, 2b): The Torah is teaching us the Din of Eidim Zomemin, where two witnesses testify against Shimon, and a second pair of witnesses disprove them 1 , vindicating Shimon ("Vehitzdiku es ha'Tzadik") and proving that the first witnesses are guilty ("Vehirshi'u es ha'Rasha"). 2

2.

Sifri: "Vehitzdiku es ha'Tzadik" denotes a Mitzvah to try and save the defendant from Malkos. 3


1

Where the latter testify that they (the first pair of witnesses) could not possibly have witnessed what they claim to have witnessed, since at that time, they were together with them in a completely different location.

2

See also Torah Temimah, note 6, who elaborates.

3

See Torah Temimah, note 7 and refer to 25:2:1:1:1.

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