Chapter 21
Note:
- There is no separate realm of religion. Religion should impact and exist in all areas of life (para 1).
- Civil law is an extension of the 6th commandment (covet)
- These ordinances are mainly about avoiding damage to others
- The laws must be placed before them in their fullness!
2 problems:
- spread: In a lawless land any law is better than none. Even if roughly hewn, it would be of benefit.
- All these ordinances are heavily based on witness testimony - which only works in a Community of Truth.
- Understand and apply these laws. This is patently not the situation, unless it takes all this effort and practice and study to understand. However, as Judaism is essentially a practocracy, as has been said: “We shall hear, and we shall do”, first practice, then understand.
: The virtualisation of the world removes human witnesses. We believe that the evidence from a picture or video is more accurate than witness testimony - but the same standard of truth is required. What if the video/photo has been tampered with or is fake?
n21:28-32] The property or injury needs to adhere to market value for final restitution.
n21: 25] Different forms of injury
נזק - loss of value
צער - pain
רפוי - medical cost
שֶׁבֶת - loss of income
בושׁת - humiliation (Deut. 25:11)
ואלה המשׁפתים אשׁר תשׂים לפניהם - to whom is He speaking?
Chapter 21
v21:1] Ordinances
v21:2-6] Bondsmen
The bondsman will be set free, unless he decides that he prefers to remain bonded, then his ear is pierced by an awl at the doorpost.
v21:7-11] Bondswomen
This section describes the rights of a bondswoman.
v21:13-14] Strike
This is about the punishment for a man who strikes another man and he dies. ֻ֗֗Question: Does it not also pertain to the striking a woman and she dies? Or is that another category?
If it is unintentional, there will be cities to which he can flee. If it is intentional, then “from my altar, take him to die”.
v21:] Kidnap
If he kidnaps someone, sells him, and he is “in his power”, he will be put to death.
v21:] Curse parent
If a son curses his parent, he will surely be put to death.
v21:] Quarrel
If there is a quarrel, and the one strikes the other and he does not die. When he gets up, the other is to pay for his lost wages.
*v21:] Strike slave
If a man strikes his slave or his bondswoman with a rod, and he (or she) dies, he shall be avenged. However, if he survives one or two days, he shall not pay, for he is his property.
*v21:22-25] Miscarriage
If two men are fighting and they strike a pregnant woman who then miscarries. If there is no fatality, then he will pay accordingly. However if she does die, then he will pay with his life. For it is a life for a life, an eye for an eye, a tooth for a tooth.
v21:26-27] Freed
If a man strikes a slave or a maidservant and he loses an eye or a tooth, he shall be freed.
Question: Yet if he breaks an arm, or suffers an internal injury, he will not be freed?
v21:28] Ox gore
If an ox gores another ox, it shall be eaten by the one whose ox was gored.
If the ox has done this before, the ox is stoned, and the owner shall atone with his life, unless he gives payment for his life.
v21:33] Open pit
If someone digs a pit, and an ox falls into the pit, he shall make restitution.
v21:34] Ox to Ox
If it is habitual…
v21:37] Steal livestock
If someone steals livestock, the restitution shall be five cattle or 4 sheep. [Question: What about other livestock? Fowl? Does it not matter how many livestock he steals?]
Chapter 22
v22:1] Thief
If a thief is caught tunnelling into someone’s property, he is allowed to kill him. Unless the sun shone on him, he will then be sold.Question: I do not understand.
v22:4] Field
If livestock devours a field, or a vineyard, the owner shall pay the value of the field.
Note: In these previous two cases, (and in a number more) they require a investigative arm and an arresting force to come before the judge. Unless it is a Community of Trust.
v22:5] Fire
If a fire destroys a standing crop, the one who lit the fire shall pay restitution.
v22:6] Money/vessels
If money or vessels are left in someone’s care, and it is stolen. Whoever is found guilty shall pay double.Question: And if it is just stolen?
v22:9] Animal
If someone’s animals are being looked after, and the animal is looted, and he swears an oath, there is no payment. However, if the animal is stolen, [Question: By whom?] he shall pay. If the animal is torn to death, and there are witnesses, he shall not pay. Question: And if there were no witnesses?
v22:13] Borrow
If he borrows an item, and it is stolen with the owner not present, he shall pay. However, if he is a renter, he shall not pay. Question: They had rentals in those days? And why would that affect it
v22:15] Seduce virgin
If a man seduces a virgin who is not betrothed, and he lies with her, he shall then offer her a marriage contract. If the father refuses to sell his daughter, he shall pay silver according to the value of the virgin marriage contract.
*v22:17] Sorceress.
"You shall not allow a sorceress to live. Question: But a sorcerer may live? Also, I believe there are certain characteristics that make a sorcereress, one of which is to predict the future, I think
v22:18] Bestiality
Anyone who practices bestiality shall not be allowed to live.
v22:19] Offerings
Anyone who gives offering to the gods shall not live, for there is only HaShem.
v22:20] Stranger
Do not taunt or oppress the stranger, for we were strangers in Egypt. Do not cause pain to the widow or orphan, lest you incur My wrath.
v22:24] Lending money
You shall lend money to My people with no interest.
v22:25] Garment
If you accept a man’s garment as security for his labour, you shall return it to him by sunset.
v22:27] Revile G-d
Do not revile G-d, nor curse your leaders.
v22:28] בִקוּרים — fullness-offering.
This is the offering of the first fruits. It also refers to the offering of the first-born son.
v22:30] People of Holiness
You are a people of holiness. Do not eat of an animal torn in the field, but feed it to your dogs.
Chapter 23
v23:1] False report
Do not give a false report and support evil.
v23:2] Majority
Do not follow the majority for evil.
v23:3] Destitute
Do not glorify a destitute person.
v23:4] Ox of your enemy
If you come across the ox of your hated enemy, you must return it to him.Note: This, I assume, applies to all possessions.
v23:5] Donkey struggling
If you encounter the donkey of your enemy struggling with his load, you must assist him repeatedly.
v23:13] Names
You shall not mention the names of the gods of others, nor shall your lips form their names.
v23:14-17] Pilgrimage Festivals
- Festival of Matzos: 7 days, month of planting.
- Festival of Harvest: first fruits of your labour
- Festival of Ingathering: close year, gather in your work from the fields
v23:18] Blood
Do not offer the blood of the sacrifice on leavened bread. Question: Did they drink blood, or eat food soaked in blood at the time? Else why would this be mentioned? The fat of the sacrifice may not remain for use the next morning.
v23:20-23] Angel
I will send an angel ahead of you to protect you. Do not anger him, for he is My messenger.
v23:24] Do not worship nor prostrate yourself before their gods. Worship HaShem and you will be free of illness. There will be no miscarriages amongst the people, and no infertility.
v23:29] Wilderness
You will conquer all the tribes who occupy the land and you will drive them out of the Holy Land. But it shall not be done in a year, for then it will turn into a wilderness, and the wild beasts will occupy the land.
You must destroy these nations!
Chapter 24
(a) 1st ascent:
v24:1] Go up! — עלה אל־יהוה
To Moses: "Go up to HaShem accompanied by Aaron, Nadiv, Avihu and 70 elders. Prostrate yourselves from a distance. Moses alone may approach.
v24:3] Ordinances — כל הדבֻּרים אשׁר דבר יהוה נעשׂה
Moses related all these ordinances as told to him by G-d to the people. We responded: “We will do.”
v24:4] Book of the Covenant — נעשׁה ונשׁמע
Moses wrote all words of HaShem down. Then he prepared an altar and sacrificed on it, spreading the blood around. Then he read to the the people from the Book of the Covenant that he had just written. They responded with, “We will do and we will obey.” Note: I think that Book of the Covenant is a much better name for the books of Moshe Rabeinu.
He did not stretch His hand against the elders : לא שׁלח ידו
(b) 2nd ascent
v24:9-v11] They saw G-d - כמעשׂה לבנת הספיר כעצם השׁמיים לטהר
Moses, Aaron, Nadiv, Avihu and the elders ascended. They saw G-d, and it was like sapphire brickwork, like the essence of heaven.Note: Four Rabbi’s. They gazed at G-d, ate and drank. [Note: Moses could “not look at My face”, yet they ate and drank] (in His company): אצלי בני ישׂראל.
© 3rd ascent
v24:12] Tablets
HaShem says to Moses: Ascend to Me to the mountain. I will give you stone tablets on which will be engraved My teaching and commandment. Note: singular
(d) 4th ascent
v24:13] Only Moses
Moses rose with Joshua, his servant, and Moses ascended. Aaron and Hur (son of Caleb and Miriam) will deal with your grievances. Question: Who is Hur, who is called to advise the people with Aaron. What about his two sons, Nadiv and Avihu? Where are they now? Would they not be the natural choice in this circumstance?
(e) 5th ascent
v24:15] Moses ascends the mountain.
v24:16] Cloud
A cloud covered the mountain. It contained the Glory of HaShem. It resided on the mountain for six days. On the seventh day, G-d called to Moses from within the cloud.
v24:17] Consuming fire
The appearance of the Glory of G-d was like a consuming fire before the eyes of the Children of Israel.
(f) 5th ascent
v24:18] Moses arrived
Moses arrived in the midst of the cloud and ascended the mountain, where he remained for forty days and forty nights.
Note: Perhaps he needed to be on the mountain for that long so that the people had enough time to build the golden calf!
Note: This parasha is part of a larger narrative that began with Yitro, in which we were given the Ten Commandments, the high point of the narrative and our journey. It then continues through Terumah, Tetzavah till Ki Tisa — which is where the evil deed occurs, thus representing the true low point of the story. In Terumah are the explicit instructions regarding the building of the altar. In Tetzaveh are the details of the dress of the High Priest. Ki Tisa details the utensils that will be in the Mishkan. It emphasises the Sabbath, and then, in chapter thirty-two, we build the Golden Calf.