Audio Summaries of the daily Chumash portions In loving memory of Ousher Zelig ben Myer HaLevi Z”L
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Damages Relating to People and Animals
If a person hits their Canaanite slave or maidservant with an object* (like a rod or a stone) that can cause death when striking a certain part of a person’s body, and the slave or maidservant dies as a result, the master shall be put to death.
*Side note: This is the case for Hebrew slaves, that the death blow must have been with this type of object for the master to be culpable. So all the more so must this be the case with a Canaanite slave/maidservant for whom we tend to be more lenient towards the master, since the Canaanite slave is considered to be his master’s property forever, vs. the Hebrew slave must be set free after 6 years.
In the case of a Canaanite slave or maidservant, if they survive the blow for 24 hours, then the master is exempt from penalty of death (this is not the case with a Hebrew slave). If someone else other than the master hit this slave however, this person shall be held culpable even if 24 hours have passed before the slave dies.
If two men are fighting and one of them unintentionally hits a pregnant woman who is nearby, killing her unborn fetus, the court is to determine the value of the unborn fetus by calculating the value of the woman while she was pregnant (were she to be sold into slavery) minus what she would have been worth before she were pregnant. The man who struck her is then responsible to pay this amount in damages to the husband of the aborted woman.
If in this case not only the fetus is killed but the woman herself is, the culprit must pay with his life. Some people say that this is literal, meaning he shall be put to death. Others however say that it is monetary, and that he should pay the amount that he would be worth were he to be sold into slavery.
In the case of an eye, a tooth or any limb, if it is damaged, the one who did the damage is responsible to pay the victim the amount which compensates for the amount that has been lost to the person’s value (were they to be sold in the marketplace as a slave) due to their injury.
If a person is injured in such a way that it does not diminish their value in the marketplace but rather causes them significant pain such as a burn a wound or a bruise, the culprit must pay the victim an amount that would appease the victim enough to forgive the culprit. For a rich person who is more spoiled, this amount will most likely be higher.
In the case of a flesh wound which not only will decrease their value in the marketplace but also cause significant pain, the culprit is responsible to pay not only the amount that the person is worth, but for his medical expenses and anything to cover loss of incapacitation from work as a result of the wound.
If a person hits his Canaanite slave or slave woman and their eye or tooth gets knocked out, they are to be set free. This is true not only for eyes and teeth but for the loss of any of the 24 limbs (10 fingers, 10 toes, 2 ears, the nose and the tip of the male organ). The reason why the eye and tooth are both mentioned (instead of just mentioning one of them and having the other limbs insinuated including the other one), is because if only the eye were mentioned, we might assume it only meant those limbs which were present at birth, whereas teeth were not. And if it were to only mention teeth, we might assume it could apply to baby teeth which grow back after the come out, which it does not.
If a person's animal (the text says an "ox" as this was the most common animal at the time for this kind of thing to occur, however it is the same law for any animal) kills a person, that animal is to be put to death. People cannot receive any benefit from such an animal by eating it or otherwise benefitting from it before it is killed. If this animal is what is considered a tam (literally an "innocent"), meaning that it is not a wild animal and has not habitually harmed people, the owner is not liable to be put to death through stoning.
If however such an animal has habitually caused bloodshed to people (habitually is defined as having been done three consecutive days prior) and the owner was warned by the court to keep their animal locked up and then this animal kills someone (in any way, not specifically through goring), the animal shall be put to death, and the owner will be killed by G-d (not by man though). As far as the court, they calculate the sum that the owner of the animal must pay to redeem himself. According to Rabbi Yishmael, this value is calculated according to what the victim would have been worth had they been sold as a slave. According to Rabbi Akiva, the value calculated is that of the owner of the animal.
This law is the same whether the victim was an adult or a minor (one might have thought that the owner wouldn't be held responsible in the case of a minor since animals are not scared of children the way they are of adults, so the fact that an animal attacked a child does not prove that it is an inherently violent animal the way we might assume had they attacked an adult.
If a person's animal kills a Canaanite slave or slave woman, the owner of the animal must pay the slave's owner in silver in the amount of 30 shekels, regardless of the actual value of the slave and the animal is to be killed by stoning.
If any cattle or beast falls into a pit which a person exposed or dug deeper into an already exposed pit (this is because a pit 9 tephachs deep is not deadly whereas 10 tephachs is) and the animal dies, then the person who exposed or dug the pit must pay compensation to the owner of the animal in money or something equally valuable, equal to the amount that the animal was worth plus any further damages that occurred as a result.
If a person's animal hits another person's animal and that animal dies, assuming both animals are of equal value, the value of the living animal is divided in half and the carcass of the dead animal is divided in half, and each owner takes one half so they both suffer equally as a result of what happened. This is assuming that the animal which attacked was a tam, i.e. did not habitually attack. The reason the values are divided up as such only in the case of animals of equal value, is because if the animals were of different value, the owner of the animal which attacked might at times benefit from the attack which doesn't make sense (i.e. if the value of the dead animal was considerably higher than the value of the animal which attacked) and at times, the owner of the animal which attacked might get overcompensated over and above what he is due (i.e. if the value of the animal which attacked was considerably higher than his dead animal).
However if the attacking animal was a Nagach, i.e it habitually attacked (it is considered in this category if it attacks for three consecutive days), then the owner of the animal which attacked must pay full compensation of all damages incurred to the owner of the dead animal and the owner of dead animal keeps the carcass as well.
If a person steals an ox or a sheep or a goat and then slaughters or sells it, they must pay 5 cattle to replace the ox and 4 for the sheep. Two reasons for this difference in amount are as follows:
Rabbi Yochanan ben Zakai said that while an ox cannot be held on one's shoulders, a sheep can. So the humiliation of carrying the sheep on their shoulders in coming to their trial is part of their punishment and thus they don't need to pay as much for a sheep.
Rabbi Meir says that it's because an ox works harder than a sheep, thus stealing an ox is a bigger deal as it is preventing more work from being done than a sheep.
Unlike with the previous discussions about an "ox" which really meant any animal, in this case, the text is specifically referring to an ox and a sheep.
If you catch a thief tunneling underground and kill him in the process, this is not considered murder, as it is permissible to kill someone before they kill you as they are already considered like a dead person.
However if it is clear that the thief has no intention of killing, for example if is a father who is coming to steal from his son (and a father naturally has mercy on his son), you are not allowed to kill them, rather the thief will be liable to pay back whatever he stole. Alternatively, if a person is made aware that someone is coming in to steal from him by witnesses who saw the thief (and the thief is aware that people see him) and the owner of the house kills the thief, the owner of the house is liable for the death penalty. This is because once the thief was seen by people, we can assume that he would not kill anyone as he has been seen.
If a thief is caught with an animal that has the law of double payment associated with it (eg. an ox or a donkey) which he stole, if the animal is alive, he must return the animal. If it is dead or he sold it, he must compensate the rightful owner doubly with money or with an equivalent animal.
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