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Exodus Chapter 22
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Deuteronomy

Penalties for Stealing
22:1 If a burglar is caught in the act of breaking in, and is struck and killed, it is not considered an act of murder.
22:2 However, if he robs in broad daylight, then it is an act of murder [to kill him].

[A thief] must make full restitution. If he does not have the means, he must be sold [as a slave to make restitution] for his theft.

22:3 If the stolen article is found in his possession, and it is a living ox, donkey or sheep, he must make double restitution.

Damage by Grazing
22:4 If a person grazes a field or a vineyard, and lets his livestock loose so that it grazes in another person's field, he must make restitution with the best of his field and the best of his vineyard.

Damage by Fire
22:5 If fire gets out of control and spreads through weeds, and [then] consumes bound or standing grain or a field, the one who started the fire must make restitution.

The Unpaid Custodian
22:6 If one person gives another money or articles to watch, and they are stolen from the house of the person [keeping them], then if the thief is found, [the thief] must make [the usual] double restitution.
22:7 If the thief is not found, the owner of the house shall be brought to the courts, [where he must swear] that he did not lay a hand on his neighbor's property.
22:8 In every case of dishonesty, whether it involves an ox, a donkey, a sheep, a garment, or anything else that was [allegedly] lost, and [witnesses] testify that it was seen, both parties' claims must be brought to the courts. The person whom the courts declare guilty must then make double restitution to the other.

The Paid Custodian
22:9 If one person gives another a donkey, an ox, a sheep, or any other animal to watch, and it dies, is maimed, or is carried off in a raid, without eye witnesses,
22:10 then the case between the two must be decided on the basis of an oath to God. If [the person keeping the animal] did not make use of the other's property, the owner must accept it, and [the person keeping the animal] need not pay.
22:11 However, if it was stolen from [the keeper], then he must make restitution to [the animal's] owner.
22:12 If [the animal] was killed by a wild beast and [the keeper] can provide evidence, he need not make restitution for the attacked animal.

The Borrowed Article
22:13 If a person borrows something from another, and it becomes broken or dies, and the owner is not involved with [the borrower], then [the borrower] must make full restitution.
22:14 However, if the owner was involved with him, then [the borrower] need not make restitution.

If the article was hired, [the loss] is covered by the rental price.


Seduction
22:15 If a man seduces a virgin who is not betrothed, he must pay a dowry and must marry her.
22:16 If her father refuses to allow him to marry her, then he must pay [the father] the usual dowry money for virgins.

Occult Practices; Bestiality
22:17 Do not allow a sorceress to live.
22:18 Whoever lies with an animal must be put to death.

Idolatry and Oppression
22:19 Whoever sacrifices to any deity other than God alone must be condemned to death.
22:20 Do not hurt the feelings of a foreigner or oppress him, for you were foreigners in Egypt.
22:21 Do not mistreat a widow or an orphan.
22:22 If you mistreat them, and they cry out to Me, I will hear their cry.
22:23 I will [then] display My anger and kill you by the sword, so that your wives will be widows, and your children, orphans.

Lending Money
22:24 When you lend money to My people, to the poor man among you, do not press him for repayment. [Also] do not take interest from him.
22:25 If you take your neighbor's garment as security [for a loan], you must return it to him before sunset.
22:26 This alone is his covering, the garment for his skin. With what shall he sleep? Therefore, if he cries out to Me, I will listen, for I am compassionate.

Accepting Authority
22:27 Do not curse the judges. Do not curse a leader of your people.
22:28 Do not delay your offerings of newly ripened produce and your agricultural offerings.

Give me the first-born of your sons.

22:29 You must also do likewise with your ox and sheep. It must remain with its mother for seven days, but on the eighth day, you must give it to Me.
22:30 Be holy people to Me. Do not eat flesh torn off in the field by a predator. Cast it to the dogs.



Commentary:

breaking in
  (Hirsch). Cf. Jeremiah 2:34, Ezekiel 8:8; Amos 9:2, Job 24:16. Or, 'digging in' (Radak, Sherashim); or, 'with deadly intent' (Rashbam).

not considered an act of murder
  Literally, 'he has no blood.'

in broad daylight
  (Rashbam; Ibn Ezra; cf. Saadia). Literally, 'if the sun shines on him,' an idiom. Or, 'if it is clear (that he has no deadly intent' (Mekhilta; Sanhedrin 72a; Rashi); or 'if it is done publicly [in the presence of witnesses]' (Targum; Ramban).

weeds
  Or 'thorns' (Rashi).

to watch
  Without paying for their being watched (Targum Yonathan; Bava Metzia 94a). These are items that are usually watched without fee (Ramban; Tosafoth, Bava Metzia 41b, s.v. Karna).

the thief
  (Bava Kama 63b; Rashi). See Exodus 22:3.

lay a hand on
  That he did not hide the missing article (Rashbam; Ramban). Or, 'that he did not make personal use of the article' (Bava Metzia 41a). Since the custodian has no right to make personal use of the articles in his safekeeping, as soon as he does so, he becomes like a thief, and thus has full responsibility for any loss. See Exodus 22:10.

In every case...
  (following Rashi; Yad, Genevah 4:1). Or, 'In every case of liability' (Targum; Rashbam); or, 'In every case of negligence' (Bava Kama 107b; Targum Yonathan; Radak, Sherashim, s.v. Pesha); or, 'In every case of denied guilt' (Saadia).

witnesses
  (Rashi; Yad, loc. cit.; cf. Bava Kama 108b). Or, '[where the keeper] says [part of the claim is true' (Kiddushin 65b, Rashi ad loc.).

that it was seen
  See note, this verse, 'witnesses.' Literally, 'which he says, that this is it.'

to the courts
  See note on Exodus 21:6.

to watch
  For pay. See note on Exodus 22:6.

make use of
  Literally, 'lay a hand on.' See note on Exodus 22:7. (Mekhilta; Rashi; cf. Bava Metzia 41a).

it
  The dead animal (Mekhilta; Adereth Eliahu). Or, 'the owner must accept the oath' (Rashi; Rashbam; see Bava Kama 106a; Shevuoth 45a).

evidence
  Witnesses (Rashi; Sforno). In every case where it is possible to provide witnesses, this is what must be done (Yad, Sekhiruth 1:2; see Exodus 22:9). According to some, other evidence that the animal was killed, such as part of the body is also acceptable (Rashbam; Ibn Ezra. This point is debated in Bava Kama 10b, 11a; Mekhilta; cf. Targum Yonathan). If there are no witnesses or evidence, he may swear and be exempt from liability (Bava Metzia 83a; Yad, Sekhiruth 1:2).

broken or dies
  Even by accident (Rashi).

involved
  But if the owner is working for the borrower in any manner whatever, there is no liability (Mekhilta; Bava Metzia 94a; Rashi; Yad, Sho'el 2:1). Where the owner is working for the borrower, it is assumed that the owner has some benefit in lending the article (Hirsch). Literally, 'and its owner is not with it.' This can also be interpreted, 'the owner is not there at the time' (Ibn Ezra on Exodus 22:14), or, 'the owner was not [working] with [the article]' (Rashbam).

If the article...
  (Mekhilta; Rashi). Or, 'If [the owner] is an employee [of the borrower], then [the loss] is covered by his wages' (Yad, Sekhiruth 1:3; Sekhel Tov; Bekhor Shor; Chizzkuni; Abarbanel; Adereth Eliahu).

betrothed
  Betrothal rights (erusin) is the first step in marriage, where the couple are legally married, and the marriage can only be dissolved by an official bill of divorce. Today, the giving of the ring is the betrothal ceremony. Adultery with a betrothed girl is a crime punishable by death. Deuteronomy 22:23 f (Rashbam). The second step of marriage is when the husband brings the bride into his domain (nesuin).

her father
  And certainly if she herself refuses (Kethuvoth 39b; Kiddushin 46a).

usual dowry
  50 silver shekels (Deuteronomy 22:29; Kethuvoth 29b; Rashi). Since there are 4 zuzim to a shekel, this is equal to 200 zuzim (Sekhel Tov). This is also the amount that is written in a woman's marriage contract (kethuvah) upon marriage (Kethuvoth 10a). It was enough for a person to live on for a year (Peah 8:8; Rash, Bertenoro ad loc.).

Do not allow...
  See Deuteronomy 18:10,11; Leviticus 19:26,31.

Whoever...
  See Leviticus 18:23, 20:15,16, Deuteronomy 27:21. This was done for occult practices (Sanhedrin 105a,b).

condemned to death
  See Deuteronomy 17:7.

foreigner
  In general, anyone from another country (Rashi; MeAm Lo'ez). Specifically, a proselyte (Ralbag; Sefer HaMitzvoth, Negative Commandment 253; Chinukh 63). See Exodus 23:9, Leviticus 19:33,34, Deuteronomy 24:17,18, 27:19.

them
  Literally, 'him.'

do not press him...
  (Bava Metzia 75b; Yad, Malveh 1:3). Literally, 'do not behave like a creditor toward him' (Rashi; Ramban). Or, 'do not act as if you have power over him' (Targum); or, 'do not demand special consideration from him' (Ibn Ezra).

interest
  The word neshekh used here specifically denotes prepaid interest (Bava Metzia 60b; Ralbag). See Leviticus 25:35-38, Deuteronomy 15:7-11, 23:19,20.

before sunset
  (Targum Yonathan; see Deuteronomy 24:13). Or, 'at sunset' (Saadia). In the Talmud, this opinion is cited, as well as another which would translate the verse, 'you must return it [and allow him to wear it] until sunset' (Bava Metzia 114b).

the judges
  (Targum). Elohim in Hebrew. Or, 'God' (Septuagint). See note on Exodus 21:6. Some sources cite both interpretations (Mekhilta; Sanhedrin 66a; Rashi; Sefer HaMitzvoth, Negative Commandment 60).

curse
  The first 'curse' in this verse is kalal, while the second is arar. Kalal is a curse that someone should lose his status, while arar is one that he should dry up and not have any blessing. Kalal is motivated by defiance, while arar is motivated by envy (Hirsch; Chothem Takhnith, p. 125). Some say that arar is a curse that one should be cast down (yarah) or shut out from divine light (or). (Yerioth Sh'lomo, Volume 1,3:13, p.88c).

delay
  More specifically 'transpose' (Terumah 3:6; Sefer HaMitzvoth, Negative Commandment 154; Yad, Terumah 3:23). One may not give these offerings in the wrong order.

offerings of newly ripened produce
  (Rashi, Terumah 4a; Bertenoro, Terumah 3:6). Denoting the first fruits or bikkurim (Targum; Mekhilta; Terumah 4a). See Exodus 23:19. Some say that it is called mele'ah from the root malea meaning full or ripe, since it must be given as soon as the fruit ripens (Rashi; Radak, Sherashim). Others say that fruit that is 'full' because no tithes or offerings have as yet been removed from it (Rabbenu Gershom, Terumah 4a). Cf. Numbers 18:27, Deuteronomy 22:9.

The Septuagint translates this as 'the first fruits of your alonos', where the Greek alonos can denote threshing floor, garden, vineyard, or orchard. Saadia likewise translates it 'the first fruits of your wine and grain.'

According to others, mele'ah is that which is gathered in at harvest (Ramban). Still others take it as a word for wine (Ibn Ezra). It can also mean rain (Rashbam).

agricultural offerings
  This is the agricultural offering that is given to the cohen-priest, later known as terumah (Mekhilta; Terumah 4a; Rashi; cf. Numbers 15:19, 18:8,24). The word dema used here is unique, but it is seen as a synonym for terumah (Mekhilta; Rambam on Damai 1:3; Oholoth 16:4, Tahoroth 2:3, Rambam, Rash ad loc.). Significantly, in ancient Egyptian, the word dema denotes something upon which a special title has been bestowed, or something with a special status. It may be that this was the word used for terumah before Aaron's sons were chosen as the priests.

Many see the word dema as being related to dim'ah, the word for tears. Hence, it denotes juices squeezed from the fruit, particularly wine and olive oil (Radak, Sherashim; Ramban; Abarbanel). Others see it specifically denoting olive oil (Saadia; Ibn Janach; Rashbam; cf. Pliny 11:6) or wine (Targum Yonathan). Others also include winnowed grain, since it is removed from the husk like a tear from the eye (Malbim). The Septuagint translates it as lynou, a vat, and specifically a wine vat.

Some see this as also being a connotation for terumah since terumah is separated primarily after the work on the crops is completed, and thus, after the grapes and olives are pressed (Ralbag; cf. Deuteronomy 18:4; Tosefta, Terumah 3:10,11,12; Yad, Terumoth 5:5,6). Others say that it is because, unlike the first fruits, terumah must also be brought from liquids such as wine and oil (Tosafoth, Terumah 4a, s.v. mele'athekha; cf. Terumah 1:8).

According to other authorities, the primary connotation of dema is that of a mixture (Raavad, Tum'ath Meth 9:9; cf. Orlah 2:4; Gittin 52b). According to this, as soon as the obligation to separate terumah falls on produce, it is considered to be mixed (damah) with the terumah. Terumah is therefore called dema because it is separated from a mixture (Rabbenu Gershom, Terumah 4a; Rashi ibid.). Significantly, in ancient Egyptian, dema also denotes a mixture.

first-born...sons
  See Exodus 13:2,13.

do likewise...
  See Exodus 13:12.

seven days
  See Leviticus 22:27.

flesh torn off...
  This, specifically forbids flesh from a living animal (Targum; Chullin 73b; Yerushalmi, Nazir 6:1; Sefer HaMitzvoth, Negative Commandment 182). See Genesis 9:4. Or, 'the flesh of an animal attacked by a predator in the field' (Chullin 102b; Mekhilta; Rashi). See Leviticus 22:8. It includes any animal that has a lesion or wound that will eventually kill it (Chullin 3:1). See Ezekiel 4:14, 44:31.





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