Shabbat Morning Torah Study - Parshat Mishpatim

(12) He who fatally strikes a man shall be put to death. (13) If he did not do it by design, but it came about by an act of God, I will assign you a place to which he can flee. (14) When a man schemes against another and kills him treacherously, you shall take him from My very altar to be put to death.

(12) מכה איש ומת WHOSOEVER SMITETH A MAN SO THAT HE DIE — Why is this said? Since it is said, (Leviticus 24:17) “And the man that smiteth (יכה) any person [shall surely be put to death]”, I might have inferred that mere smiting without resultant death is subject to the death penalty. Scripture therefore states here, “Whosoever smiteth a man so that he die [shall surely be put to death]”, thus telling you that he is not punishable with death unless the stroke proves fatal...Then on the other hand, so far as concerns the statement “And if [a man] smiteth the soul of any man” it might be held that even premature births at a term of eight months are included in the term כל נפש אדם “soul of any man”, Scripture therefore states “Whosoever smiteth a man” to intimate that one is not subject to the death penalty unless he kills a viable child — one which is fitted to become a man (Mekhilta d'Rabbi Yishmael 21:12:2).

(13) ושמתי לך מקום AND I WILL APPOINT THEE A PLACE — in the wilderness also — WHITHER HE SHALL FLEE — Which was the place that offered him an asylum? The camp of the Levites (Mekhilta d'Rabbi Yishmael 21:13:2; Makkot 12b).

(14) וכי יזד AND IF A MAN ACT INTENTIONALLY — Why is this stated at all (since v. 13 expressly provides a place for the murderer only if he does not lie in wait)? Since it is said, (v. 12) “Whosoever smiteth a man [so that he die shall be put to death]”, I might infer that this is so even if the victim is a heathen, and that there it included even a physician who kills a person as a result of his treatment, and a court-officer who kills a man when inflicting on him the forty lashes, and a father who beats and thereby kills his son, and a teacher who chastises his pupil and thereby kills him, and one who kills in error (שוגג, i. e. one who intended to kill a certain person but missed the mark and killed another instead — נתכוין להרוג את זה והרג את זה)! Scripture therefore states here: “if a man acts intentionally (יזיד)” — but not in error (שוגג); “against his fellowman (רעהו)” (cf. Mekhilta d'Rabbi Yishmael 21:14:1).

(14) מעם מזבחי תקחנו למות THOU SHALT TAKE HIM FROM MY ALTAR, THAT HE MAY DIE — even if he is a priest and stands at the altar intending to officiate thou shalt take him away that he die (cf. Mekhilta d'Rabbi Yishmael 21:14:4; Yoma 85a).

(15) He who strikes his father or his mother shall be put to death.

(15) ומכה אביו ואמו AND HE THAT SMITETH HIS FATHER OR HIS MOTHER [SHALL SURELY BE PUT TO DEATH] — Because Scripture has taught us that he who inflicts a wound upon his fellow-man is liable for damages but is not subject to death, it was compelled to state that he who inflicts a wound on his father or his mother is subject to the death penalty (Mekhilta d'Rabbi Yishmael 21:15:3). He is, however, not punishable with death except for a blow which causes a wound (Sanhedrin 85b).

(20) You shall not wrong a stranger or oppress him, for you were strangers in the land of Egypt. (21) You shall not ill-treat any widow or orphan. (22) If you do mistreat them, I will heed their outcry as soon as they cry out to Me, (23) and My anger shall blaze forth and I will put you to the sword, and your own wives shall become widows and your children orphans.

(20) וגר לא תונה — means, do not vex him with words (referring to the fact that he is a stranger)...

(20) ולא תלחצנו NOR OPPRESS HIM — by robbing him of money (Mekhilta d'Rabbi Yishmael 22:20).

(20) 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.

(21) 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).

(27) ונשיא בעמך לא תאור; not to curse the king if he imposed some penalty on you. Not only the king, any legitimate official is meant. Even a member of a religious court, i.e. one dealing with ritual matters, is included in this prohibition.

(27) אלוהים לא תקלל, even though you may feel that the judge has judged you unfairly, you must not curse him. The reason is that no individual can judge his own guilt or innocence objectively.

(27) ונשיא בעמך לא תאור, cursing the legitimate authority of a country, its official rulers, will frequently result in the whole population experiencing the negative fallout of such curses...