Mishpatim - 1st Portion

Join as we learn Kumish together for paras Mishbatim Sunday. The first Torah reading of Mishbatim. Last week's Torah reading of Israel, we read about the ten commandments and as well the following laws pertaining to the altar that there was no steps allowed to be made going up to the altar. This week's Torah reading begins with the words about him. And these are the laws. While Moses was still on Mount Si, he was given then by God the general outline of all the Torah's commandments. And as Moshe then continued throughout the 40 years in the desert, we see that Moshe continues to teach the Jewish people the commandments. Over here, we're going to continue to tell us about the commandments that Moshe was given on Mount Si. And that's why the word v a ilah which v begins and as a continuation of last week's Torah reading of the ten commandments given at mount si the further details given here as rashi will explain chapter 21 verse one these are some of the laws that you shall set before them rashi explains what is the word anytime time it says these are that means it excludes the previous ones that when the Torah begins by telling us these are that means it's starting a new subject has nothing to do with the previous idea now that it says and these are this includes and this continues and adds on to what he said before just like the first commandments that he spoke about in the previous Torah reading of paras we're given a mount Si also these were given on Mount Si. And if you may ask why is the section of the judges of these judgments and laws told right after the laws pertaining to the altar which interrupts the ten commandments to the laws that we're going to be learning here to tell you that you should put the Sanhedrin the ones that adjudicate these laws they should be next to the temple which is next to them as and that's why the Sanhedrin sat in the lishk aazis which was a compartment apartment, a room that was adjacent to the holy temple. As well as we know that veil is as the mystical explanation is that why were these also given on Mount Si? Why does Rashi have to tell it us to tell us that these are just law even though these laws are seemingly obvious? Still in all we have to know that we observe them because they were given on Mount Si like the ten commandments. God said to Moshe, you shouldn't think to say that I will teach them every chapter, every one or two or three times until they'll know it really well and they'll be able to have it fluent in their learning. And I'm not going to bother myself to give them to explain every rationale and explanation. Therefore, the Torah tells us the words that Moshe says that God says these are the laws you should place before them. Meaning you should play that place before them not only the laws but also the rationale behind it. Just like a set table which everything is there ready for the person to have to eat with all their cutlery and their trays and plates and everything that's needed. So too you should give them the laws explained, elaborated and told what the rationale is. Why does it have to say before them? So Rashi explains and says this is a warning not to put it before the non-Jews. Even if this is a law that the Jewish that you know that the Jewish law and the secular law are similar, are the same still in all do not bring it to the non-Jewish courts. one who brings a Jewish judgment or a judgment that he has an issue that he has with another Jew in front of the non-Jews. He desecrates God's name and he is showing dignity and praise to the idolatries to give them greatness as it says in the verse as we read later on in the book of Deuteronomy and Moshe tells the Jewish people is not like their rock and our enemies are judging us. Rashi explains when our enemies judge us then This gives testimony. This gives credit to their dietes, to their to their idolatries. Now, the Torah begins by telling us the laws pertaining the Jewish slave. If you buy a Hebrew bondsman, a Jewish slave for six years, he will work for you. And on the seventh year, He shall go free without payment without further any obligation of payment that you have for him. What does this mean when you will buy a Jewish slave? What this means is the slave is a Jew. Not that you're buying a slave from a Jew, but you are actually buying a Jewish slave. And this means and even though or one can say am I buying a slave of a of a Jew for that he took a non-Jewish slave he bought him and now he wants to sell him to another Jew and therefore the Torah says work for six years then what am I going to do with the verse that says you shall leave them as a eternal legacy as inheritance for generation to That's when you buy a slave from a non-Jew. But if you buy a slave from a Jew, then he goes out in six years. One can translate the verse to mean that when you buy, not that it's talking about a Jewish slave. Rashi is saying according to one can think this is Rashi saying you should not assume to say this is the interpretation that you're buying a non-Jewish slave from a Jew and that's when he goes out in six years. But if you buy it from a non-Jew, it goes out after by the Jubilee. Rashi tells me no. Therefore, you look closely in this verse, as you're going to soon see, it says, when your brother will sell to you a Jewish slave, when your brother the Jew will be sold to you as a Jew. Meaning that then that who is the slave? This is a Jewish person. That who is the one that goes out in six years. I'm only referring to if the slave is a Jew, then he goes out in six years. But if the slave is not a Jew, then he stays there until the Jubilee year. When you will purchase, where are you going to purchase this Jewish slave from? The reason why you're purchasing the slave is because the Bezant is selling this individual either because he s he stole something and therefore now he cannot pay it back. So therefore, he has to sell himself out to be able to make money to pay back what he stole. As it says, it says later on that if he does not have money and he's sold because he stole something or this can be about an individual a person who sells himself because he needs to support himself, he's poor, he doesn't have anything to support himself with. So therefore, he goes to the and asks them to sell him as a slave. in Lebashes. However, but a slave that was sold in Bezen does in in the rabbitical court does not go out after six years. What does this mean? What are we talking about here? That means Rashi is trying to discern what kind of slave. There's two kinds of slaves that that can Jewish slaves. There's a Jewish slave that is sold because he can't pay back his item that he stole. And then there's a Jewish slave that because he's in a dire uh place in his life, he needs to be able to earn some money and sells himself as a slave. Which one is the Torah telling us that a person gets out in six years? Do we say that if the best sells him only because he needs to pay back something that he stole? Maybe the moment he gets back the money, he should be able to go free. And therefore, what are you going to explain when it says later on in the book of Leviticus when it talks about the uh Jewish slave as well, there it says that when your brother is poor and he's going to be selling himself as a slave, what do I see from here? If in that case when a person sells himself he also goes out of goes out in six years. Therefore when the Torah tells us over here in this case now when you will purchase a evid a slave Jewish slave it must be talking about that it's sold in Bezdon not that he is selling himself because when we're talking about selling himself that's already discussed in the book of Leviticus. So what we have generally is that there are two kinds of Jewish slaves. There's a Jewish slave that will be sold on his own, a Jewish slave that will be sold in Beza because of the punishment that he because of a fine that he has to pay. And in both of those cases, the Torah is going to tell us that he stays there for six years. What does the word mean? To go to freedom. It's another way of saying freedom. So what we see over here from this verse just to summarize when p somebody purchases a Jewish slave regardless of how he purchases the Jewish slave whether the person bought it on his own or whether he was sold through bezdon he is going to be there for six years if a person came there on his own meaning he comes as a single person then he goes out as a single personal however if he has a Jewish wife and he begins his service while he is uh still married, then his wife shall leave with him. Meaning that while he's working for his master, the master is obligated to provide for the wife as well. Once he's freed, then he doesn't have to provide for the wife as we'll see in Rashi meaning he was not married. The word like the taragum says that he came on his own and then where do we get it from the word meaning that with wings he came the way he is single with his garment meaning he came only with his own garment he didn't have anything else that means like a person that says he's on his own all he has is his own garments teaches us that only if he was married to a woman when he was sold as a slave Is the master actually obligated to pay for um only when he's actually married to a Jewish woman, when he was sold as a slave, can the master force him to marry the maidservant as we're soon going to see that if he was not married initially to a Jewish woman, then his master cannot give him a non-Jewish made servant as we're soon going to learn that if the master would like he can give this Jewish servant to marry a non a non-Jewish made servant and then have slaves from this non-Jewish maid servant which will then belong to the master if he is married to Israelis a Jewish woman the question is why does it say his wife goes out with him since when was his wife enslaved together with the individual is telling us that if somebody buys a Jewish slave he's obligated to support his wife and children even though they are not slaves for him. So we see the obligation that the Jewish slave ha that the owner of a Jewish slave has extends to the Jewish slaves family as well. Verse four. Now what happens if this Jewish bondsman, this Jewish slave has a Jewish wife and his master then decides to give him also a non-Jewish wife. the elderly and she bears for him sons or daughters the woman and her children belong to the master and he leaves alone without them and he returns to his Jewish family from here we see the permission of his master to give him a non-Jewish maid servant for what reason to give birth from her slaves or maybe what is this verse talking about and if you'll notice a trend in these rashies that he tries to look at it at both angles and then he comes to prove his point or maybe we're talking about in this case that he gives him a Jewish woman therefore the Torah concludes with the verse the woman and her children belong to the master this is talking about a non-Jewish woman and therefore she stays by the pastor while the fellow goes back to his Jewish family because as we're going to see soon a person has a a Jewish maid servant she also leaves after six years sometimes even before six years if she shows signs of maturity it teaches us that also the Jewish maidervant goes out after six Verse five. What happens in a case where the Jewish slave continues to say I love my master is my wife referring to his non-Jewish wife the non-Jewish children that he now acquired I have no intent to go free asshi when we're talking about his wife here Rashi points out it's not talking about his Jewish wife but we're talking about the non-Jewish wife who he's with while he's enslaved while he's working for this master Hashifa the men made servant What do we do then? Verse six. You will then bring the master, bring him into the court, to the Jewish court. And then you will approach to take him to the door to the doorpost and his master shall then pierce his right ear with an all. And he will s and he should serve him until the jubilee year. What does it mean over here? It means the rabbitical court. The reason why he has to bring him back to the he has to consult with the people that sold him sold him sold the slave to him. He has to bring him to a door or to a doorpost. I would have thought I would think that just the doorpost would be good enough to be able to make the piercing of the ear. Therefore, it says that you have to put it his ear in the doorway. Meaning it doesn't say door post meaning that the actual piercing should be should be at the door the muza not necessarily in not in the doorpost. If so, so then why does it say or to the doorpost? So he tells us heish this is comparing there's a certain concept in Jewish law which is called a heckish that we compare two words that when two cases two things are similar we have to look at what their similarities are and therefore he says as follows he compares the door to the doorpost just like a doorpost is continuously standing up straight so what's considered a kosher door to be able to do this piercing has to be standing up and what does the master do pierces his ear. Which ear is the right one? Or does the left one? Which one does he do? Therefore, it says the ear twice. It tells us the ear. Why? Because as we mentioned, here's another rule of how we learn different principles of Jewish law, which is that if I have a common word here and a common word there, I take the laws and the principles that are applied by that law and apply it to this law. So being that it says over here the word which means ear and we're going to see in another place it says as well in the book of Leviticus. So therefore which is by a leprosy a personal just like by the leper it says as well that a person that is leprosy it has to be his right ear when they sprinkle the blood. So too when he uses the word here refers to the right ear. Now Rashi goes on to explain why this piercing of the ear why is it that the ear gets pierced from all the bodies from all the limbs in the body said this ear that heard on Mount Si don't steal and he went anyways and stole should be pierced. What about a person who sold himself that he didn't steal anything? the ears that heard on Mount Si that you're meant to be slaves to God and not to a human being. He went and acquired for himself another master besides God. his ear should be pierced would explain this verse of bringing this slave to the door into the doorpost like a idea which something which was a like a handkerchief filled with diamonds that were hanging on the person's neck like for beautifification meaning that what they would do is that when a person's carrying this piercing it's about an announcement about saying what what this person is and he explains how is a door and a doorpost different from every other item in the home. God said, "The door and the doorpost, the door and the doorpost were testimony, were witnesses to the fact that I leaped over the homes of the Jewish people and I did not kill the firstborn of the Jewish people, but only the ones of the Egyptians." As it says that God leaped that they would have to put a marking on their doorpost with the bloody. And I said at the time that these Jewish people are my servants and not servants to servants this guy went and he acquired for himself a master. Therefore he should go in front of them and get his ears pierced. meaning what the piercing is doing is not only remembering according as the first opinion to what was heard on Mount Si but this is so to speak an announcement saying what you've done and why you're doing it to the people who realize and understand that this is making an announcement about yourself of who you are that this door and doorpost that saw God that were witnesses to God's leaping over the Jewish homes now see this individual acquiring for himself another master what does it mean doesn't mean for eternity but means until the jubile or does it really mean eternity simply put therefore as we're going to see later on in the book of Leviticus when it tells us about the laws about the slaves it says each person goes home to his family from here we learn that 50 years is called eternity he doesn't have to serve him for all the 50 years. He serves him until the jubilee year. Whether the jubilee year is in 50 years time or whether the jubile year could be next year. So if the jubile year is next year, he goes out the following year. So whenever the jubile year will come out, it's usually seven, seven sabbatical years will make the following year a jubilee year. And that's the calculation that you'll be able to tell when this person will go out free. Verse seven, when a person will sell his daughter for a maidervant, she should not go out like the other non-Jewish bondsmen do. Is the Torah talking about a girl who may be under 12 years old? I would think is this talking about even maybe a girl who after she already showed signs of maturity how can this be you can make a you can learn something you can learn it out from a different way meaning if a girl who was even sold beforehand she would go out when she brings signs of maturity of puberty that she goes that without um without any money that we learn this that we this includes even a woman who is older and she brings signs of puberty that she cannot be sold that if she cannot be sold if this one cannot be that means at the end of six years she cannot be sold. So to this one cannot be sold after she brings signs of maturity. Therefore, it must be that when we're talking about here, this young girl who's being sold is she must be under 12 years old. She doesn't have the same rules as we're going to learn later on that a non-Jewish slave, the way he was freed was after he if he was injured that if the master injured his eye or tooth, this one does not go out by injuries. She works either six years or until the jubilee year or until she brings signs of puberty that she reached the age of 12 years old. Whatever comes first, whether it's her age, whether it's the jubilee year or the six years, whatever comes first, that's what will give her ability to go out free. What? And if however the master does injure her, he has to pay her for it because of it, but she doesn't go out free because of it. Or does it mean that she doesn't go out like the non-Jewish slaves in six years or in the Jubilee year? Therefore, the Torah tells us clearly. Therefore, in the book of Deuteronomy, when it tells us about it being sold, a Jewish slave and a nonJ Jewish slave and a Jewish girl who may be a slave, a maid servant, it compares the girl to the boy just like the Jewish slave will go out on the sixth and on the jubilee year. So too, the Jewish maidervant will go out in the sixth year or in the jubilee year. So then why does the Torah tell me why doesn't why then does the Torah stress in this case that it doesn't go out like the non-Jewish slave I would think meaning that this does not apply just like the non-Jewish slaves they um are able to go free when they get injured so too this one so you may say what about the Jewish slaves Does he go out if he gets injured? The same way that the Jewish maids servant does not go out when she's injured and she only gets paid for it. So to the Jewish slave. So what we see over here is the very fact that the Torah continuously puts the Jewish slave in the same verse with the Jewish made servant. Both laws apply to them both and they both go according to those laws and they're not like the draw laws pertaining to a non-Jewish slave. Verse eight, if she is displeasing in the eyes of her master and therefore who should have who should have designated her for a wife for himself but he did not I'm sorry with the in this case we could also be with the V. So therefore who should have designated her as a wife for himself and before her time of redemption came and now the master has the sister in her redemption. He is not authorized to sell her to another master. Why? For he betrayed her by not marrying her. Let's see what this means. No, not that she did something wrong. The master had no intent of marrying her. He didn't find anything great about her that he should marry her because really technically from the verse it seems like that he should have married her. That means when he then when he bought her, he could have technically used that money to be able to uh marry her as well. Over here, the Torah is actually telling us that there's a mitzvah for the master to actually marry this maider that he that he took into his house. And how did the Torah hint it by the fact by the very fact that says if he took a woman and he did not marry her that meaning that that money that he gave he doesn't have to give her other money which is going to be towards the marriage that is part of marrying this woman what does it meana he redeems her meaning because of that he has to assist her in her redemption rashi explains that he has a helper in being redeemed. How does he help her? What does he do to for redemption? That means that if somebody comes to buy her, he takes off that amount of money from the years that he that she worked for him as if she was working for him at that moment. So, for example, Rashi tells us how this works. Let's say he bought her for $100. She gives us and he worked there for two years. We tell him I know that she would have went out at the end of six years. That means you paid a sixth because there's six years. You paid $100. You paid a sixth. Each one you split it into six. Now she worked two years. That means a third at a time. Here's a third of that money. Take two/3 and allow her to leave. That means only value the amount of time that she was by you. And like this, you help her find another job. You help her get out to somebody else. However, you're not allowed to sell her. Not the fathers are not allowed to sell her and the master is not allowed to sell her. And over here, the Torah is telling us, being that she was once sold, this Jewish woman, it can't be put back on the market, it's not something that you can do and resell her again. Because you betrayed her meaning because this is a reason that the why the master and the father are not allowed to tra because this individual betrayed her. meaning he did not marry her. Because he did not marry her, he's not allowed to uh resell her to somebody else. So to her father because since the father betrayed her as well because since he was not acting accordingly like a father to a daughter to bring her up in his own home and he went to sold him to somebody else, you can't go put your your daughter on the meat market to be able to sell her off to people and say, "Oh, this one once and that one once." You didn't do your right job. It didn't work out by the first person. You lost your chance. Verse N. If on the other hand, the master designates her as a wife for his sonish, then he has to accord the standards of the rights of any girl who marry, which is, as we're going to see, with food, clothing, and conjunctual rights. Rashi from here. Teaches us that if the son wants, he can take the place of the father marrying her. As well, he doesn't need to use other money to be able to marry her. Tell her, I betrothed you with the money that my father paid to be able to take you to take you as a maidervant. What does it mean? like the rights of every other girl which is giving her her clothing, her food and marital rights. The Torah continues verse 10. If however he goes and marries an additional wife, he may not reduce this one who he already married foods, clothing or marital rights. He takes another woman besides this one because don't forget according to the Torah one's allowed more marry more than one wife from this maid servant that he already married he's not allowed to go take another uh he's not allowed to diminish anything from her by taking another woman the word means food exactly what it means things that cover her her clothing and this refers to the marital relationships. Verse 11, if however the master takes none of these three listed things of for her, she shall go out free without owing him any additional payment. If any of these three above mentioned things, he does not do it. enumerates what are these three things that the Torah is referring to. Number one that either he marries her or to his son or when he marries her he also marries somebody else but diminishes oh I'm sorry not or he doesn't diminish from her from her exemption money she goes out without owing him any money so that means that means either the master didn't marry her not to him and not to her son and she did not have any money to help uh get her released. Then she goes out without owing him any money. She goes out. The Torah includes this going out to the maid servant that has not been married or not been helped to be released even more than what the servants got, the Jewish servants. What is this fact that she goes out to teach us? Why does it say vi even though it already said by the Jewish servant that means what does this woman have more than a regular Jewish servant? The very fact that she goes out when she reaches the age of puberty and she brings signs of puberty and she stays with them until she brings those signs of puberty. However, if she the six years are up before that time we already learned that she goes out because it says The same way over here it says that she goes out without owing him any money. So two that she goes out without owning owing him any money if her signs of puberty came earlier. So two before the six years. So two when it comes to six years either one of those cases she is free to go out without owing the master any money at all. Or one can argue, how do I know that the Torah is saying that she goes out by the signs of puberty? Let me wait until she gets older. Therefore, the Torah tells us there's no money involved. Meaning to tell us that even when she goes out, when she's already mature, there's nothing that she has to pay this person. If the Torah would just say, why does the Torah have to tell me both cases? And she goes out without paying and there's no money. I would say when she goes out free without paying, that's only when she gets mature. Therefore, tells us both of these cases not to give the owner or the other person on the other side of the table, meaning the defendant some reason to argue. Meaning that in both of these cases, they she goes out without owing any money. Whether she goes out at a time of maturity, whether she goes out at six years, in any of these cases, she is released from any obligations to the master. Now, the Torah moves into other laws, laws pertaining murder and manslaughter. An adult man who strikes a man or woman or child so that the person dies must be put to death, is liable of capital punishment. amazed Rashi tells us gives us the details of what's going on here. Why does it say over here the laws pertaining a murderer if it already says in the Torah reading of in the book of Leviticus that a person who kills any individual is liable of capital punishment I only know about a person hitting without deathar that means if the person didn't kill him but he only intended to kill him then he's also liable of that capital punishment it's called intentional manslaughter That means when is a person actually liable for a capital punishment is only if he hits him in a way that he can actually die from it. If it would have said if it would have said hitting the individual when a person hits I would say that the murderer is only obligated when he hits a an adult man. But if he hits a woman or a child, how do I know that he's also obligated in capital punishment? That he's liable of capital punishment. Therefore, it says in the book of Leviticus later on when he will hit any individual even a child or a woman. So it tells us over here as well. So we compare the two cases both times where the Torah tells us about murder. We are able to analyze and and compare the two and each one complements each other. Another reason why it has to tell us about the laws pertaining to the murderer. If it would have just said here, a man who kills, a man who hits even a child who hits somebody and killed should also be liable. Therefore, it has to say later a man when he will hit and it's specifically a man a child. Another reason why we need both of them. When it says that you hit any human being, that would also include a fetus. That means a child who wasn't would a child who is a miscarriage or a child who wasn't going to survive regardless. It comes to tell us the only time that you are liable for capital punishment is if you killed somebody, hit somebody that we or killed somebody. somebody who will eventually become into a man. That means there was ability for them to live. If there was a u a fetus or somebody that was not had a did not have the opportunity or is not going to live regardless, which is called a nelt that they didn't live for 30 days, they were prone to living. They are not considered somebody of a substance that a person is liable of capital capital punishment for. Verse 13. If however he did not lie in a weight, that means he was intending to tell to ambush this individual to kill him. But God caused it to happen. I'll give you a place that you won't be able to flee here. He didn't ambush him. He didn't have intention to kill the individual. The word comes from like to ambush that you um that you didn't which this is King David telling Shaw that when he tore off part of his coat he told him I had the ability to kill you and still in all I did not ambush you and attack you doesn't mean that means like food like we learned before that told to go get him food Because when it comes to the word then the it's on the there's two different terminologies. One's a word, one's. And therefore, when it comes to talking about food, for example, one is a noun, one is a verb. And for example, when a person traps animals, you have the word then one that wasn't hiding there, wasn't awaiting him. Hebrew, however, when we talk about we mention many times about the grammar teacher that he's Rashi quotes. He talks about it that it comes together with the word trapping an animal. However, I don't agree. If you want to be able to put it on the word, the word also means side that he was standing on the side to be able to c catch the personal and he brings different verses from Daniel from that the word we're trapping comes from the word sad put standing on the side bringing different words as well which we can see that he didn't have a side of death to him and so to this individual where he talks about soda was not premeditated to be able to kill this individual's meaning standing on the side and sometimes you have to see what the word is and which it's going to rely on is that does at the end of it that makes it the word and that makes it the active word and how you're going to be able regardless of how you're going to phrase it in this case it means ambushing uh awaiting to be able to attack this individual What does it mean? He brought it to this individual like we find in no bad come to you that God doesn't make the righteous have any bad verses that the word means prepared for him. Why did this happen that this individual should kill somebody uh inadvertently Omar David? This is what King David said as we mentioned before in the previous story when King David was in the cave and the king troll was lying in front of him and he didn't kill him. Like the um like the like the parable that is given that from the evil come out bad meaning so too the way that God brought me that you should be killed let it be through a person who's bad through an evil person not through me. What does he mean? The original parable, which is the Torah, which is what the Torah gives us to be able to have a metaphor to understand God's wisdom. God is the original of the world. And what is God saying? Where does Torah say that is the bad people do bad things? That God made it happen. What does this mean? What's the verse talking about? And meaning how what does it mean that God chanced this individual and made this individual happen? Is Imagine two people. One person killed somebody inadvertently. One person killed somebody on purpose. There's no witnesses there that they should be able to see what or testify about their actions. And because of that, one was not killed by capital punishment or the other was also did not go to exile as he should. God brings them to one a place makes that they should ch makes that they should come to one place. The guy that killed on purpose is underneath the ladder. Guy that killed inadvertently goes up the ladder falls down. He falls down on the guy that killed on purpose. He kills him. Now what happens is then there's witnesses and he has to go to exile. So what do you have? God makes that the evil should be killed do the evil meaning the guy that killed somebody inadvertently that never had his chance to go to exile now has to go to exile and the guy that killed somebody on purpose got his capital punishment all in the hands of God. So we see from over here that God makes that the evil should be able to take its place and each person gets their destiny that God chooses for them and how it should be done and picks the right messengers for the errand that has to be done. I will give you a place even in the desert there will be a place that they can run there and this will be that the murderer is able to go to a place that there can be a city of refugee. What was the city of refuge in the desert where the Jewish people were? This was the Levite camp where they would all be encamped and that's if a person murdered somebody inadvertently was able to go there. Verse 14. What happens if a person acts intentionally and against this fellow to kill him with like in a trickery way? You shall take him from my very altar to die. Rashi 14, why does it say uh if this is talking about already that when somebody kills somebody's liable of capital punishment? If God if if the Torah already just said it in verse uh verse 12 already said somebody who kills somebody is liable of capital punishment. Why over here does he say it again? If he already said because he said previously somebody who kills somebody is liable of capital punishment. So we have from here au even if he did not intend to kill him for example Shahimus a doctor who while helping his patient unfortunately killed him ordin punishment or I'm sorry orn's job is to give the lashes and because he gave the lashes the person died or a father that hid his child or his teacher that his student to educate him. So these cases or a person who is did it inadvertently but it was close to on purpose meaning it wasn't a clear direct inadvertent action. In that case he would not go to exile. Therefore, the Torah tells us the only time that a person is liable of capital punishment that it has to be intentional inadvertently that it has to be that a person thinks of a way and creates tactics to be able to kill this person then he is liable. not a doctor, not a person who's educating his son or student that even though yes, they purposely are hitting the person, they're person they purposely injuring the individual but in they're not planning to kill them. It's not something that they're intending to hurt the individual. They have permission to hit this person like the best the messenger of Bessin his job is to give the lashes or the doctor's doing the surgery. He is that was his job. He wasn't intending to hurt the person. He had to do it. That means he had intended to injure the individual but in a way to save him to help him. Meaning that if he was a he want to work in the holy temple, he would be liable of capital punishment. Verse 15, one that hits his father or mother is liable to death penalty. being that we learned if somebody that injures his friend he only has to pay a fine as we're soon going to see and therefore he has to tell us if somebody injures his parents then he's liable of capital punishment not like when somebody injures another individual however when somebody injures his father has to be a way that he hit him that there's a wound there if there's no wound then he's not liable. His father and mother doesn't mean that he killed both. It could be either one. What's the death penalty? Is strangulation. Verse 16. If somebody kidnaps a man and sells him and then you catch him with it and he was seen in possession, he's liable of capital punishment. Why does it say it here? And he then repeats it again in the Torah reading a book of Deuteronomy being that it says in the book of Deuteronomy if somebody steals another individual meaning he kidnaps I only know about a man who stole another individual. What about a woman, a tum or even a person that you don't know if he's a man or a woman, meaning that his male or female um are not known or a person who has both? He has both male and female genitals that stole. How do we know that they're also that they kidnapped? How do we know that they're also liable punishment? that if somebody steals a man and sells him therefore because it says over here of and man will still and over there it says go of ish. So each place just like we learned in the previous verse, whatever is missing here is filled in the book of Deuteronomy. Whatever is missing in the book of Deuteronomy pertaining to this law is filled here. And thereby we're able to understand that they apply to all people. No matter who you kill and no matter who the killer may be, I'm sorry. No matter who the kidnapper may be and no matter who they kidnap. What does it mean that they found him in possession? that you have to have witnesses that saw that he stole and sold them that you saw already in possession before he sold them that this person is the one that stole them. What's the death and strangulation? And in general, Rashi tells us anytime it says generally death, which and it doesn't say which one. It's referring to this. There are four different types of death penalties that the would be able to enact, which was stoning, burning the lead down the person's throat. Um, and uh and uh taking strangulation and as well decapitation. And over here most times whenever it says death, the death penalty is usually strangulation. The reason why the Torah writes this in the middle because of why does he interrupt about hitting and hitting the parents with kidnapping and or hitting the parents and cursing the parents with kidnapping? Because this could be that this is a debate amongst rabbitic scholars. This is a debate in the track date of Sanhedrin. If the same applies that we can compare all rules of hitting the parent to cursing the parent, do both of them. Do both of them apply the same way. And therefore, one one would say because there's a verse in between and separates them, you can't compare. One would say because there's a verse if they though they're said together, therefore we could compare the two. Verse 17, a person who curses his mother and father. us will be put to death. Why does it say over here the words? Why does it tell us this laws and then repeats it again in the book of Leviticus? In the book of Leviticus, it says a man who will curse his father. I only know about a man who curses his father. And what about a woman who curses his father? How do I know that she's also liable capital punishment? Therefore, the verse says, "One who curses his father or mother and does not say who is the one that cursed to teach us that it's either man or woman. It doesn't make a difference. They're both liable." So then why does it say in the book of Leviticus, a man who curses that excludes a child who is not liable? In this case, it would be they will be stoned because any time it says that his blood is on it. I mean, anytime it says he is responsible, it is his blood is in it. And we find it in one time that it says it in the book of Leviticus that they should be stoned because their blood is involved in there. And so too as well in this case any time that it says the word dum of bay and because it says it later on book of Leviticus that when one person when a person curses his parents dumb of boy blood is in it he therefore the capital punishment that is used would be stoning. Verse 18. When two men are quarreling and one man strikes the other in a stone or with his fist but the guy does not dieish but becomes bedridden. Why does it say the story over here now? And then we also find it in the book. We find it later on when it talks about I versus an I. when it talks about an eye for an eye over there. In that case, I only know that you have to pay for the damages of what you hurt the individual. But what about money that you have to pay for the person the amount of time that he was out of work or the medic or for his medical needs? We don't know that later on. Therefore, I need these two verses and he's bedritten that he gets so sick and he's so injured that he's bedwritten that he cannot do his job. He can't work. If he gets up and he's able to walk outside on his own power and that means he is cure then only he has to pay is for his loss of work and provide for his cure but he's not liable to pay for other damages as well. Let's see what does it mean on his stick. It doesn't mean literally that he's leaning on a stick but it means on his own strength he's back to himself. Do you think that a person's going to get killed even though he didn't kill the other person? The Torah is telling us here that when somebody hits another individual, we arrest him. Meaning, we put him in prison that we should know what's going on. We don't release him until we see what's going on with this person that he injured until we see will this person be healed from that injury. that this is what it means in the verse. When this guy gets up to walk around and he's all feeling better, then the guy who k hit him, he is released from death penalty. But until this guy gets up, he no long he doesn't get up from his he doesn't get out of prison. We still have to hold on to him because we never know what can happen with this illness. Can this illness bring to death? What does he have to pay? He has to pay how much work this guy lost. And not only that, meaning because he was out of work and he was he has to play pay him his disability. So if he cut off his hand or foot you have see how much now this person can't work because of his illness. That means now because he doesn't have one of those limbs that this guy hurt. You have to see what happens now. If he can be a she kashin literally means a a watcher of cucumbers which we would call a scarecrow in our language meaning each individual has something they can do. He's not completely out of a job but compared to the job that he had before to the job that he has now we have to be able to pay that difference because even after this illness he's no longer can use that hand or foot that he injured. So therefore this guy has to pay because of that injury the payment for his hand or his he has to pay him for whatever it would be worth that this person is valued for his hand or for his uh what would a healthy person be able to get at that value and that's what he have to pay for him because he doesn't have to pay complete loss because he can still do something. So you have to be able to pay the difference of what he was worth to what he can do now. What does it mean that the healer will heal has to pay for the doctor bills? Interestingly enough that from here the Talmud learns from the words the healer will heal. From here we know that we have permission to go to a doctor and the doctor is an agent of God to be able to heal the individual. Not that the doctor has any other job and the only thing that a doctor can do is to heal the individual from this verse that we know. This concludes the first tow reading of Paras Mishbat.