12

Rashi in Pesachim 56a writes that Sefer HaRefuos was hidden because their hearts were not humbled over their illness but were, rather, healed immediately. Rambam in Peirush Hamishna (Pesachim 4:10) rejects this approach arguing that just as one may not hold back food from the hungry, so too one may not withhold healing from the ill. Instead, Rambam writes ...


9

Apparently although the Mechilta understood the prohibition to be kidnapping it still recognizes the literal meaning of theft. This is implied by this mechilta and also somewhat implied by this mechilta.


9

I thought of two possible answers, and am happy to see that they are both supported by Mefarshim here: Because we were just released from being slaves in Egypt: התחיל המשפט הראשון בעבד עברי, מפני שיש בשילוח העבד בשנה השביעית זכר ליציאת מצרים הנזכר בדבור הראשון, כמו שאמר בו: וזכרת כי עבד היית בארץ מצרים ויפדך י״י אלהיך על כן אנכי מצוך את הדבר הזה היום (...


7

Both Rav Hirsch and the Netziv point out the word change and explain that Salma signifies a more dignified form of clothing. Rav Hirsch connected it to Tzelem as in Tzelem Elokim. Whereas Simla is simply clothing to cover ones nakedness.


7

The Sheiltot (R. Achai Gaon, 8th c.) says that although a parent can forgo his honor, he cannot forgo the prohibition against striking and cursing. שאלתות (פ׳ משפטים סוף סא): האב שמחל על כבודו, כבודו מחול, ה״מ כבודו, אבל הכאתו וקללתו, לא. The Minchat Chinuch (R. Joseph Babad, 19th c.), on the other hand, holds that a father can forgo the prohibition against ...


7

Based on Tanchuma, Rashi claims that by gazing at the throne of Hashem, they sinned, but due to the solemn atmosphere of the covenant, their death sentence was suspended until they brought the alien fire (Vayikra 10:1–2). Regarding why their two other brothers didn't go, the Artscroll Chumash brings the following explanation: Tur comments that God ...


7

Indeed, the classic Jewish understanding of this verse is that "Yatza [Yasa] Yeladeha" means the incitement of a miscarriage, which is only liable to a fine, not the death penalty. This is evident from the Talmud in Kesubos 29b, that learns from this verse, the concept of "Kim Lei Bederaba Minei" - when a person is faced which multiple punishments for a ...


6

As Rashi explains in ברכות on 10b and in פסחים on 56a: שגנז ספר רפואות לפי שלא היה לבם נכנע על חולים אלא מתרפאין מיד People would not take the illness as a stimulus to do Teshuva, rather they would immediately look up the cure - and lose the divinely-sent lesson of the illness.


6

The Malbim explains simply that אם means it's a possiblity and might not happen. Maybe you won't have any money to lend or nobody will need a loan.


5

Rambam (based on Kiddushin 25a) writes (Avadim 5:4 (English)): כיצד בראשי אברים: המכה את עבדו בכוונה, וחיסרו אחד מעשרים וארבעה אברים שאינן חוזרין--יצא לחירות, וצריך גט שיחרור. אם כן למה לא נאמר בתורה אלא "שן" (שמות כא,כז) ו"עין" (שמות כא,כו), לדון מהן: מה שן ועין, מומין שבגלוי ואינן חוזרין--אף כל מום שבגלוי שאינו חוזר, יצא העבד בו לחירות.‏ How is ...


5

The Mechilta has a special Drasha to include a tumtum and androgen. אין לי אלא בן גמור ובת גמורה טומטום ואנדרוגינוס מניין ת׳ל או בן יגח או בת יגח. The Torah Temimah on the passuk #232 explains that the word או connotes a situation of uncertainty. יתכן דדריש או בן או בת אף כזה שהוא ספק בן או בת דהיינו טומטום ואנדרוגינוס.


5

Good question. A freed slave did not go to another master. He obtained the status of a full-fledged Jew. (In fact, many of the laws pertaining to converts in the Talmud are actually phrased as "converts and freed slaves.")


5

Rambam ends his Laws of the Murderer and Preservation of Life actually saying it's not about the donkey -- it's about this guy might get stuck on the road at night and it would be dangerous for him. As someone being stuck on the highway could also be in danger, I would think it's very much within the spirit of the law: ואף על פי שעדיין לא עשה תשובה--אם מצאו ...


4

I am going to point to a different mitzvah - Ben sorer umoreh requires that both parents willingly transport the child to Beis Din for both the initial warning and the final judgement. If either relents or refuses, the child cannot be punished. No such dispensation is provided for in the case of cursing or hitting your parents. @Shokhet notes that the ...


4

The gemara in Yevamos 49b asks a similar contradiction between that verse and the description of Yeshayahu (6:1) in which he states that he saw Hashem. The gemara says that this is no contradiction because Moshe had a clear lens through which he saw Hashem whereas Yeshayahu's was unclear. This is understood to mean that since Moshe's perception was so clear ...


4

As you mentioned, "רפואה" can mean both things: healing an existing disease, or preventing a future one. Rashi himself asks your question. He brings the midrash, which reads the passuk as "I will put none of the sicknesses upon thee... (yet if I will, it will be as though I didn't), for I am the LORD that healeth thee." The Siftei Chachamim explain that ...


4

Rashi asks why was Joshua mentioned, if he did not ascend the mountain with Moses. He answers that he accompanied Moses up to the allowed limits, and waited there alone ("נטה שם אהלו") until he came back (he was the first to greet him upon his return). The Malbim think so as well. So, as Rabbi Shelomo Amar explains, the plural tense can be understood such ...


4

The Maharal in Gur Aryeh explains that the use of אם which connotes רשות as explained in Rashi quoted above by the OP, is meant to signify how one is meant to do charity. Meaning that although it is an obligation to give charity, nonetheless the Torah uses this pharesology of אם to tell us that when one does charity, his giving should not be done out of "...


4

1. Why is a slave sold for six years? Because the Torah decided so. Maybe because 6 years is a full cycle - as we see that the agricultural cycle is 6 years and in the 7th year everything stops for a year (Shmitta). Note that the slave's 6 years and the Shmitta cycles are independent. A slave works during Shmitta if it's within his 6 years.Source הלכות ...


4

No, there are not. Yovel had ceased to be operative centuries earlier and the rules of Jewish slaves became inoperative with it (Rambam, Avadim 1:10). The institution of a Hebrew maid-servant and that of a Hebrew servant is not practiced except in the time when the Jubilee year is observed. This applies both to a Hebrew servant who sells himself, and ...


4

As I answered here: Rather than command us to put witches to death (just like any other death penalty in the Pentateuch) the bible here instructs others (perhaps the courts) to not let any witches live, which seems to be a simple translation of this verse from Hebrew to english. Rashbam notes that this must be a specific instruction given to others to "...


4

Indeed there was such a custom. Traditionally, the Babylonian annual Torah reading cycle with which we are all familiar had four "checkpoints" to keep everyone roughly in sync: Nitzavim before Rosh Hashana, Devarim before Tisha Bav, Bamidbar before Shavuot, and Tzav before Pesach. If you were in a small town and didn't have a calendar, as long as you doubled ...


3

From http://parsha.blogspot.com/2010/07/what-is-tzirah.html: Onkelos translates it as ערעיתא, hornet. Ibn Ezra understands it as a type of sickness of the body, along the lines of צרעת. So does Ibn Janach, that it is כליון ודבר


3

Ba'al Ha Turim quotes a midrash, saying that Gd knew that Israel would sin and cause His Providence to depart. This would leave them vulnerable to the feral beasts of the field if they conquered the land too quickly. So future sins would keep Gd from preventing the animals from overrunning the land.


3

The term used for a Tzaddik who suffers is "Tzaddik V'Ra Lo", literally (perhaps) "A Righteous one and bad is his". The Talmud uses the term to describe one who is righteous, but has bad things happen to him, i.e. "the righteous man who suffers". The Zohar reads it as the righteous one who has bad, i.e. one who still has some vestiges of his evil ...


3

I just blogged about this at more length here http://www.aishdas.org/asp/what-did-the-elders-see . The most relevant bits: Rashi says that they saw something like the Ma’aseh HaMerkavah, the chariot that Yechezkel saw. “And above the firmament which was over [the chayos’] heads looked like sapir stone, the image of a throne; and on the image of a throne was ...


3

The Tora is interpreted by hermeneutic rules,one of them is Ribuy Umyut. Here, you have a typical example. See Kiddushin 24b. 13 Midot are not a technical-formal method of lecture, but a way to understand the language of the Torah. Torah pfavors teaching general principles, to give a broad significate by enouncing rules. Chachamim are alway seeking for ...


3

The word את, according to some midrashic approaches, can serve as a marker of inclusiveness. That is, the word את signifies that more is included in the statement than is explicit. See, for example, Ramban on Genesis 1:1. According to the Mechilta of Rabbi Shimon bar Yoḥai (on our verse), את איש means that liability is only incurred when the ox intended to ...


3

R. Alshikh (Exod. 22:24) answers the following: הנה אם זה קיימו וקבלו רבותינו ז"ל שהוא ודאי. ואפשר דאפקי בלשון אם בשום לב אל מלת את שבאומרו את העני שהיא מיותרת, לומר אל תיחל מלהלוות עד תהיה בעל זהב, אלא גם אם כסף יהיה לך תלוה את עמי, ועל ידי זה תזכה שאותו שהוא את העני, שהוא הקדוש ברוך הוא כי יעמוד לימין אביון, יהיה עמך ויעשירך That is, he explains that ...


3

My own admittedly creative theory: עקימת שפתיים הויא מעשה - the moving of the lips is considered an act (Bava Metzia 90b). Therefore, this verse not requiring the moving of the lips is meant to signal that it is not meant to be carried out in action. Rather, it is only done in potential. Mammon, money, is conceptually potential - money as money does not ...


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