1 If a man shall steal an ox, or a sheep, and kill it, or sell it; he shall restore five oxen for an ox, and four sheep for a sheep.
2 If a thief be found breaking up, and be smitten that he die, there shall no blood be shed for him.
3 If the sun be risen upon him, there shall be blood shed for him; for he should make full restitution; if he have nothing, then he shall be sold for his theft.
4 If the theft be certainly found in his hand alive, whether it be ox, or ass, or sheep; he shall restore double.
5 If a man shall cause a field or vineyard to be eaten, and shall put in his beast, and shall feed in another man's field; of the best of his own field, and of the best of his own vineyard, shall he make restitution.
6 If fire break out, and catch in thorns, so that the stacks of corn, or the standing corn, or the field, be consumed therewith; he that kindled the fire shall surely make restitution.
7 If a man shall deliver unto his neighbour money or stuff to keep, and it be stolen out of the man's house; if the thief be found, let him pay double.
8 If the thief be not found, then the master of the house shall be brought unto the judges, to see whether he have put his hand unto his neighbour's goods.
9 For all manner of trespass, whether it be for ox, for ass, for sheep, for raiment, or for any manner of lost thing which another challenges to be his, the cause of both parties shall come before the judges; and whom the judges shall condemn, he shall pay double unto his neighbour.
10 If a man deliver unto his neighbour an ass, or an ox, or a sheep, or any beast, to keep; and it die, or be hurt, or driven away, no man seeing it:
11 Then shall an oath of the Lord be between them both, that he has not put his hand unto his neighbour's goods; and the owner of it shall accept thereof, and he shall not make it good.
12 And if it be stolen from him, he shall make restitution unto the owner thereof.
13 If it be torn in pieces, then let him bring it for witness, and he shall not make good that which was torn.
14 And if a man borrow ought of his neighbour, and it be hurt, or die, the owner thereof being not with it, he shall surely make it good.
15 But if the owner thereof be with it, he shall not make it good: if it be an hired thing, it came for his hire.
16 And if a man entice a maid that is not betrothed, and lie with her, he shall surely endow her to be his wife.
17 If her father utterly refuse to give her unto him, he shall pay money according to the dowry of virgins.
18 You shalt not suffer a witch to live.
19 Whosoever lies with a beast shall surely be put to death.
20 He that sacrifices unto any god, save unto the Lord only, he shall be utterly destroyed.
21 You shalt neither vex a stranger, nor oppress him: for you were strangers in the land of Egypt.
22 You shall not afflict any widow, or fatherless child.
23 If you afflict them in any wise, and they cry at all unto me, I will surely hear their cry;
24 And my wrath shall wax hot, and I will kill you with the sword; and your wives shall be widows, and your children fatherless.
25 If you lend money to any of my people that is poor by you, then you shall not be to him as an usurer, neither shall you lay upon him usury.
26 If you at all take thy neighbour's raiment to pledge, you shalt deliver it unto him by that the sun goes down:
27 For that is his covering only, it is his raiment for his skin: wherein shall he sleep? and it shall come to pass, when he cries unto me, that I will hear; for I am gracious.
28 You shalt not revile the gods, nor curse the ruler of thy people.
29 You shalt not delay to offer the first of your ripe fruits, and of your liquors: the firstborn of your sons shalt you give unto me.
30 Likewise shalt you do with thine oxen, and with thy sheep: seven days it shall be with his dam; on the eighth day you shalt give it me.
31 And you shall be holy men unto me: neither shall you eat any flesh that is torn of beasts in the field; you shall cast it to the dogs.
[1] This chapter is a continuation of the context established in 21:1.
h.אם במחתרת means when he was breaking in into the house (i. e. in the very act of forcing an entry, but at no other moment).
h.אין לו דמים THERE SHALL NO GUILT OF BLOOD BE INCURRED FOR HIM — This is not regarded as a murder; it is as though he (the thief) has been dead from the beginning of his criminal act (אין לו דמים is taken to mean: he, the thief, had no blood — no vitality). Here the Torah teaches you the rule: “If one comes with the intention of killing you, be quick and kill him”. — And this burglar actually came with the intention of killing you, for he knew full well that no one can hold himself in check, looking on whilst people are stealing his property before his eyes and doing nothing. He (the thief) therefore obviously came with this purpose in view — that in case the owner of the property would resist him, he would kill him (Sanhedrin 72a).
h.אם זרחה השמש עליו IF THE SUN SHONE UPON HIM — This is only a metaphorical expression signifying: if the fact is clear to you that he is peaceably disposed towards you. The simile is: just as the sun brings peace (happiness) to the world so if it is evident to you that he did not come with the intention of killing, even if the owner of the property would resist him (Sanhedrin 72a), as, for instance, when a father breaks in to steal the money of his son, for it is certain that the father cherishes feelings of pity for his child and the matter of taking human life is not in his thoughts at all, — then
h.דמים לו, then he is to be regarded as a living man (cf. Rashi’s explanation of אין לו דמים v. 1.), and it is murder if the householder kills him.
h.שלם ישלם means the thief shall only restore the money he has stolen but is not subject to the death penalty. Onkelos who renders אם זרחה השמש עליו by, “If the eye of witnesses fall upon him” chose a different way of explaining the verse, namely, that if witnesses surprise him before the householder appears, and when the householder is going towards him they warn him not to kill him (the thief), then דמים לו, he is punishable if he kills him; for since there are people watching him the thief surely has no thought of taking human life and will not kill the owner of the property.
h.המצא תמצא IF THE THEFT BE CERTAINLY FOUND IN HIS HAND i. e. in his possession (Mekhilta d'Rabbi Yishmael 22:3:2), he having neither sold it nor slaughtered it he shall pay only double.
h.משור עד חמור WHETHER IT BE AN OX OR AN ASS — Every thing stolen whether it be animate or inanimate comes under the category of things for which two-fold compensation (“kefel”) must be made, for it is said in another verse, (8) “[for every matter of tresspass whether it be for ox, for ass…], for sheep, for raiment or for any lost thing … he shall pay double unto his fellow-man”(Bava Kamma 62b).
h.חיים שנים ישלם means, two living animals (חיים שנים) shall he pay and he shall not give dead animals in payment (Mekhilta d'Rabbi Yishmael 22:3:4) — but either living animals or the value of living animals.
h.כי יבער … בעירה ובער All these terms are connected with the word בעיר which signifies “cattle”, as in (Numbers 20:4) אנחנו ובעירנו “we and our cattle“.
h.כי יבער means accordingly, he takes his cattle into the field or the vineyard of his fellow-man and causes damage to him by one of these two ways: either by the mere fact that he lets his cattle go (tread) there (ושלח את בעירו), or by letting it graze there (ובער). Our Rabbis explained (Bava Kamma 2b), that ושלח refers to the damage done by “treading” (Rashi uses a Biblical phrase Deuteronomy 5:1. “treading of the hollow of the foot”) and ובער to the damage caused by the tooth that eats up and removes (מבערת) the crops (grazing).
h.בשדה אחר means בשדה של אחר IN THE FIELD OF ANOTHER MAN (not “in another field”, when it would be punctuated בְּשָׂדֶה, for בִּשְׁדֵה is the construct form).
h.מיטב שדהו … ישלם THE BEST OF HIS FIELD SHALL HE PAY — We assess the damage, and if the defendant proposes to make restitution to him for the damage he has suffered with “land’” then he has to pay him with the best of his fields. If for instance the damage amounted to a Sela he has to give him a Sela-worth of the best of the fields he possesses). Scripture teaches you that in cases of damages (which it is proposed to pay with land) we assess and collect them from the best land of the defendant (Mekhilta d'Rabbi Yishmael 22:4:6; Bava Kamma 6b).
h.כי תצא אש IF A FIRE GOETH FORTH — i. e. even if it goeth forth (extends) by itself (Bava Kamma 24b) from the field in which it has been lit into another persons field.
h.ומצאה קוצים AND CATCH IN THORNS —chardons in old French
h.ונאכל גדיש SO THAT THE STACKS OF CORN [OR THE STANDING CORN] BE CONSUMED, because it (the fire) licked up the thorns and gradually reached the stacks of corn or the standing corn, i. e. corn that is still attached to the ground.
h.או השדה OR THE FIELD — because it (the fire) liked up his furrow (the newly broken soil), so that it became hard and he (the owner) has to plough it again (Bava Kamma 60a).
h.שלם ישלם המבער HE THAT KINDLED [THE CONFLAGRATION] SHALL SURELY PAY — Although he has lit the fire on his own soil and it extended by itself through the thorns which it came across, he has to make restitution because he did not guard his fire (lit., burning coals) that it should not extend and cause damage.
h.וגנב מבית האיש AND IT BE STOLEN OUT OF THE MAN’S HOUSE — i. e. according to his statement),
h.אם ימצה הגנב ישלם IF THE THIEF BE FOUND HE — the thief — SHALL PAY שנים DOUBLE to the owner (to the bailor not to the bailee) (Bava Kamma 63b).
h.אם לא ימצא הגנב IF THE THIEF BE NOT FOUND then this bailee — who is בעל הבית “the owner of the house” for the time being (since the bailment is then in his possession although he is not really its owner) — shall come.
h.ונקרב אל AND SHALL APPROACH UNTO THE אלהים — the judges, to put his case against the other and to swear unto him that he has not put forth his hands against his property (Bava Kamma 63b).
h.על כל דבר פשע FOR ALL MANNER OF TRESSPASS in which he (the bailee) is proved a liar in respect of his oath (i. e. is convicted of perjury), because witnesses testify that he himself has stolen it and the judges condemn him on the evidence of the witnesses,
h.ישלם שנים לרעהו HE SHALL PAY THE DOUBLE TO HIS FELLOW-MAN — Scripture teaches you that in a case of a bailment where one pleads that it has been stolen from him and it is proved that he himself has stolen it he is liable to pay “kefel” (twice the value of the article) to the owner. When, however, does this law hold good? In the case that he has taken an oath that it has been stolen from him and witnesses afterwards appear and testify to the contrary. For our Rabbis expound this phrase as follows: (Bava Kamma 63b) “and the owner of the house shall approach unto the judges” — this “approaching the judges” is an expression signifying the taking of an oath. You say that it means approaching the judges in order to take an oath, but perhaps this is not so, and it means that he approaches them to put his case, and that the meaning of the verse is. that as soon as the bailee appears before the court and denies any liability, saying, “it has been stolen” from me, he at once becomes liable to pay double if witnessess appear who testify that the bailment is still in his possession? You certainly cannot argue thus! For “conversion” (שליחות יד) is mentioned here and later on (v. 10) it is mentioned again: “Then shall the oath of the Lord be between the two of them, if he hath not put his hand (אם לא שלח ידו) unto his fellow-man’s goods”. — Now, what is the meaning of the phrase in the latter case? It is evident from what precedes it that it is a matter of taking an oath! So also here it is a matter of taking an oath. (Bava Kamma 63b).
h.אשר יאמר כי הוא זה means, according to the literal sense, any article about which the witness will say: “this is the very article” about which you have taken an oath that it has been stolen from you; see, it is actually in your possession! — then the matter of dispute between the two of them shall come before the judges. These shall examine the witnesses, and if they prove to be trustworthy and they (the judges) condemn this bailee, then he has to pay double. If, however, they condemn the witnesses because these are found to be “plotting” witnesses (זוממין) then shall they (the witnesses) pay double to the bailee. Our Rabbis, of blessed memory, however, explained that כי הוא זה tells us that no oath can be imposed upon him (the defendant) except if he admits a part of the other’s claim asserting, “So-and-so much I owe you, and the rest has been stolen from me” (according to this explanation the phrase כי הוא זה is not a statement of the witnesses but that of the bailee himself; i. e. he says, כי הוא זה, “it is this only” that you have to claim and not as much as you say) (Bava Kamma 107b).
h.כי יתן איש אל רעהו חמור או שור IF A MAN GIVE UNTO HIS FELLOW-MAN AN ASS OR AN OX — The first section (v. 6—9) speaks of the gratuitous bailee and therefore (since the chattels are kept for the use of the bailor only) Scripture frees him of liability for theft, as it is written, (v. 6) “[If a man shall give … to keep] and it be stolen out of the man’s house, if the thief be not found, then the owner of the house shall approach the judges” to take an oath (cf. Rashi v. 7). You may learn from this that he (the bailee) frees himself from liability by this oath. This section (v. 9—12), however, speaks of a “bailee for payment” (שומר שכר) who is therefore not free from liability if the object has been stolen, as it is written, “but if it be certainly stolen from him, he shall pay [unto the owner thereof]” (Bava Metzia 94b). However, for any loss over which he has no control — if, for instance, the animal died a natural death or has been injured by a wild beast, or forcibly seized by robbers, and אין רואה NO ONE SEEING IT that could testify in this matter
h.שבעת ה׳ תהיה THEN SHALL THE OATH OF THE LORD BE BETWEEN THEM BOTH — i. e. he (the bailee) must take an oath that the case was as he says (that it died or was injured or captured), and also that he had not previously put forth his hand against it (the object), using it for his own purposes. For if he had thus “put forth his hand” and afterwards some accident, as described, happened to it he is held liable for loss by accident (Bava Metzia 94b), since he has broken the terms of the contract. —
h.ולקח בעליו AND THE OWNER OF IT SHALL ACCEPT IT — i. e. shall accept the oath (Bava Kamma 106a),
h.ולא ישלם AND HE — the bailee — SHALL NOT PAY HIM (the bailor) anything, not even the capital (קרן).
h.אם טרף יטרף IF IT BE TORN IN PIECES — by wild beasts.
h.יביאהו עד THEN LET HIM BRING WITNESSES that it has been torn in pieces by accident and he shall be freed from liability.
h.הטרפה לא ישלם HE SHALL NOT PAY THAT WHICH HAS BEEN TORN — It does not say טרפה לא ישלם “one which has been torn he shall not pay for” — but it says “the torn one”, (the one mentioned here, viz., that which was torn without him being able to prevent it). Because there is a torn beast for which he has to pay and a torn beast for which he has not to pay. For an animal torn by a cat, a fox or a marten he has indeed to make restitution; but for one torn by a wolf, a lion, a bear or a serpent he is not liable to pay. But how do you come to make such a distinction (lit., who whispered to you to draw such a conclusion)? Because, you see, it states, “and if it die or be injured, or be captured”. Now what is the characteristic of natural death? One cannot save from it! Thus, also, the injury and the capture must be such that he was unable to save the animal from it (cf. Mekhilta d'Rabbi Yishmael 22:12).
h.וכי ישאל איש AND IF A MAN BORROWS — The purpose of this verse is to tell you that the borrower is liable for loss from whatever cause even from accident.
h.בעליו אין עמו THE OWNER THEREOF NOT BEING WITH IT (lit., with “him”) — i. e. if the owner of the ox is not employed with the borrower in his work (Bava Metzia 95b).
h.אם בעליו עמו BUT IF THE OWNER THEREOF BE WITH IT (lit., with “him”) — whether he be employed in the very kind of work for which the animal has been borrowed, or whether he be employed in any other work of the borrower — provided that he (the owner) was employed by the borrower when the loan was effected it is not necessary, in order to free him from restitution that he should be employed by the bailee at the time when the injury or death took place (Bava Metzia 95b).
h.אם שכיר הוא IF IT BE HIRED — i. e. if the ox has not been borrowed but hired, בא בשכרו THEN IT CAME FOR ITS HIRE into the hand of this hirer and not by way of loan. For he does not get the entire benefit of the transaction since he is using it only because he has paid hire for it and consequently the owner benefits also; therefore the law applicable to a borrower does not apply in his case — that he should be held liable for loss by accident. Scripture, however, does not state explicity what his (the hirer’s) law actually is — whether he has to be treated as the gratuitous bailee (שומר חנם) or as the bailee for payment (שומר שכר), and therefore the Sages in Israel differ in their opinion as to how the hirer (שוכר) has to make restitution. R. Meir says he is responsible only as a gratuitous bailee, whilst R. Judah says, even as a bailee for payment (Bava Metzia 80b).
h.וכי יפתה AND IF A MAN ENTICE [A VIRGIN] — i. e. if he speaks kindly to her until she submits to him. Thus does also the Targum take it: ארי ישדל “if a man persuades”, the root שדל (the Pael conjugation) in Aramaic being the equivalent of פִּתָּה in Hebrew.
h.מהר ימהרנה HE SHALL SURELY GIVE HER THE MARRIAGE PRICE — He shall assign her a marriage portion as is the practice of a man to do to his wife, i. e. he shall write her a Ketuba (marriage contract providing for a marriage portion) and shall marry her (Mekhilta d'Rabbi Yishmael 22:15:3).
h.כמהר הבתולת AS THE MARRIAGE PRICE OF THE VIRGINS — which is limited to fifty shekels in the case of one who outrages a virgin, for it is said, (Deuteronomy 22:29) “Then the man that lay with her shall give unto the damsel’s father fifty shekels of silver” (Mekhilta d'Rabbi Yishmael 22:16:2; Ketubot 10a).
h.מכשפה לא תחיה THOU SHALT NOT SUFFER A WITCH TO LIVE — This does not mean that you may kill her but she shall be put to death by the court. Both men and women who practise witchcraft are included in this law but in using the feminine term מכשפה Scripture speaks of what is usually the case; for it is women who mostly practise witchcraft (Sanhedrin 67a).
h.כל שכב עם בהמה מות יומת — All who have carnal connection with beasts, whether men or women, shall surely be put to death — by stoning, for it states of such, (Leviticus 20:16) “their blood is upon them” (cf. Rashi on Exodus 21:17) (Mekhilta d'Rabbi Yishmael 22:18)].
h.לָאֱלֹהִים means TO IDOLS — If the word (a noun) were punctuated לֵאלֹהִים, with Tzéré under the first ל it would be necessary to define it more closely by adding the adjective אחרים = strange (gods — idols); now, however, that it says לָאֱלֹהִים it is not necessary to define it more closely by adding the word אחרים. For wherever ל or ב are prefixed to a word if it (the prefix) be punctuated with Chataph (שוא), as e. g., לְמֶלֶךְ a king, לְמִדְבָּר, to a desert, לָעִיר, to a city, it must be explained to which king, to which desert, to which city. The same is the case if the ל or ב has a Chirik instead of a Sheva which happens when they are placed before a word beginning with Sheva, as e.g., in לִמְלָכִים for kings, לִרְגָלִים, for festivals, (quoted from Mishnah Rosh Hashanah 1:1) it is necessary to state for which kings or festivals, and if he does not state this, all kings and festivals are implied by these words. Similarly here: the word לַאלֹהִים “to gods”, would imply “all gods”, including even Him of Whom the term אלהים is used in a holy sense (i. e. the Most High God). When, however, it (the prefix) is vowelled with Patach (or Kametz if the following letter cannot take Dagesh), as לַמֶּלֶךְ and לַמִּדְבָּר and לָעִיר it is quite plain which king one is speaking of, and similarly in the case of לָעִיר “to the city”, it is quite plain of which city one is speaking. In the same way, לָאֱלֹהִים, to the gods, means to those gods which in another passage you have been forbidden to worship. A similar instance is, (Psalms 86:8) אין כמוך בָאֱלֹהִים, “there is none like unto Thee among the gods” — because he did not more closely define it by the addition of some word like אחרים, it was necessary for him to vowel the ל with Patach (Kametz).
h.יחרם means SHALL BE PUT TO DEATH — Why is this verse with its predicate יחרם said at all? Was not the death penalty for him (the idolator) stated in another passage: (Deuteronomy 17:5) “Thou shalt bring forth that man or that woman [who have done that evil thing … and stone them]”? But the reason is: because Scripture does not specify there for what form of worship he (the idolator) is liable to death and it merely states, “and hath gone and served other gods” — now, in order that you might not say that any kind of worship offered to idols is punishable with death, Scripture comes and definitely tells you here: “one who sacrificeth unto any god [shall surely be put to death]”, to teach you that all kinds of worship which have a certain characteristic of “sacrifice” are meant here. What is this characteristic of sacrifice? It is an act of worship performed in honour of the Lord in the “Interior” (i. e. in the Temple)! So I mean to include as punishable by death anyone offering incense and libation since these are also acts of worship performed in the Temple, and that one is liable for these acts if he performed them in honour of any idol, whether this be the usual way of worshipping it or whether this be not the usual way of worshipping it. But other forms of adoration which are shown to some idols but which are not peculiar to the worship of the idol which one happens to be worshipping, — if, e. g., one sweeps the place before the idol in its honour, or one lays the dust in front of it by sprinkling water there, or one embraces or kisses it, — are not punishable by death (cf. Sanhedrin 60b).
h.וגר לא תונה — means, do not vex him with words (referring to the fact that he is a stranger); contrarier in old French Similar is, (Isaiah 49:26) “And I will feed them that vex thee (מוניך) with their own flesh”.
h.ולא תלחצנו NOR OPPRESS HIM — by robbing him of money (Mekhilta d'Rabbi Yishmael 22:20).
h.כי גרים הייתם FOR YE WERE STRANGERS — If you vex him he can vex you also by saying to you: “You also descend from strangers”. Do not reproach thy fellow-man for a fault which is also thine (Mekhilta d'Rabbi Yishmael 22:20). Wherever גר occurs in Scriptures it signifies a person who has not been born in that land (where he is living) but has come from another country to sojourn there.
h.כל אלמנה ויתום לא תענון YOU SHALL NOT AFFLICT ANY WIDOW, OR FATHERLESS CHILD — That is also the law regarding any person, but Scripture is speaking of what usually happens and therefore mentions these in particular, for they are feeble in defensive power (i. e. they have no one to protect them) and it is a frequent occurrence for people to afflict them (Mekhilta d'Rabbi Yishmael 22:21).
h.אם ענה תענה אתו IF THOU AFFLICT THEM IN ANY WISE — This is an elliptical phrase — the text threatens but breaks off and does not specify immediately the punishment which will fall upon those who do this. We have the same in, (Genesis 4:15) “Therefore whosoever slayeth Cain …” it threatens but does not specify the punishment. So, here, too: “If thou afflict them in any wise”, — this is a threat, as much as to say: “in the end you will get your deserts!” Why are you certain to get them? “Because (כי) if (אם) they cry at all unto Me, I will surely hear their cry”.
h.והיו נשיכם אלמנות AND YOUR WIVES SHALL BE WIDOWS [AND YOUR CHILDREN FATHERLESS] — From what is implied in the words, “I will kill you with the sword” do I not know that “your wives shall be widows and your children orphans”? But the explanation of the latter words is not that implied by your question; it is quite a different curse: that the wives will be “fettered” for life — “as living widows” (Rashi is imitating a Biblical phrase, II Samuel 20:3, used in a somewhat similar sense) — that there will be no witnesses who can testify to the death of their husbands, and so they will be forbidden to re-marry. In which case the children will be destitute orphans, for the court will not allow them to take possession of the chattels of their fathers, since they do not know whether they have died or have only been taken captives (Mekhilta d'Rabbi Yishmael 22:23; Bava Metzia 38b).
h.אם כסף תלוה את עמי IF THOU LEND MONEY TO ANY OF MY PEOPLE — R. Jishmael said: wherever אם occurs in Scripture it is used of an act the performance of which is optional, except in three instances, of which this is one (Mekhilta d'Rabbi Yishmael 22:24:1; cf. Rashi on Exodus 20:22 - the translation therefore is: “When thou lendett etc.”).
h.את עמי TO ANY OF MY PEOPLE — If thou hast to choose between lending money to My people and a heathen, My people come first; if between a poor man and one who is better off, the poor man comes first; if between thine own poor (poor relatives) and other poor of thy city, thine own poor come first; if between the poor of thine own city and the poor of another city, the poor of thine own city come first (Mekhilta d'Rabbi Yishmael 22:24:3; Bava Metzia 71a). And this is how the above explanation is implied in the text: “If thou lend money” — את עמי “lend it to My people”, and not to a heathen; and to which one of My people? את העני, to the poor; and to which poor? עמך to him that is with thee (i. e. who is with thee in relationship and is with thee in thy city). [Another explanation of את עמי is: Thou shalt not treat him disrespectfully when lending him money, for he is עמי — though in need he is still “My people”!
h.את העני עמך Look at thyself as though thou art the poor man (Midrash Tanchuma 6:15)].
h.לא תהיה לו כנשה THOU SHALT NOT BE UNTO HIM AS AN EXACTOR — you shall not demand the debt of him forcibly. The comparative כ of כנשה suggests thou shalt not be like a נשה: if you know that he has no money do not appear in your attitude towards him as though you had lent him, but as though you had not lent him — it means as much as, do not humble him.
h.נשך is what is called in Rabbinical Hebrew רבית (from רבה to increase). It is called נשך “biting”, because it resembles the bite of a snake: it bites, inflicting a small wound in a person’s foot which he does not feel at first, but all at once it swells and distends the whole body up to the top of his head. So it is with interest: at first one does not feel the drain it makes on him and it remains unnoticed until the interest mounts up and suddenly makes the person lose a big fortune (Exodus Rabbah 31:6).
h.אם חבל תחבל IF THOU TAKE TO PLEDGE — The root חבל never signifies “taking a pledge” at the time when the loan is transacted, but it means taking the goods of the debtor when the date of payment arrives and he does not pay (Bava Metzia 114b). [חבל תחבל — Scripture bids you take the pledge repeatedly — even many times (that is, repeatedly to defer the time of payment). The Holy One, blessed be He, says as it were: “How much do you owe Me! See, your soul ascends night by night to Me and renders account of its doing and so becomes My debtor, and should be kept as a pledge; and yet I return it to you every morning. Thus, too, you should do: take the pledge and restore it, take it again and again restore it!”) (Midrash Tanchuma, Mishpatim 16)].
h.עד בא השמש תשיבנו לו RESTORE IT UNTO HIM TILL THE GOING DOWN OF THE SUN — Restore it unto him for the whole day until the sun-set, and at night-fall you may take it again till the day-break of the next morning. Scripture speaks here of garment which is worn during the day and which is not required during the night (Bava Metzia 114b).
h.כי הוא כסותה FOR THAT IS HIS RAIMENT — i. e. his upper garment;
h.שמלתו means HIS SHIRT (the שמלה for the skin);
h.במה ישכב WHEREIN SHALL HE LIE DOWN — These words are used to include amongst the articles which must be returned to him during the day the couch and its coverings on which he rests during day-time (Mekhilta d'Rabbi Yishmael 22:26:3).
h.אלהים לא תקלל THOU SHALT NOT EXECRATE GOD — Here you have the prohibition of blasphemy (the penalty being stated in Leviticus 24:16) and the prohibition of cursing a judge (who is also termed אלהים, cf. Exodus 22:7) (cf. (Mekhilta d'Rabbi Yishmael 22:27:1 and Sanhedrin 66a).
h.מלאתך [THOU SHALT NOT DELAY TO OFFER FROM] THY FULLNESS — The duty which falls upon you as soon as your crop becomes fully ripened: this refers to the first fruits (בכורים).
h.ודמעך means THE HEAVE OFFERING, — thus do our Rabbis explain it (cf. Mekhilta d'Rabbi Yishmael 22:28), but I do not know what the expression דמע means (i. e. I do not know how it comes to have the meaning of (תרומה).
h.לא תאחר THOU SHALT NOT DELAY — i. e. thou shalt not alter the prescribed sequence of separating them from the crops, setting aside last what should be first and setting aside first what should be last — i. e. that one should not set aside the heave-offering before the first fruit nor the tithe before the heave-offering (Mekhilta d'Rabbi Yishmael 22:28).
h.בכור בניך תתן לי THE FIRST BORN OF THY SONS SHALT THOU GIVE UNTO ME — by redeeming him from the priest by the payment of five Sela’im. Scripture, it is true, has already given an ordinance concerning him (the firstborn) in another passage (Numbers 18:16), but it is stated here again in order to bring it into juxtaposition with the next verse: “Likewise shalt thou do with that of thine ox”, and to illustrate the latter command by the former. How is it in the case of a human being? He (the father) redeems it after thirty days, for it is said, (Numbers 18:16) “and those that are to be redeemed, from a month old shalt thou redeem”! So, too, has the owner of small cattle to look after it for 30 days and only afterwards must he give it to the priest (cf. Mekhilta d'Rabbi Yishmael 22:28 and Bekhorot 26b).
h.שבעת ימים יהיה עם אמו SEVEN DAYS IT SHALL BE WITH ITS DAM — This is an admonition for the priest (for the Israelite himself does not sacrifice the firstborn animal) that if he wishes to bring his offering of this at an earlier date (i.e. in the case of the Israelite having given it to him before the thirtieth or fiftieth day) he is not allowed to offer it before it is eight days old because it is then “short in time” (i. e. too young for sacrifice; cf. Leviticus 22:27).
h.ביום השמיני תתנו לי ON THE EIGHTH DAY THOU SHALT GIVE IT ME — One might think that it is obligatory to offer it on that day! Scripture, however, uses here the words “eighth day” and uses them again later on, (Leviticus 22:27) “and from the eighth day and henceforth it shall be favourably accepted”, in order to suggest an analogy. Now what is the meaning of the “eighth day” mentioned in the latter passage? It intends to declare the first-born fit for sacrifice from the eighth day and henceforth (i. e. it is intended to fix the earliest possible time on which it may be sacrificed). This, too, in the purpose of the word שמיני used here: to declare it fit for sacrifice from the eighth day and henceforth. The text therefore implies: “on the eighth day thou mayest give it to Me” (and not “thou shalt give it to Me”) (Mekhilta d'Rabbi Yishmael 22:29:3).
h.ואנשי קדש תהיון לי AND YE SHALL BE MEN OF HOLINESS UNTO ME — If you will be holy and keep yourselves aloof from the loathsomeness of carrion and Trefa you are Mine, if not you are not Mine (cf. Mekhilta d'Rabbi Yishmael 22:30:1).
h.ובשר בשדה טרפה [NEITHER SHALL YE EAT] ANY FLESH THAT IS TORN IN THE FIELD – The same holds good in case the animal has been torn in the house, only that Scripture speaks of what usually happens mentioning the field because it is the place where it is usual for cattle to be torn. A similar instance is, (Deuteronomy 22:27) “for he found her in the field”, but the same law would apply if he found her elsewhere. Another example is, (Deuteronomy 23:11) “Any man that is unclean by reason of uncleanliness that chanceth him by night”; the same law, however, applies to an uncleanliness that happens by day, but night is mentioned because Scripture speaks of what usually happens (Mekhilta d'Rabbi Yishmael 22:30:3). The Targum renders ובשר בשדה טרפה by ובשר תליש מן חיוא חיא “flesh that is torn off from a living animal”, i. e. flesh that has been torn off through a laceration caused by a wolf or a lion, from a living beast which is permitted to be eaten (e. g., a stag), or from cattle permitted to be eaten.
h.לכלב תשלכון אתו YE SHALL CAST IT TO THE DOGS — You may give it to a heathen as well as to the dog. Or, perhaps this is not so, but כלב is to be taken literally? Scripture, however, states with regard to carrion, (Deuteronomy 14:21) “Thou shalt give it to a stranger or sell it unto an alien”, from which it follows by a conclusion à fortiori that you may derive whatever benefit you like from the Trefa (and so you also may give it to heathen). But if this be so, what is the force of Scripture expressly saying “to the dog”? It is to teach you that the dog is to be given preference in this respect and Scripture tells you at the same time that God does not withhold the reward due to any of His creatures. The dog is entitled to reward because it is stated, (Exodus 11:7) “But against the children of Israel shall not a dog move its tongue”, and this happened. The Holy One, blessed be He, said: Give it the reward it deserves (Mekhilta d'Rabbi Yishmael 32:30:3).