Hebrew Bible Study
Hebrew Bible Study

Commentary for Exodus 22:4

כִּ֤י יַבְעֶר־אִישׁ֙ שָׂדֶ֣ה אוֹ־כֶ֔רֶם וְשִׁלַּח֙ אֶת־בעירה [בְּעִיר֔וֹ] וּבִעֵ֖ר בִּשְׂדֵ֣ה אַחֵ֑ר מֵיטַ֥ב שָׂדֵ֛הוּ וּמֵיטַ֥ב כַּרְמ֖וֹ יְשַׁלֵּֽם׃ (ס)

If a man cause a field or vineyard to be eaten, and shall let his beast loose, and it 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.

Rashi on Exodus

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" .
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Sforno on Exodus

כי יבער איש שדה או כרם, within his own property, (originally)
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Or HaChaim on Exodus

כי יבער איש שדה, If a man cause a field to be consumed (the grain growing on it), etc. This verse has to be understood in conjunction with Baba Kama 56. Rav said that if someone places his own animal on a field of his neighbour, such field being full of growing grain, he is liable if his animal consumes some of it. The Talmud there adds that although this is obvious, we apply this rule even when the owner merely placed his ox in a position where it faced the growing field of his neighbour in every direction open to it; the owner of the ox is guilty although he had not actually led the animal by hand. The Torah writes: כי יבער איש, to tell us that even if the animal does not belong to the person who perpetrates this act, he is liable for the damage. The Torah goes on to say ושלח את בעירה, to tell us that even if he did not do what he did by hand but merely let loose his animal in the general direction of the neighbour's field failing to take precautions against his animal causing damage in his neighbour's field, he is liable for the damage caused by his beast.
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