Ten Minutes of Torah

with

Rabbi Chaim Weiner

Mishpatim- 5766

שמות כא

(יח) וְכִי יְרִיבֻן אֲנָשִׁים וְהִכָּה אִישׁ אֶת רֵעֵהוּ בְּאֶבֶן אוֹ בְאֶגְרֹף וְלֹא יָמוּת וְנָפַל לְמִשְׁכָּב:

(יט) אִם יָקוּם וְהִתְהַלֵּךְ בַּחוּץ עַל מִשְׁעַנְתּוֹ וְנִקָּה הַמַּכֶּה רַק שִׁבְתּוֹ יִתֵּן וְרַפֹּא יְרַפֵּא.

Exodus 21

¹⁸ When men quarrel and one strikes the other with stone or fist, and he does not die but has to take to his bed --

¹⁹ if he then gets up and walks outdoors upon his staff, the assailant shall go unpunished, except that he must pay for his idleness and his cure.

Rashi

Upon his staff: - in his former healthy state and vigour.

Ibn Ezra

We rely on our sages, who tell us that he must not be dependant upon others for the ability to walk, like an invalid, but must walk by himself; only then shall he that smote him be quit from prison.

Ramban

In my opinion, mish’anto (staff) is to be understood in its literal sense, [a staff]. … Scripture is thus stating that if the injured person’s health improves sufficiently to enable him to go out walking as he wishes in the streets and in the broad ways with his staff, like those healed from some prolonged disabling injury, then shall he that smote him be quit; and it further teaches us that even if the injured man is careless later about his health and dies after that in his weakness, the assailant is free from the death penalty.

Scripture says ‘and he walks outdoors’, because it speaks of the customary way of life, for injured men who were laid up in bed do not go out walking again until their wounds have healed and they are out of danger, this being the sense of the phrase, ‘and he walks outdoors’, because if he just gets up and walks in his house on his staff, and then dies, the assailant is not free [from the death penalty].

QUESTIONS

1. What forced the Sages - and following them Rashi and Ibn Ezra - to explain the word ‘staff’ as a metaphor? Base your answer on both the context and the language of the verse.

2. How is Ramban’s explanation similar, and how does it differ from the other commentaries.

Answers to last week’s questions:

(To access last week’s study sheet, visit the archives page on www.tenminutesoftorah.supanet.com .)

1. How do Rashi and Rashbam differ in their understanding of the word "remember".

Rashbam understands the word ‘remember’ in its usual sense – i.e. it relates to the past.

Rashi explains the word ‘remember’ in terms of the future. You remember something in the way you plan for the future. He probably does this because commandments are never directed towards the past. They always relate to what we do in the present or the future.

2. Which of them can bring support from the following verses?

- Is.47:7 You did not take these things to heart

You gave no thought (remembered not) to the end of it.

- Lam. 1:9 She gave no thought (remembered not) to her future.

These verses support Rashi. They use the word ‘remember’ as relating to the future. The Prophet accuses Jerusalem of not taking the outcome of her actions into consideration when she sinned.

3. Does S'forno follow one of the previous commentators, or offer a new explanation.

S’forno understands ‘remember’ in terms of the present. Thus we see remembering represented in the past, the present and the future.

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Ten Minutes of Torah was prepared by Rabbi Chaim Weiner, based on the methods of Prof. Nechama Leibowitz. Rabbi Weiner studied and corresponded with Prof. Leibowitz for several years.

· I endeavour to reply to everyone who sends their answers to me.

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Jewish Journeys

Off the Beaten Track Jewish Adventures

With Rabbi Chaim Weiner

Last Opportunity to Join!

Trip to

Lisbon, Castello De Vide, Tomar

March 2 – 5, 2006

Led by Rabbi Chaim Weiner

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In December 1496, King Manuel I of Portugal signed the decree expelling the Jews from his country. This started the long saga of the Crypto-Jews of Portugal, the effects of which still are being lived by the descendants of the Crypto-Jews in Portugal today.

The highlight of our trip will be our Shabbat in Lisbon. We will be hosted by the Beit Israel community – made up of descendants of the Crypto-Jews who are rebuilding their Jewish life today. In addition we will visit the beautiful town of Castello De Vide, where there are still remnants of Crypto Jewish life, and Tomar – home of the oldest synagogue in the country.

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For Further Details Contact:

Rabbi Chaim Weiner

www.jewishjourneys.supanet.com

jewishjourneys@supanet.com

+44 20 7870 7959